[Federal Register Volume 75, Number 230 (Wednesday, December 1, 2010)]
[Rules and Regulations]
[Pages 74650-74656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30167]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100806332-0573-02]
RIN 0648-BA02
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Gag Grouper Management
Measures
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Final temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final temporary rule to implement interim
measures to reduce overfishing of gag in the Gulf of Mexico (Gulf).
This final rule reduces the commercial quota for gag and, thus, the
combined commercial quota for shallow-water grouper species (SWG),
prohibits recreational harvest of gag, and suspends red grouper multi-
use allocation in the Gulf grouper and tilefish individual fishing
quota (IFQ) program, as requested by the Gulf of Mexico Fishery
Management Council (Council). The intended effect of this final
temporary rule is to reduce overfishing of the gag resource in the
Gulf.
DATES: This rule is effective January 1, 2011 through May 31, 2011.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA)
may be obtained from Peter Hood, Southeast Regional Office, NMFS, 263
13th Avenue South, St. Petersburg, FL 33701.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-824-5305,
or e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the fishery management plan (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).
On October 18, 2010, NMFS published the proposed temporary rule and
requested public comment (75 FR 63786).
This final temporary rule will reduce the commercial quota for gag,
reduce the combined commercial SWG quota, prohibit recreational harvest
of gag, and suspend red grouper multi-use allocation in the Gulf
grouper and tilefish IFQ program. The purpose of this final temporary
rule is to reduce overfishing of the gag resource in the Gulf. No
changes were made to this final rule as a result of public comment.
Comments and Responses
The following is a summary of the comments NMFS received on the
proposed rule and NMFS' respective responses. During the comment
period, NMFS received 55 comments on the proposed rule.
Comment 1: A number of commenters questioned the scientific basis
used to assess gag stocks and how scientific information was applied to
support fishery management decisions. They indicated the data NMFS used
were outdated, flawed, or anecdotal.
Response: Stock assessments are conducted under the scientifically
peer-reviewed Southeast Data, Assessment, and Review (SEDAR) process
which was initiated in 2002 to improve the quality and reliability of
fishery stock assessments in the Gulf, South Atlantic, and U.S.
Caribbean. SEDAR seeks improvements in the scientific quality of stock
assessments and supporting information available to address existing
and emerging fishery management issues. This process 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 3 workshops. First, the data workshop documents, analyzes, and
reviews datasets to be used for assessment analyses. Second, the
assessment workshop develops and refines quantitative population
analyses and estimates population parameters. The final workshop is
conducted by a panel of independent experts who review the data and the
assessment and recommend the most appropriate values of critical
population and management quantities. The 2006 gag assessment and 2009
update assessment were both conducted within this SEDAR process. All
workshops and Council-initiated meetings to review the assessment were
open to the public and included constituent participation on the
various SEDAR panels to ensure the transparency of the data and how it
was applied in the assessments. In addition, the Council's Scientific
and Statistical Committee reviewed the assessment results and made
recommendations to the Council about the adequacy of the assessments
and what level to set the acceptable biological catch. The data
incorporated into the SEDAR assessment is derived from both fishery-
dependent and fishery-independent data. Examples of fishery-dependent
data include, but are not limited to: Logbook data, trip tickets,
dockside sampling, dealer reports, and marine recreational fishing
statistical surveys (MRFSS). Fishery-independent data sources consist
of data provided through surveys and research conducted by Federal,
state, and academic institutions. Furthermore, NOAA's Southeast
Fisheries Science Center reviews and certifies that the actions
contained in this rulemaking are based on the best available scientific
information.
Comment 2: Several individuals doubted that red tide could be
responsible for the 2005 mortality event modeled in the gag update
assessment.
Response: Red tide may have contributed to the 2005 episodic
mortality event. In the 2009 update assessment, 10 models were run that
varied different parameters within the assessment. The model with the
best fit took into account decreases in indices of abundance thought to
have occurred because of the red tide event documented in 2005.
Although the model cannot show a direct link between the red tide event
and the
[[Page 74651]]
decrease in gag abundance, it does indicate a variable was present in
2005 that depressed the stock size.
Comment 3: Several commenters indicated that it was unfair to close
the recreational sector while allowing some commercial harvest to
continue. Comments indicated a complete closure of both sectors would
be more fair and that commercial fishermen should be able to target
other species with methods to minimize the bycatch of gag. One
commenter disliked an implied reference to the opening of the
recreational sector by the Council in subsequent rulemaking.
