80 FR 63190 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial Quota Retention
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 201 (October 19, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 201 (October 19, 2015)
| Page Range | 63190-63192 | |
| FR Document | 2015-26471 |
[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)] [Proposed Rules] [Pages 63190-63192] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-26471] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 150826781-5781-01] RIN 0648-BF33 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2016 Red Snapper Commercial Quota Retention AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this proposed rule would withhold 4.9 percent of the 2016 red snapper commercial quota prior to the annual distribution of red snapper allocation to red snapper Individual Fishing Quota Program (IFQ) shareholders on January 1, 2016. The purpose of this proposed rule is to allow the allocations being established through Amendment 28 to the FMP [[Page 63191]] (Amendment 28) to be effective for the 2016 fishing year. DATES: Written comments must be received by November 3, 2015. ADDRESSES: You may submit comments on the proposed rule, identified by ``NOAA-NMFS-2015-0121'' by any of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0121, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Richard Malinowski, NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Electronic copies of the framework action, which includes an environmental assessment, a regulatory impact review, and a Regulatory Flexibility Act (RFA) analysis, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html. FOR FURTHER INFORMATION CONTACT: Richard Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]. SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under the FMP. The FMP was prepared by the Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act). Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to achieve on a continuing basis the optimum yield from federally managed fish stocks. This mandate is intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. In recent years, the Council has expressed its intent to evaluate and possibly adjust the allocation of reef fish resources between the commercial and recreational sectors. At its August 2015 meeting, the Council approved Amendment 28 for submission to the Secretary of Commerce (Secretary) for review and implementation. Amendment 28 would reallocate 352,000 lb (159,665 kg), round weight, 317,117 lb (143,842 kg), gutted weight of red snapper from the commercial sector to the recreational sector. This is equal to 4.9 percent of the current red snapper commercial quota. This proposed rule would allow for the implementation of Amendment 28 in early 2016. While the recreational fishing season does not open until June 1 each year, NMFS distributes IFQ allocation to the shareholders on January 1 each year. After NMFS distributes the red snapper commercial quota to shareholders, it cannot be effectively recalled. If Amendment 28 is approved, it is unlikely that NMFS would be able to implement the reallocation until after the IFQ program's annual distribution of red snapper quota to the commercial sector on January 1, 2016. Therefore, without the management measures in this proposed rule, the reallocation could not occur until 2017. Management Measures Contained in This Proposed Rule This proposed rule would withhold distribution of 4.9 percent of the 2016 red snapper commercial quota (352,000 lb (159,665 kg), round weight; 317,117 lb (143,842 kg), gutted weight) when allocation to the red snapper IFQ shareholders is released on January 1, 2016. If NMFS does not implement Amendment 28, NMFS would distribute the withheld 4.9 percent of the 2016 IFQ allocation of red snapper to shareholders based on the shares held as of the date of distribution. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the framework amendment, the FMP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows: The purpose of this proposed rule is to withhold 4.9 percent of the Gulf commercial red snapper quota (352,000 lb (159,665 kg), round weight; 317,117 lb (143,842 kg), gutted weight) to ensure that the allocations established through Amendment 28, and scheduled to be implemented in 2016, if approved by the Secretary, are effective for the 2016 fishing year. The Magnuson-Stevens Act provides the statutory basis for this proposed rule. NMFS expects this proposed rule, if implemented, to directly affect commercial vessels that harvest red snapper in the Gulf. Based on commercial logbook data, over the period of 2009-2013, an average of 353 vessels per year recorded commercial red snapper harvests. The maximum number of vessels with recorded commercial red snapper harvests during this period was 375 in 2010. However, in 2010, 384 vessels were identified in the red snapper IFQ on-line account program, which tracks activity in the Red Snapper Limited Access Privilege Program. This system, however, is not the official record for trip harvests of all species by vessels with commercial harvests of red snapper, nor does it capture all landings, or associated revenues, from all species harvested on all trips by vessels that also harvest red snapper. Therefore, data from both sources are used for this analysis to estimate the number of potentially affected entities. As a result, this proposed rule would be expected to apply to 353-384 commercial fishing vessels. The average annual gross revenue from all species harvested on all trips by the vessels identified with recorded red snapper harvests in logbook