[Federal Register Volume 76, Number 82 (Thursday, April 28, 2011)]
[Rules and Regulations]
[Pages 23728-23731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10326]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101124579-1236-02]
RIN 0648-BA51
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Red Snapper
Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement a regulatory
amendment (Regulatory Amendment 10) to the Fishery Management Plan for
the Snapper-Grouper Fishery of the South Atlantic Region (FMP), as
prepared by the South Atlantic Fishery Management Council (Council).
This final rule removes the snapper-grouper area closure implemented
through Amendment 17A to the FMP. The intended effect of this final
rule is to minimize socio-economic impacts to snapper-grouper
fishermen, without subjecting the red snapper resource to overfishing.
DATES: This final rule is effective May 31, 2011.
ADDRESSES: Copies of the regulatory amendment, which includes an
environmental assessment and a regulatory impact review, may be
obtained from the South Atlantic Fishery Management Council, 4055 Faber
Place Drive, Suite 201, North Charleston, SC 29405; telephone 843-571-
4366; fax 843-769-4520; e-mail [email protected]; or may be downloaded
from the Council's Web site at http://www.safmc.net/.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 727-824-5305.
[[Page 23729]]
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic is managed under the FMP. The FMP was prepared by the Council
and is implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
On February 18, 2011, NMFS published a proposed rule in the Federal
Register for Regulatory Amendment 10 and requested public comment (76
FR 9530). The proposed rule and Regulatory Amendment 10 explained the
rationale for the action contained in this final rule. A summary of the
rationale and the action implemented by this final rule is provided
below.
In the South Atlantic, the red snapper stock is currently
overfished and undergoing overfishing. The stock status was determined
through a Southeast Data Assessment and Review (SEDAR) benchmark stock
assessment for red snapper, SEDAR 15, which was completed in February
2008. Based on this stock assessment, Amendment 17A to the FMP was
developed to end the overfishing of red snapper and rebuild the stock.
The final rule to implement Amendment 17A was published in the Federal
Register on December 9, 2010 (75 FR 76874). The final rule to implement
Amendment 17A included an area closure for South Atlantic snapper-
grouper of 4,827 square miles (7,768 square km), consisting of the area
encompassed by commercial logbook grids (cells) 2880, 2980, and 3080
for depths from 98 ft (30 m) to 240 ft (73 m), in order to minimize the
bycatch of red snapper. Harvest and possession of snapper-grouper
species would be prohibited in this area which is off the coasts of
southern Georgia and northeast Florida, except when fishing with black
sea bass pot gear or spearfishing gear for species other than red
snapper.
Through the SEDAR 24 benchmark stock assessment, updated
information on the status of the red snapper stock became available in
late October 2010. The SEDAR 24 assessment determined, similar to the
SEDAR 15 benchmark, that the red snapper stock is overfished and
undergoing overfishing. However, the rate of overfishing found in SEDAR
24 is less than the rate of overfishing found in the previous SEDAR 15
stock assessment.
Given the information in the new stock assessment, an emergency
rule to delay the effective date of the snapper-grouper area closure
was published on December 9, 2010 (75 FR 76890). The emergency rule
delayed the effective date of the area closure from January 3, 2011,
until June 1, 2011, with a possible 186-day extension, unless
superseded by subsequent rulemaking. The delayed effective date
provided the Council time to respond to the new scientific information
from the SEDAR 24 benchmark stock assessment.
When recent reductions in fishing effort are considered, the red
snapper moratorium, implemented through Amendment 17A to the FMP, is
projected to end overfishing and rebuild the stock without the
additional implementation of the snapper-grouper area closure.
Therefore, the proposed action in Regulatory Amendment 10 to remove the
snapper-grouper area closure approved in Amendment 17A to the FMP seeks
to prevent significant direct economic loss to snapper-grouper
fishermen without subjecting the red snapper resource to overfishing.
Comments and Responses
During the comment period on the proposed rule and Regulatory
Amendment 10, NMFS received 21 submissions from individuals and fishing
associations on the proposed rule. NMFS received 17 comments that
expressed general support of the action in Regulatory Amendment 10. The
additional four comments are not addressed in this final rule because
they addressed issues outside the scope of the action contained in the
proposed rule and Regulatory Amendment 10. Specifically, they asserted
that red snapper release mortality estimates, overall abundance, data
sources, and recreational bag limits should be considered by the
Council.
Classification
The NMFS Regional Administrator, Southeast Region, has determined
that Regulatory Amendment 10 is necessary for the management of South
Atlantic snapper-grouper and is consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 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. The FRFA follows.
No public comments specific to the IRFA or concerning the economic
impacts of the rule more generally were received and therefore no
comments are addressed in this FRFA. No changes in the final rule were
made in response to public comments.