Response: The Council discussed a complete closure to all gag
harvest pending the outcome of the review of the assessment, but
determined it was more reasonable to allow some commercial harvest.
This decision was expected to minimize the mortality of gag caught by
the commercial sector while targeting other species, and ultimately
maximize the extent of a recreational season in 2011.
The commercial sector has a lower overall allocation and harvest of
gag, and likely a lower overall impact on the gag stock; nevertheless,
the commercial sector has a higher discard mortality rate of the gag
that are caught. Because the fish inadvertently caught by commercial
operations are less likely to survive being caught, the Council decided
the most reasonable action was to allow some retention of fish that
would otherwise be discarded dead. The quota of 100,000 lb (45,359 kg)
was believed to be low enough to discourage commercial vessels from
fishing in areas with high gag catch, because of the high levels of
discards in such areas, while still allowing some level of gag
retention when gag were incidentally caught.
Although the recreational sector has a lower discard mortality
rate, it has a higher discard rate, as well as a much larger allocation
of the total allowable catch, thus resulting in a substantial number of
dead discards by the recreational sector overall. Thus, allowing the
recreational sector even a limited harvest of gag early in 2011 would
result in large number of dead discards as well. If this temporary
closure were not to occur for the recreational sector, projections
indicate that gag harvest would likely close early in the 2011 fishing
year, leading to a very abbreviated season. The Council's request is
expected to discourage fishing in areas where gag catch is likely to
occur, and minimize the number of gag dead discards until the Council
can implement 2011 management measures through Amendment 32. Landing
projections indicate the recreational season length could be maximized
by moving the gag recreational season to the summer. Therefore, more
restrictive measures early in the 2011 season are ultimately expected
to result in greater season length later in the year and greater
fishing opportunities for the recreational sector as a whole.
Comment 4: Several commenters indicated gag are plentiful and,
therefore, further management measures are unnecessary. Other
commenters indicated that although the gag population does seem
depressed, the proposed management measures seem overly restrictive.
Several commenters suggested alternative management measures including
different seasonal closures, reduced bag limits, and changing the
status of gag to a gamefish.
Response: The 2006 assessment and 2009 update assessment for gag
used a variety of data including those from fishery-dependent and
fishery-independent sources. Several models were used including models
that took into account a 2005 episodic mortality event. These models
consistently indicated the gag stock was depressed. The model
recommended by the Council's Scientific and Statistical Committee (SSC)
was the model taking into account the 2005 episodic mortality event.
This model indicated the stock was overfished and undergoing
overfishing, prompting NMFS to inform the Council of this condition and
that action is needed to rebuild the stock.
In evaluating different management measures, the Council evaluated
alternative seasonal closures, area closures, bag limits, and size
limits. Because of the magnitude of discards by the recreational
sector, only the seasonal closure alternatives would meet the required
reductions, and these alternatives indicated a summer season would best
maximize the time the sector could remain open. Given the uncertainty
surrounding the reductions needed for gag resulting from issues with
how dead discards were treated in the update assessment, and given the
Council's recommendation that the recreational season could be
maximized in the summer, the Council requested a temporary closure of
the recreational sector until these issues could be resolved.
Comment 5: Several commenters stated that shifts in species
abundance have negatively affected gag stocks. Specifically, an
increased red snapper population has shifted gag away from their
primary habitats and an increased goliath grouper population is feeding
heavily on gag.
Response: Species interactions among Gulf reef fish species are
poorly understood; models that examine the linkages between species are
not yet adequate to determine the effects of management measures on
species interactions. However, it is important to note that species
such as red snapper and goliath grouper are managed by NMFS and the
Council to improve their stock condition. Therefore, as these stocks
improve, some interactions could occur through competition for food or
habitat. With respect to goliath grouper, although they do feed on fish
and will opportunistically prey upon fish caught with hook-and-line,
they feed primarily on crustaceans. In one scientific study, conducted
by Coleman and Koenig, over 200 goliath grouper were sampled from the
Gulf, and no grouper species were found in the analysis of their
stomach contents (http://www.bio.fsu.edu/coleman_lab/goliath_grouper.php).
Comment 6: Some commenters indicated that gag overharvest was due
to the actions of the commercial sector. They suggested implementing
measures to restrict commercial harvest such as banning longline gear,
instead of reducing recreational harvest.