data over the period 2009-2013 (353 vessels) was approximately $110,000 (2013 dollars). NMFS has not identified any other entities that would be expected to be directly affected by this proposed rule. The Small Business Administration 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 [[Page 63192]] field of operation (including its affiliates), and has combined annual receipts not in excess of $20.5 million (NAICS code 114111, finfish fishing) for all its affiliated operations worldwide. All commercial fishing vessels expected to be directly affected by this proposed rule are determined to be small business entities. This proposed rule would withhold from distribution 4.9 percent or 352,000 lb (159,665 kg), round weight; 317,117 lb (143,842 kg), gutted weight, of the 2016 Gulf red snapper commercial quota, valued at approximately $1.46 million ($4.75 median ex-vessel price per lb gutted weight, minus the 3-percent IFQ program cost recovery fee, all vessels; 2013 dollars). This is equivalent to the amount of red snapper quota proposed to be reallocated from the commercial sector to the recreational sector in proposed Amendment 28. Across all vessels (353- 384 vessels), this amount of quota would be equivalent to an average of approximately 826-898 lb (375-407 kg), gutted weight, of red snapper per vessel, valued at approximately $3,800-$4,100. Thus, the proposed quota withholding in this framework action would result in a reduction in ex-vessel revenue in 2016 to the entities in this fishery; however, this reduction is consistent with the analysis and expected economic effects of Amendment 28, which projects a reduction in red snapper commercial quota, and associated economic benefits to commercial fishermen, beginning in 2016. The reallocation would, however, be expected to result in an increase in economic benefits to the recreational sector. If approved by the Secretary, final rulemaking to implement the allocation change proposed by Amendment 28 cannot occur until after January 1, 2016, whereas distribution of the commercial quota to IFQ shareholders occurs at the start of each fishing year to allow vessels to begin harvesting red snapper on January 1. After the annual red snapper quota is distributed to shareholders, it cannot be effectively recalled. Thus, to ensure the effects of Amendment 28 are realized in 2016, NMFS is withholding from distribution the commensurate amount of quota equivalent to the amount reallocated in Amendment 28 for the 2016 fishing season. If NMFS implements the proposed rulemaking and the reallocation in Amendment 28, then the effects of the reduced commercial quota, including this proposed withholding, will be attributable to and analyzed with Amendment 28's rulemaking. If NMFS does not implement the proposed reallocation in Amendment 28, then the portion of the quota withheld through this framework action will be distributed as soon as possible to the appropriate shareholders. Because this allocation would be available later in the fishing year, a reduction in normal total revenue (disruption of the timing of harvest may reduce the price and total revenue received), alteration of the flow of receipts, and disruption of normal business operation may occur. However, these effects would be expected to be minor because only a small portion of the available quota (4.9 percent) would be affected for only a portion of the year. Based on the discussion above, NMFS determines that this proposed rule, if implemented, would not have a significant adverse economic effect on a substantial number of small entities. List of Subjects in 50 CFR Part 622 Commercial, Fisheries, Fishing, Gulf of Mexico, Recreational, Red snapper, Reef fish. Dated: October 14, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows: PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, 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. 622.39, add paragraphs (a)(1)(i)(B) (1) and (2) to read as follows: Sec. 622.39 Quotas. * * * * * (a) * * * (1) * * * (i) * * * (B) * * * (1) NMFS will withhold distribution of 4.9 percent of the 2016 IFQ allocation of red snapper commercial quota on January 1, 2016, totaling 352,000 lb (159,665 kg), round weight, of the 2016 red snapper commercial quota specified in Sec. 622.39(a)(1)(i)(B). (2) As determined by NMFS, remaining 2016 IFQ allocation of red snapper will be distributed to the current shareholders based on their current shares held as of the date of distribution. * * * * * [FR Doc. 2015-26471 Filed 10-16-15; 8:45 am] BILLING CODE 3510-22-P
![63190 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules
MVEB. Instead, we are reviewing the compliance with the budget adequacy be submitted during the comment
adequacy of the MVEB simultaneously criteria of 40 CFR 93.118(e) are provided period stated in the DATES section of this
with our review of the 2013 in a memo to file for this proposed document.
Maintenance Plan itself. See 40 CFR rulemaking. Memo from John J. Kelly, If today’s proposed action is finalized,
93.118(f)(2). In order to determine Air Planning Office, EPA Region 9, to
the 2015 MVEB, which is already
whether this MVEB is adequate and Docket EPA–R09–OAR–2015–0645,
approved for 2015 and later years,
approvable, we have evaluated whether dated September 29, 2015. Based on this
the MVEB meets the conformity evaluation, we propose to find the 2025 would apply only up to the year 2024.
adequacy provisions of 40 CFR MVEB adequate and to approve it. Any For the year 2025 and later years, the
93.118(e)(4) and (5). The details of the and all comments on the adequacy and budget will be 559.4 mtpd. See Table 4.