NMFS agrees that the Council's choice of preferred alternative
would best achieve the Council's objectives while minimizing, to the
extent practicable, the adverse effects on fishers, support industries,
and associated communities. The preamble to the final rule provides a
statement and need for and objectives of this rule, and it is not
repeated here.
The Magnuson-Stevens Act provides the statutory basis for the final
rule. No duplicative, overlapping, or conflicting Federal rules have
been identified. The final rule would not establish any new reporting,
record-keeping, or other compliance requirements.
This final rule is expected to directly affect commercial
harvesting and for-hire fishing operations. The Small Business
Administration has established size criteria for all major industry
sectors in the U.S. including fish harvesters and for-hire operations.
A business involved in fish harvesting is classified as a small
business if it is independently owned and operated, is not dominant in
its field of operation (including its affiliates), and has combined
annual receipts not in excess of $4.0 million (NAICS code 114111,
finfish fishing) for all its affiliated operations worldwide. For for-
hire vessels, the other qualifiers apply and the annual receipts
threshold is $7.0 million (NAICS code 713990, recreational industries).
From 2007-2009, an average of 895 vessels-per-year had valid
permits to operate in the commercial snapper-grouper fishery. Of these
vessels, 751 held transferable permits and 144 held non-transferable
permits. On average, 797 vessels landed snapper-grouper species,
generating dockside revenues of approximately $14.514 million (2008
dollars). Each vessel, therefore, generated an average of approximately
$18,000 annually in gross revenues from snapper-grouper. Gross dockside
revenues by state are distributed as follows: $4.054 million in North
Carolina, $2.563 million in South Carolina, $1.738 million in Georgia/
Northeast Florida, $3.461 million in central and southeast Florida, and
$2.695 million in the Florida Keys. Vessels that operate in the
snapper-grouper fishery may also operate in other fisheries; the
revenues of which cannot be determined with available data and are not
reflected in these totals.
Based on revenue information, all commercial vessels affected by
the final rule can be considered small entities.
From 2007-2009, an average of 1,797 vessels had valid permits to
operate in
[[Page 23730]]
the snapper-grouper for-hire sector, of which 82 are estimated to have
operated as headboats. The for-hire fleet is comprised of charterboats,
which charge a fee on a vessel basis, and headboats, which charge a fee
on an individual angler (head) basis. The charterboat annual average
gross revenue is estimated to range from approximately $62,000-$84,000
for Florida vessels, $73,000-$89,000 for North Carolina vessels,
$68,000-$83,000 for Georgia vessels, and $32,000-$39,000 for South
Carolina vessels. For headboats, the corresponding estimates are
$170,000-$362,000 for Florida vessels, and $149,000-$317,000 for
vessels in the other states.
Based on these average revenue figures, all for-hire operations
that would be affected by the final rule can be considered small
entities.
Some fleet activity, i.e., multiple vessels owned by a single
entity, may exist in both the commercial and for-hire snapper-grouper
sectors but its extent is unknown, and all vessels are treated as
independent entities in this analysis.
The final rule is expected to directly affect all Federally
permitted commercial vessels that operate in the South Atlantic
snapper-grouper fishery as well as for-hire vessels operating out of
northeast Florida and Georgia. All directly affected entities have been
determined, for the purpose of this analysis, to be small entities.
Therefore, it is determined that the final rule will affect a
substantial number of small entities.
Because all entities that are expected to be affected by the final
rule are considered small entities, the issue of disproportional
effects on small versus large entities does not arise in the present
case.
The economic analysis for the final rule estimated the changes in
net operating revenues to commercial and for-hire vessels. These
changes were estimated assuming the area closure provision of Amendment
17A commenced on June 1, 2011, which differs from the proposed rule
which assumed a January 1, 2011, implementation of the area closure.
For the current analysis, net operating revenue is equated to profit.
The final rule to eliminate the area closure that was implemented
in Amendment 17A is estimated to have a non-uniform change in the
short-term profits of commercial vessels operating in the South
Atlantic snapper-grouper fishery. Annual profits would increase
approximately by $261,000 for vessels in northeast Florida and Georgia
and by $84,000 for vessels in southeast Florida. Conversely, annual
profits would decrease by approximately $187,000 for vessels in North
Carolina, by $99,000 in South Carolina, and by $2,000 for vessels in
the Florida Keys. The net effect of the action on commercial vessels as
a whole would be an average increase in annual profits of approximately
$57,000. Vessels fishing with vertical-line gear are most affected by
the action.
The differential effects of the final rule on commercial vessels in
various geographic areas in the South Atlantic are mainly determined by
the manner in which quotas for certain snapper-grouper species, such as
gag, red grouper, black grouper, and vermilion snapper, would be met.