Response: When the allocation of gag harvest was developed for the
recreational and commercial sectors in Amendment 30B, it was based on
average landings between 1986 and 2005. The resultant allocation ratio
is 61:39, respectively. Therefore, even if commercial harvest were
prohibited, some restrictions on recreational harvest would still be
necessary to allow the stock to rebuild. It is beyond the scope of this
temporary rule to ban longline gear because such a ban would not end
overfishing; however, recently implemented management measures taken
through Amendment 31 (75 FR 21512; April 26, 2010) have reduced the
number of longline vessels in the Gulf reef fish fishery and further
limited where they can fish.
Comment 7: Several commenters indicated regionalized gag management
should be considered to allow a greater proportion of the gag harvest
to occur in areas where gag are more abundant.
Response: It is outside of the scope of this temporary rule to
consider regionalized management because such an approach would not
lead directly to ending overfishing. However, the Council continues to
examine regionalized management for reef fish species. In the course of
developing long-term management measures in Amendment 32, the Council
is considering seasonal-area closures for grouper species which is
considered an example of regionalized management.
Comment 8: Several commenters indicated fishing effort was reduced
[[Page 74652]]
because of current economic conditions and fishery closures resulting
from the Deepwater Horizon MC252 oil spill.
Response: In developing fishing regulations to limit harvest,
current and past fishing effort levels are taken into account. These
levels would reflect trends in effort because of factors such as the
economy and the oil spill. As shown in the environmental assessment for
this action, gag effort, in 2009, was below the 2005-2009 average.
However, these recent reductions in effort are likely less than what
will be needed to end overfishing of gag and rebuild the stock.
NMFS is in the process of analyzing landings data to determine the
effects of the spill on fishing effort. Oil from the Deepwater Horizon
MC252 incident, at its maximum extent, affected approximately one-third
of the Gulf EEZ, from western Louisiana east to the panhandle of
Florida and south to Campeche Bay in Mexico. However, the affected
areas are outside the west Florida Shelf where gag are primarily found.
Most of the gag habitat was either not affected by fishery closures
resulting from the oil spill, or the duration of the closures was
limited. Therefore, the opportunity to harvest gag was minimally
affected compared to the opportunity to harvest other species primarily
harvested in the northern Gulf, such as red snapper.
Comment 9: One commenter suggested that the proposed prohibition on
the recreational harvest of gag would do little to reduce the total
number of gag killed by the Gulf reef fish fishery because recreational
harvest would still result in gag bycatch and subsequent release
mortality.
Response: The total number of gag caught and released under a
recreational harvest prohibition would be less than if the harvest
prohibition were not in place. Based on data from the 2006 SEDAR
assessment, recreationally discarded fish have a lower discard
mortality rate (~32 percent) than commercially discarded fish (~67
percent), and therefore the likelihood of survival for released fish is
much higher for the recreational sector. This is because recreational
effort primarily occurs in shallower waters where discard mortality
rates are low.
Classification
The Regional 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 Gulf gag resource.
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 the purposes of E.O. 12866.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the initial regulatory flexibility analysis (IRFA), a
summary of the significant economic issues raised by public comments,
NMFS responses to those comments, and a summary of the analyses
completed to support the action. A copy of the full analysis is
available from NMFS (see ADDRESSES). A summary of the FRFA follows.
The Magnuson-Stevens Act provides the statutory basis for this
final rule. No duplicative, overlapping, or conflicting Federal rules
have been identified.
No comments received directly raised issues specific to the IRFA.
However, many comments raised concerns regarding the Regulatory Impact
Review (RIR) in the Environmental Assessment (EA). Some of these
comments address issues indirectly related to the IRFA. While the IRFA
analyzes the economic effects on small entities, a direct relationship
exists between the RIR and the IRFA. Thus, all comments related to the
RIR and IRFA are addressed here.
A number of public comments were received regarding the economic
impact of the gag component of the reef fish fishery to the U.S.
economy, most of which mentioned the economic impact of recreational
sector. These comments stated that NMFS did not conduct an economic
assessment of the affected economic environment, the assessment was
incomplete, or the assessment was inaccurate.
Using the best available information, NMFS conducted an economic
impact assessment of the gag component of the reef fish fishery to the
U.S. economy. For the commercial sector, this assessment included
information regarding the number of affected shareholders and vessels,
their landings, gross revenue, shares and allocation of gag, and the
distribution of longline endorsements. Information regarding the number
of affected dealers, as well as the volume and value of their seafood
purchases, was also included. The assessment also included information
regarding the value of imported grouper. In addition, ex-vessel revenue
was used to generate estimates of impacts to the U.S. economy in terms
of output, income, and the number of full-time equivalent (FTE) jobs.
For the recreational sector, the analysis included estimates of
losses in pounds and number of fish, which were used to estimate the
loss in consumer surplus to all anglers. For the for-hire sector, the
analysis also incorporated estimates of the number of adversely
affected for-hire (charter and headboat) vessels, as well as the
reduction in target trips for gag and net operating revenue by month
and for the duration of the closure. In addition, estimates of adverse
economic impacts to the U.S. economy in terms of lost output, value-
added, and the number of full-time equivalent (FTE) jobs were also
provided. Estimates of these adverse economic impacts were also broken
down by State and mode. For these reasons, no changes were made to this
final rule as a result of these comments.
This final temporary rule is expected to directly affect commercial
harvesting and for-hire operations. The Small Business Administration
(SBA) has established size criteria for all major industry sectors in
the U.S., including fish harvesters. A business involved in fish
harvesting is classified as a small business if it is independently
owned and operated, is not dominant in its 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 receipts threshold is $7.0 million (NAICS code
713990, recreational industries).
This final temporary rule is expected to directly affect commercial
fishing vessels whose owners possess gag fishing quota shares and for-
hire fishing vessels that harvest gag. As of October 1, 2009, 970
entities owned a valid commercial Gulf reef fish permit and thus were
eligible for initial shares and allocation in the grouper and tilefish
IFQ program. Of these 970 entities, 908 entities initially received
shares and allocation of grouper or tilefish, and 875 entities
specifically received gag shares and an initial allocation of the
commercial sector's gag quota in 2010. These 875 entities are expected
to be directly affected by the actions to reduce the commercial quota
for gag and disallow the conversion of red grouper allocation to multi-
use allocation.
Of the 875 entities that initially received gag shares, 215 were
not commercially fishing in 2008 or 2009 and thus had no commercial
fishing revenue during these years. On average, these 215 entities
received an initial allocation of 874 lb (397 kg) of gag in 2010. Eight
of these 215 entities also received a bottom longline endorsement in
2010. These 8 entities received a much higher initial allocation of gag
in 2010, with an average of 3,139 lb (1,427 kg).
[[Page 74653]]
The other 660 entities that initially received gag shares and
allocations in 2010 were active in commercial fisheries in 2008 or
2009. The maximum annual commercial fishing revenue in 2008 or 2009 by
an individual vessel with commercial gag fishing quota shares was
approximately $606,000 (2008 dollars).
The average charterboat is estimated to earn approximately $88,000
(2008 dollars) in annual revenue, while the average headboat is
estimated to earn approximately $461,000 (2008 dollars). Based on these
values, all commercial and for-hire fishing vessels expected to be
directly affected by this final temporary rule are determined for the
purpose of this analysis to be small business entities.
Of the 660 commercial fishing vessels with commercial landings in
2008 or 2009, 139 vessels did not have any gag landings in 2008 or
2009. Their average annual gross revenue in these 2 years was
approximately $50,800 (2008 dollars). The vast majority of these
vessels' commercial fishing revenue is from a combination of snapper,
mackerel, dolphin, and wahoo landings. On average, in 2010, these
vessels received an initial allocation of 540 lb (245 kg) of gag quota.
The remaining 521 commercially active fishing vessels did have
landings of gag in 2008 or 2009. Their average annual gross revenue
from commercial fishing was approximately $71,000 (2008 dollars)
between the two years. On average, these vessels had 2,375 lb (1,080
kg) and 1,300 lb (591 kg) of gag landings in 2008 and 2009
respectively, or 1,835 lb (834 kg) between the 2 years. Gag landings
accounted for approximately 8 percent of these vessels' annual average
gross revenue, and thus they are somewhat, though not significantly,
dependent on revenue from gag landings. These vessels' average initial
gag allocation in 2010 was 2,121 lb (964 kg). Therefore, on average,
their 2008 gag landings were very near their 2010 gag allocation, but
their 2009 gag landings were considerably less than their 2010
allocation.
Of these 521 vessels, 52 vessels also received a bottom longline
endorsement in 2010. These particular vessels' average annual revenue
was approximately $156,000 (2008 dollars) in 2008 and 2009. Revenue
from gag landings decreased from approximately $15,900 to $8,400 in
2009 and thus they became relatively less dependent on gag landings.
These vessels are highly dependent on revenue from red grouper
landings, which accounted for 54 percent and 47 percent of their gross
revenue in 2008 and 2009, respectively. Revenue from deep-water grouper
(DWG) landings decreased only slightly, from approximately $36,000 in
2008 to $31,000 in 2009, and thus these vessels became relatively more
dependent on revenue from DWG landings. Their average initial 2010
allocation of gag was approximately 5,507 lb (2,503 kg) while their
average gag landings were 3,933 lb (1,788 kg) and 2,204 lb (1,002 kg)
in 2008 and 2009, respectively. Thus, vessels that now have a bottom
longline endorsement have been harvesting well below that allocation in
recent years, particularly in 2009.
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 harvest of gag in the EEZ by for-
hire vessels requires a charter vessel/headboat permit for Gulf reef
fish. On March 23, 2010, there were 1,376 valid or renewable for-hire
Gulf reef fish permits. A valid permit is a non-expired permit. Expired
reef fish for-hire permits may not be actively fished, but are
renewable for up to 1 year after expiration. Because of the extended
permit renewal period, numerous permits may be expired but still
renewable at any given time of the year during the renewal period after
the permit's expiration. The majority (823, or approximately 60
percent) of the 1,376 valid or renewable permits were registered with
Florida addresses. The registration address for the Federal permit does
not restrict operation to Federal waters off that state; however,
vessels would be subject to any applicable state permitting
requirements. Although the permit does not distinguish between
headboats and charter vessels, it is estimated that 79 headboats
operate in the Gulf. The majority of these vessels (43, or
approximately 54 percent) operate from Florida ports. Given that nearly
99 percent of target effort for gag and 97 percent of the economic
impacts from the recreational sector for gag in the Gulf reef fish
fishery are in west Florida, it is assumed that the 823 for-hire
vessels (780 charter vessels and 43 headboats) in Florida are expected
to be directly affected by the action to reduce the recreational bag
limit for gag to zero.
The 215 entities with gag shares that did not participate in
commercial fishing in 2008 or 2009 have no commercial fishing revenue
and did not earn profit from commercial fishing in those 2 years. Under
the action to decrease the commercial quota for gag, their allocation
of gag in 2011 would be reduced, on average, from 874 lb (397 kg) to 61
lb (28 kg), or by approximately 813 lb (370 kg). Using the 2008 average
price of $3.52 per lb, this loss in allocation could potentially
represent an annual loss of nearly $2,900 in gross revenue per entity.
For the eight entities with gag shares that also possess longline
endorsements, their average annual allocation of gag would be reduced
from 3,139 lb (1,427 kg) to 220 lb (100 kg), or by 2,919 lb (1,327 kg).
Thus, their potential loss in gross revenue, estimated to be nearly
$10,280, could be much higher. However, in general, this potential loss
in gross revenue could only reduce profit if these entities not only
become active in commercial fishing, but specifically intend to harvest
gag in 2011 and at a level above their reduced allocation.
Alternatively, these potential losses in gross revenue could be due to
these entities' inability to sell the allocations they are losing under
this action, though this possibility presumes that a demand for these
allocations exists. Regardless, the significance of this potential loss
in gross revenue to these 215 entities cannot be evaluated given the
lack of information on potential gross revenue and profit from
commercial fishing in general and specifically for gag.
Profit estimates are not currently available for the 139 entities
with gag shares that participated in commercial fisheries other than
gag. However, since these vessels did not have any gag landings, none
of their gross revenue and thus none of their profit were the result of
gag harvests. Under the action to decrease the commercial quota for
gag, their average allocation of gag in 2011 would be reduced from 540
lb (245 kg) to 38 lb (17 kg), or by approximately 502 lb (228 kg).
Using the 2008 average price of $3.52 per pound, this loss in
allocation could potentially represent an annual loss of nearly $1,800
in gross revenue per entity. However, this potential loss in gross
revenue could only lead to a loss in profit if these entities intend to
become active in the gag component of the Gulf reef fish fishery in
2011 and at a level above their reduced allocation. Thus, for example,
assuming these vessels intend to harvest gag in 2011 at a level
equivalent to their 2010 allocation, and this harvest was in addition
to, rather than in place of, their recent commercial fishing
activities, the reduction in allocation could lead to a maximum loss of
approximately three percent in gross revenue which could in turn reduce
profit. Alternatively, these losses in gross revenue could be due to
these entities' inability to sell the allocations they are losing under
this action, though this possibility presumes
[[Page 74654]]
that a demand for these allocations exists.
Profit estimates are not currently available for the 521 entities
with gag shares that participated in the commercial gag sector of the
Gulf reef fish fishery in 2008 or 2009. Under the action to decrease
the commercial gag quota, these vessels' gag allocations would be
reduced from 2,121 lb (964 kg) to 148 lb (67 kg), or by approximately
1,973 lb (897 kg) on average. As these vessels have been harvesting at
levels near their 2010 allocation in recent years on average, this
reduction in gag allocation is likely to lead to a future reduction in
gag landings and therefore gross revenue. Using the average 2008 price
of $3.52 per pound, it is estimated that these vessels could lose
nearly $6,950, or approximately 10 percent, in average annual gross
revenue. A loss in gross revenue of this magnitude would likely lead to
a reduction in profit.
However, for the 52 vessels with gag shares that were active in the
gag component of the Gulf reef fish fishery and also received a bottom
longline endorsement in 2010, their allocation of gag in 2011 would
decrease from 5,707 lb (2,594 kg) to 400 lb (182 kg), or by
approximately 5,307 lb (2,412 kg) under this action. This loss in
landings is estimated to be valued at approximately $18,700 in gross
revenue, or 12 percent of their average annual gross revenue. Such a
loss in gross revenue would likely reduce their profit.
Under the action to suspend the conversion of red grouper
allocation into multi-use allocation valid toward the harvest of red
grouper or gag, minimal adverse economic effects are expected as a
result of commercial fishing entities not being allowed to convert 4
percent of their red grouper allocation into multi-use allocation.
Multi-use allocation that has been converted from red grouper
allocation can only be used to possess, land, or sell gag after an
entity's gag and gag multi-use allocation has been landed, sold, or
transferred. As a result of this reduction in the commercial gag quota,
it is likely these entities will exhaust their gag and gag multi-use
allocations relatively early in 2011. Revenue from gag landings is
greater than revenue from an equivalent amount of red grouper landings
since gag commands a relatively higher market price. Thus, total
commercial fishing revenue and, therefore, profit per vessel could be
slightly less than if the multi-use conversion were allowed to
continue.
Net operating revenues (NOR) are assumed to be representative of
profit for for-hire vessels. It is assumed that 823 for-hire vessels,
780 charter vessels, and 43 headboats, participate in the recreational
gag component of the Gulf reef fish fishery. Estimates of NOR from
recreational fisheries other than gag, and thus across all fisheries in
which these charter vessels and headboats participate, are not
currently available. However, on average, NOR for charter vessels from
trips targeting gag are estimated to be approximately $1.34 million per
year while NOR for headboats from trips targeting gag are estimated to
be $81,000 per year. NOR for all trips targeting gag are estimated to
be approximately $1.35 million per year. The average annual NOR from
trips targeting gag are estimated to be $1,716 per charter vessel and
$1,881 per headboat.
When the length of the gag season is reduced by setting the
recreational bag limit for gag at zero, some trips that formerly
targeted gag will instead target other species while other trips that
formerly targeted gag will be cancelled. Assuming the NOR per trip is
constant regardless of the species targeted, for-hire operators will
only lose NOR from trips cancelled as a result of the shortened season
length. Information regarding the number of trips cancelled as a result
of the shortened season is not current available. Thus, this analysis
assumes that all of the current for-hire trips targeting gag will be
cancelled. Because some of these trips would probably not be cancelled,
this assumption is expected to overestimate the actual reduction in NOR
associated with a shorter season. Thus, the following estimates of
losses in NOR and profit for charter vessels and headboats should be
considered maximum values.
Under the action to set the gag recreational bag limit for gag at
zero, the losses in NOR from trips targeting gag for charter vessels
and headboats are estimated to be approximately $750,000 and $43,000,
respectively, if this final temporary rule is not extended for up to
186 days as allowed under the Magnuson-Stevens Act for interim
measures. Thus, the losses in NOR from trips targeting gag are
estimated to be $962 and $1,000 per charter vessel and headboat,
respectively. These NOR losses represent a loss in profit from trips
targeting gag of approximately 56 percent and 53 percent per charter
vessel and headboat, respectively. However, if there is an extension of
this final temporary rule, the losses in NOR for charter vessels and
headboats are estimated to be approximately $1.34 million and $81,000,
respectively. Thus, the losses in NOR are estimated to be $1,716 and
$1,881 per charter vessel and headboat, respectively. These losses in
NOR represent a loss in profit for all charter vessel and headboat
trips targeting gag. This action is not expected to affect profit for
charter vessels and headboats from trips not targeting gag. Vessel
dependence on fishing for individual species cannot be determined with
available data. Although some vessels are likely more dependent on
trips that target gag than other vessels, overall, about three percent
of for-hire anglers are estimated to target gag. As a result, while the
action would be expected to substantially affect the NOR derived from
gag trips, overall, gag trips do not comprise a substantial portion of
total for-hire trips nor would they, by extension, be expected to
account for a substantial portion of total for-hire NOR.
No additional economic effects would be expected to result from the
revised SWG quota because the updated SWG quota simply reflects the
reduction in the commercial gag quota, the effects of which have
already been discussed.
Three alternatives, including the status quo, were considered for
the action to reduce the commercial quota for gag from 1.49 million lb
(0.68 million kg) to 100,000 lb (45,359 kg) in 2011. The first
alternative, the status quo, would have maintained the commercial quota
for gag at 1.49 million lb (0.68 million kg) in 2011. This alternative
is not consistent with the goals and objectives of the Council's plan
to manage gag to achieve the mandates of the Magnuson-Stevens Act.
Specifically, selection of this alternative would be inconsistent with
current National Standard 1 guidance because this quota would be above
the allowable biological catch (ABC) recommended by the Council's SSC
of 1.17 million lb (0.53 million kg) for 2011. In addition, this
alternative would promote overfishing and slow recovery of the stock.
The second alternative would have set the commercial quota for gag
at 390,000 lb (0.18 million kg), with one option to release the entire
quota on January 1, 2011 and a second option to release 50 percent of
the quota on January 1, 2001 and the remaining 50 percent on July 1,
2011. This quota is based on projected fishing mortality at optimum
yield (FOY) yield streams, 1.01 million lb (0.46 million kg)
for 2011, and is consistent with the methods used by the Council in
Amendment 30B for setting the annual catch target. This harvest level
corresponds with the Council's initial request for an interim rule at
its June 2010 meeting. The commercial quota for gag under this
alternative is less than what the quota would be if based on the SSC's
ABC recommendation (FRebuild
[[Page 74655]]
yield stream) of 1.17 million lb (0.53 million kg). Based on the SSC's
recommendation, selecting this alternative would have a less than 50
percent chance of overfishing by the commercial sector and would
provide a greater than 50 percent chance of rebuilding the stock if
this yield stream is adhered to in future actions. However, recent
discrepancies with the estimation of dead discards could affect how the
assessment projects the status of the stock. If these discrepancies
show a more pessimistic condition of the stock when the assessment is
rerun, then selecting this alternative could result in harvest levels
inconsistent with rebuilding the stock within the time frames outlined
in the Magnuson-Stevens Act. Should these discrepancies result in a
more optimistic condition of the stock, then the commercial quota for
gag could be increased in subsequent actions.
The third alternative is the most conservative and would set the
commercial quota for gag equal to zero. Under this alternative, any
addition to the quota would be initiated through Amendment 32 or some
other rulemaking vehicle. Closure of the commercial sector to gag would
benefit the stock by ending overfishing as well as halt gag fishing
during the primary gag spawning season. However, this alternative would
not allow gag allocation holders to land gag that might be caught
incidentally when fishing for other species. Instead, these fish would
have to be released. Because the commercial sector generally operates
in relatively deep waters, a large proportion of these fish would
likely die from barotrauma (injuries sustained in response to the
sudden pressure change when brought to the surface from depth) and from
handling onboard the vessel. Release mortality has been estimated to be
67 percent on average for commercial discards. This high rate of
discard mortality would contribute to overall mortality, thereby
slowing recovery of the stock and thus is contrary to the Council's
objectives.
Two alternatives, including the status quo, were considered for the
action to suspend the ability of allocation holders to convert red
grouper allocation into multi-use allocation valid toward the harvest
of red grouper or gag. The first alternative, the status quo, would
continue to allow 4 percent of the red grouper allocation to be
converted into multi-use allocation. This alternative is expected to
result in gag harvests that would exceed specified annual catch limits,
promote overfishing, and therefore slow recovery of the stock, contrary
to the Council's objectives. Further, this alternative is also expected
to result in greater adverse economic effects stemming from the
corrective measures that would be implemented to address the over-
harvesting of gag.
The second alternative would allow a smaller percentage (1.6
percent) of red grouper allocation to be converted into multi-use
allocation based on the buffer existing between the commercial annual
catch limit (ACL) and quota for gag. This alternative is consistent
with a gag commercial ACL of 1.76 million lb (0.8 million kg) and a
1.49 million lb (0.68 million kg) commercial quota for gag. Since this
final rule will establish the commercial quota for gag at only 100,000
lb (45,359 kg), the percentage of red grouper allocation that could be
converted to multi-use allocation is too high under this alternative as
it is expected to result in gag harvests that would exceed specified
ACLs, promote overfishing, and therefore slow recovery of the stock,
contrary to the Council's objectives.