EPA’s evaluation of the MVEB for approvability of the 2025 MVEB should
TABLE 4—APPROVED AND PROPOSED TRANSPORTATION CONFORMITY MOTOR VEHICLE EMISSIONS BUDGETS FOR THE
PHOENIX CO MAINTENANCE AREA, IN METRIC TONS PER DAY (MTPD)
Approved Approved Proposed
Year 2006 2015 2025
CO MVEB .................................................................................................................................... 699.7 662.9 559.4
III. Proposed Action affect small governments, as described Dated: September 30, 2015.
The EPA is proposing to approve the in the Unfunded Mandates Reform Act Jared Blumenfeld,
2013 Maintenance Plan submitted on of 1995 (Pub. L. 104–4); Regional Administrator, Region 9.
April 3, 2012. This maintenance plan • Does not have federalism [FR Doc. 2015–26405 Filed 10–16–15; 8:45 am]
meets the applicable CAA requirements implications as specified in Executive BILLING CODE 6560–50–P
and the EPA has determined it is Order 13132 (64 FR 43255, August 10,
sufficient to provide for maintenance of 1999);
the CO NAAQS over the course of the • Is not an economically significant
regulatory action based on health or DEPARTMENT OF COMMERCE
second 10-year maintenance period out
to 2025. safety risks subject to Executive Order
National Oceanic and Atmospheric
The EPA is also proposing to find 13045 (62 FR 19885, April 23, 1997);
Administration
adequate and approve the CO MVEB of • Is not a significant regulatory action
559.4 mtpd for use in the year 2025 and subject to Executive Order 13211 (66 FR
50 CFR Part 622
later years. 28355, May 22, 2001);
• Is not subject to requirements of [Docket No. 150826781–5781–01]
IV. Statutory and Executive Orders Section 12(d) of the National
Review Technology Transfer and Advancement RIN 0648–BF33
Under the CAA, the Administrator is Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would Fisheries of the Caribbean, Gulf of
required to approve a SIP submission Mexico, and South Atlantic; Reef Fish
that complies with the provisions of the be inconsistent with the Clean Air Act;
and Fishery of the Gulf of Mexico; 2016
Act and applicable federal regulations. Red Snapper Commercial Quota
42 U.S.C. 7410(k); 40 CFR 52.02(a). • Does not provide the EPA with the
discretionary authority to address, as Retention
Thus, in reviewing SIP submissions, the
EPA’s role is to approve State choices, appropriate, disproportionate human AGENCY: National Marine Fisheries
provided that they meet the criteria of health or environmental effects, using Service (NMFS), National Oceanic and
the CAA. Accordingly, this action practicable and legally permissible Atmospheric Administration (NOAA),
merely proposes to approve State law as methods, under Executive Order 12898 Commerce.
meeting federal requirements and does (59 FR 7629, February 16, 1994). ACTION: Proposed rule; request for
not impose additional requirements In addition, the SIP is not approved comments.
beyond those imposed by State law. For to apply on any Indian reservation land
that reason, this action: or in any other area where the EPA or SUMMARY: NMFS proposes to implement
• Is not a ‘‘significant regulatory an Indian tribe has demonstrated that a management measures described in a
action’’ subject to review by the Office tribe has jurisdiction. In those areas of framework action to the Fishery
of Management and Budget under Indian country, the rule does not have Management Plan for the Reef Fish
Executive Order 12866 (58 FR 51735, tribal implications and will not impose Resources of the Gulf of Mexico (FMP),
October 4, 1993); substantial direct costs on tribal as prepared by the Gulf of Mexico
• Does not impose an information governments or preempt tribal law as Fishery Management Council (Council).
collection burden under the provisions specified by Executive Order 13175 (65 If implemented, this proposed rule
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
of the Paperwork Reduction Act (44 FR 67249, November 9, 2000). would withhold 4.9 percent of the 2016
U.S.C. 3501 et seq.); List of Subjects in 40 CFR Part 52 red snapper commercial quota prior to
• Is certified as not having a the annual distribution of red snapper
significant economic impact on a Environmental protection, Air allocation to red snapper Individual
substantial number of small entities pollution control, Carbon monoxide, Fishing Quota Program (IFQ)
under the Regulatory Flexibility Act (5 Incorporation by reference, shareholders on January 1, 2016. The
U.S.C. 601 et seq.); Intergovernmental relations, Reporting purpose of this proposed rule is to allow
• Does not contain any unfunded and recordkeeping requirements. the allocations being established
mandate or significantly or uniquely Authority: 42 U.S.C. 7401 et seq. through Amendment 28 to the FMP
VerDate Sep<11>2014 17:25 Oct 16, 2015 Jkt 238001 PO 00000 Frm 00059 Fmt 4702 Sfmt 4702 E:\FR\FM\19OCP1.SGM 19OCP1](https://thefederalregister.org/doc/80_FR_63391/page/1.svg)
![63192 Federal Register / Vol. 80, No. 201 / Monday, October 19, 2015 / Proposed Rules
field of operation (including its January 1, 2016, whereas distribution of List of Subjects in 50 CFR Part 622
affiliates), and has combined annual the commercial quota to IFQ Commercial, Fisheries, Fishing, Gulf
receipts not in excess of $20.5 million shareholders occurs at the start of each of Mexico, Recreational, Red snapper,
(NAICS code 114111, finfish fishing) for fishing year to allow vessels to begin Reef fish.
all its affiliated operations worldwide. harvesting red snapper on January 1.