Although the rule would open up very specific areas off the coasts of
Georgia and northeast Florida, commercial vessels operating in other
areas would also be affected by possible quota closures of some
snapper-grouper species as their quotas are reached. Eliminating the
area closure from Amendment 17A would allow commercial vessels from
southeast Florida, northeast Florida, and Georgia to harvest more
snapper-grouper species, such as vermilion snapper, gag, and red
grouper, and this would tend to increase their profits. Such a harvest
increase, however, would lead to reaching certain snapper-grouper
quotas earlier in the fishing year, resulting in lower harvest by
vessels in North Carolina, South Carolina, and the Florida Keys. These
vessels would then experience reductions in their profits. The more
restrictive quotas are those in place for vermilion snapper and gag.
The quota for gag is especially critical, because it also serves as a
trigger mechanism for closing the harvest of all shallow-water grouper
when its quota is reached.
For-hire vessels operating in northeast Florida and Georgia are
expected to be the only for-hire vessels affected by the final rule.
This is based on the extent of for-hire vessel fishing activities in
the subject three statistical areas implemented for closure under
Amendment 17A. As a result of the action, annual profits are expected
to increase by $227,000 for charterboats and $815,000 for headboats.
Eleven alternatives, including the preferred alternative
implemented through this final rule, were considered for alternatives
to the area closure of Amendment 17A. The first alternative is the no
action alternative. The no action alternative would retain the area
closure of Amendment 17A. Among the alternatives, this would result in
the largest negative economic effects on small entities.
The second alternative is a May-October closure of cells 2880 and
2980 in depths from 98 ft (30 m) to 240 ft (73 m). This alternative
would result in lower profit increases for both the commercial and for-
hire vessels than the action in this final rule.
The third alternative is a May-August closure of cells 2880, 2980,
and 3080 in depths from 98 ft (30 m) to 240 ft (73 m). This alternative
would result in a lower profit increase to the for-hire vessels and a
slightly higher profit increase to commercial vessels. The overall net
effect of this alternative would be a lower profit increase than that
implemented through this action.
The fourth alternative is a July-December closure of cells 2880,
2980, and 3080 in depths from 98 ft (30 m) to 240 ft (73 m). This
alternative would result in lower profit increases to the for-hire and
commercial vessels.
The fifth alternative for Regulatory Amendment 10 is a May-December
closure of cells 2880, 2980, and 3080 in depths from 98 ft (30 m) to
240 ft (73 m). This alternative would result in lower profit increases
to the for-hire and commercial vessels.
The sixth alternative is a May-December closure of cells 2880,
2980, and 3080 in depths from 66 ft (20 m) to 240 ft (73 m) for the
first year and a May-October closure of cells 2880 and 2980 in depths
from 98 ft (30 m) to 240 ft (73 m) for the second and consecutive
years. This alternative would result in lower profit increases to the
for-hire and commercial vessels.
The seventh alternative is a May-October closure of cells 2880 and
2980 in depths from 98 ft (30 m) to 240 ft (73 m) for the first year
and a June-July closure of cell 2980 in depths from 98 ft (30 m) to 240
ft (73 m) for the second and consecutive years. This alternative would
result in lower profit increases to the for-hire and commercial
vessels.
The eighth alternative is a May-October closure of cells 2880 and
2980 in depths from 98 ft (30 m) to 240 ft (73 m) for the first year
and a July closure of cells 2880 and 2980 in depths from 98 ft (30 m)
to 240 ft (73 m) for the second and consecutive years. This alternative
would result in lower profit increases to the for-hire and commercial
vessels.
The ninth alternative is a July-December closure of cells 2880,
2980, and 3080 in depths from 98 ft (30 m) to 240 ft (73 m) for the
first year and a January-April closure of cells 2880 and 2980 in depths
from 98 ft (30 m) to 240 ft (73 m) for the second and consecutive
years. This alternative would result in lower profit increases to the
for-hire and commercial vessels.
[[Page 23731]]
The tenth alternative is a May-December closure of cells 2880,
2980, and 3080 in depths from 98 ft (30 m) to 240 ft (73 m) for the
first year and a January-April closure of cells 2880 and 2980 in depths
from 98 ft (30 m) to 240 ft (73 m) for the second and consecutive
years. This alternative would result in lower profit increases to the
for-hire and commercial vessels.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as small entity compliance
guides. As part of the rulemaking process, NMFS prepared a fishery
bulletin, which also serves as a small entity compliance guide. The
fishery bulletin will be sent to all vessel permit holders for the
South Atlantic snapper-grouper fishery as well as other interested
parties.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 25, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is 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.
Sec. 622.35 [Amended]
0
2. In Sec. 622.35, the suspension on paragraph (l) is lifted and
paragraph (l) is removed and reserved.
[FR Doc. 2011-10326 Filed 4-27-11; 8:45 am]
BILLING CODE 3510-22-P