Two alternatives, including the status quo, were considered for the
action to set the recreational bag limit at zero. The first
alternative, the status quo, would maintain the recreational catch
target at 2.20 million lb (1 million kg) as defined in Amendment 30B
and thus maintain the current recreational bag limit of two gag within
the four fish aggregate grouper bag limit. Selection of this
alternative would be inconsistent with current National Standard 1
guidance because this level of harvest would be above the ABC
recommended by the Council's SSC of 1.17 million lb (0.53 million kg)
for 2011. In addition, this alternative would promote overfishing and
slow recovery of the stock.
The second alternative would set the gag bag limit to zero on the
date when 620,000 lb (0.28 million kg) of gag is projected to be landed
by the recreational sector in 2011. This harvest level is consistent
with the fishing mortality rate associated with the optimum yield (OY)
used by the Council in Amendment 30B to set the recreational annual
catch target. Under certain assumptions regarding the disposition of
discards, this alternative is expected to result in a fishing season of
83 days. Given the closure of the SWG recreational sector annually from
February 1 to March 31, fishing would be allowed for the month of
January and from April 1 to May 22. However, this fishing season is
dependent on achieving the same percentage reduction in dead discards
as obtained from the harvest. If these levels of reduction are not met,
then harvesting this amount of fish could exceed the reductions needed
for the stock to recover under the rebuilding plan being developed in
Amendment 32 which, in turn, could require deeper cuts in future
harvests than those projected by the current assessment update.
Although, as specified by the Magnuson-Stevens Act, the actions in
this final temporary rule do not need to end overfishing, they do need
to reduce overfishing. This alternative could limit the types of long-
term measures developed by the Council in Amendment 32 that could be
applied to the 2011 fishing year since the 620,000 lb (0.28 million kg)
catch target would likely be achieved before rulemaking from Amendment
32 is implemented. Therefore, the harvest for the rest of the fishing
year could be zero and any long-term measures developed in Amendment 32
would not apply until 2012.
Further, recent discrepancies with the estimation of dead discards
could affect how the assessment projects the status of the stock. If
these discrepancies show a more pessimistic condition of the stock when
the assessment is redone, then selecting this alternative could result
in harvest levels inconsistent with rebuilding the stock within the
time frames outlined in the Magnuson-Stevens Act. This potential
outcome is particularly important for the recreational sector which
harvests a greater proportion of the gag total catch than the
commercial sector. Conversely, should these discrepancies result in a
more optimistic condition of the stock, the recreational catch target
and bag limit could be increased in subsequent actions.
This final temporary rule does not establish any new reporting,
recordkeeping, or other compliance requirements.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: November 24, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, 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.
[[Page 74656]]
Sec. 622.20 [Amended]
0
2. In Sec. 622.20, paragraph (b)(2)(iv)(A) is suspended.
0
3. In Sec. 622.34, paragraph (v) is added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(v) Closure of the recreational sector for gag. The recreational
sector for gag in the Gulf EEZ is closed. During the closure, all
recreational harvest and possession of gag grouper in or from the Gulf
EEZ is prohibited. Such fish caught in the Gulf EEZ must be released
immediately with a minimum of harm.
0
4. In Sec. 622.39, paragraph (b)(1)(ii) is suspended, and paragraph
(b)(1)(viii) is added, to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(viii) Groupers, combined, excluding goliath grouper, Nassau
grouper, and gag--4 per person per day, but not to exceed 1 speckled
hind or 1 warsaw grouper per vessel per day, or 2 red grouper per
person per day. However, no grouper may be retained by the captain or
crew of a vessel operating as a charter vessel or headboat. The bag
limit for such captain and crew is zero.
* * * * *
0
5. In Sec. 622.42, paragraphs (a)(1)(iii)(A)(3) and (a)(1)(iii)(B)(3)
are suspended, and paragraphs (a)(1)(iii)(A)(4) and (a)(1)(iii)(B)(4)
are added, to read as follows:
Sec. 622.42 Quotas.
(a) * * *
(1) * * *
(iii) * * *
(A) * * *
(4) For fishing year 2011 and subsequent fishing years--4.83
million lb (2.19 million kg).
(B) * * *
(4) For fishing year 2011 and subsequent fishing years--100,000 lb
(45,359 kg).
* * * * *
[FR Doc. 2010-30167 Filed 11-30-10; 8:45 am]
BILLING CODE 3510-22-P