All commercial fishing vessels expected Dated: October 14, 2015.
After the annual red snapper quota is
to be directly affected by this proposed Samuel D. Rauch III,
distributed to shareholders, it cannot be
rule are determined to be small business effectively recalled. Thus, to ensure the Deputy Assistant Administrator for
entities. Regulatory Programs, National Marine
effects of Amendment 28 are realized in Fisheries Service.
This proposed rule would withhold 2016, NMFS is withholding from
from distribution 4.9 percent or 352,000 distribution the commensurate amount For the reasons set out in the
lb (159,665 kg), round weight; 317,117 of quota equivalent to the amount preamble, 50 CFR part 622 is proposed
lb (143,842 kg), gutted weight, of the to be amended as follows:
reallocated in Amendment 28 for the
2016 Gulf red snapper commercial 2016 fishing season. If NMFS PART 622—FISHERIES OF THE
quota, valued at approximately $1.46 implements the proposed rulemaking CARIBBEAN, GULF OF MEXICO, AND
million ($4.75 median ex-vessel price and the reallocation in Amendment 28, SOUTH ATLANTIC
per lb gutted weight, minus the 3- then the effects of the reduced
percent IFQ program cost recovery fee, commercial quota, including this ■ 1. The authority citation for part 622
all vessels; 2013 dollars). This is proposed withholding, will be continues to read as follows:
equivalent to the amount of red snapper attributable to and analyzed with Authority: 16 U.S.C. 1801 et seq.
quota proposed to be reallocated from Amendment 28’s rulemaking. If NMFS
the commercial sector to the ■ 2. In § 622.39, add paragraphs
does not implement the proposed
recreational sector in proposed (a)(1)(i)(B) (1) and (2) to read as follows:
reallocation in Amendment 28, then the
Amendment 28. Across all vessels (353–
portion of the quota withheld through § 622.39 Quotas.
384 vessels), this amount of quota
would be equivalent to an average of this framework action will be * * * * *
approximately 826–898 lb (375–407 kg), distributed as soon as possible to the (a) * * *
gutted weight, of red snapper per vessel, appropriate shareholders. Because this (1) * * *
valued at approximately $3,800-$4,100. allocation would be available later in (i) * * *
Thus, the proposed quota withholding the fishing year, a reduction in normal (B) * * *
in this framework action would result in total revenue (disruption of the timing (1) NMFS will withhold distribution
a reduction in ex-vessel revenue in 2016 of harvest may reduce the price and of 4.9 percent of the 2016 IFQ allocation
to the entities in this fishery; however, total revenue received), alteration of the of red snapper commercial quota on
this reduction is consistent with the flow of receipts, and disruption of January 1, 2016, totaling 352,000 lb
analysis and expected economic effects normal business operation may occur. (159,665 kg), round weight, of the 2016
of Amendment 28, which projects a However, these effects would be red snapper commercial quota specified
reduction in red snapper commercial expected to be minor because only a in § 622.39(a)(1)(i)(B).
quota, and associated economic benefits small portion of the available quota (4.9 (2) As determined by NMFS,
to commercial fishermen, beginning in percent) would be affected for only a remaining 2016 IFQ allocation of red
2016. The reallocation would, however, portion of the year. snapper will be distributed to the
be expected to result in an increase in current shareholders based on their
Based on the discussion above, NMFS current shares held as of the date of
economic benefits to the recreational
determines that this proposed rule, if distribution.
sector. If approved by the Secretary,
final rulemaking to implement the implemented, would not have a * * * * *
allocation change proposed by significant adverse economic effect on a [FR Doc. 2015–26471 Filed 10–16–15; 8:45 am]
Amendment 28 cannot occur until after substantial number of small entities. BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 17:25 Oct 16, 2015 Jkt 238001 PO 00000 Frm 00061 Fmt 4702 Sfmt 9990 E:\FR\FM\19OCP1.SGM 19OCP1](https://thefederalregister.org/doc/80_FR_63391/page/3.svg)
Document Created: 2015-12-15 08:36:16
Document Modified: 2015-12-15 08:36:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Written comments must be received by November 3, 2015. | |
| Contact | Richard Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 63190 | |
| RIN Number | 0648-BF33 | |
| CFR Associated | Commercial; Fisheries; Fishing; Gulf of Mexico; Recreational; Red Snapper and Reef Fish |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR