81_FR_4025 81 FR 4010 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Amendment 28

81 FR 4010 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures; Amendment 28

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 15 (January 25, 2016)

Page Range4010-4015
FR Document2016-01279

NMFS proposes to implement management measures described in Amendment 28 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) (Amendment 28). If approved and implemented by the Secretary of Commerce (Secretary), Amendment 28 would revise the Gulf of Mexico (Gulf) red snapper commercial and recreational sector allocations of the stock annual catch limits (ACLs). As a result of the revised sector allocations proposed in Amendment 28, this proposed rule would revise the red snapper commercial and recreational quotas (which are equivalent to the ACLs) and the recreational annual catch targets (ACTs). This proposed rule would also set the Federal charter vessel/headboat and private angling component quotas and ACTs based on the revised recreational sector's ACL and ACT. The purpose of this proposed rule and Amendment 28 is to reallocate the Gulf red snapper harvest consistent with the 2014 red snapper assessment update while ensuring the allowable catch and recovery benefits from the rebuilding red snapper stock are fairly and equitably allocated between the commercial and recreational sectors.

Federal Register, Volume 81 Issue 15 (Monday, January 25, 2016) 
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)]
[Proposed Rules]
[Pages 4010-4015]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01279]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130919819-5999-01]
RIN 0648-BD68


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures; Amendment 28

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to implement management measures described in 
Amendment 28 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) (Amendment 28). If approved and 
implemented by the Secretary of Commerce (Secretary), Amendment 28 
would revise the Gulf of Mexico (Gulf) red snapper commercial and 
recreational sector allocations of the stock annual catch limits 
(ACLs). As a result of the revised sector allocations proposed in 
Amendment 28, this proposed rule would revise the red snapper 
commercial and recreational quotas (which are equivalent to the ACLs) 
and the recreational annual catch targets (ACTs). This proposed rule 
would also set the Federal charter vessel/headboat and private angling 
component quotas and ACTs based on the revised recreational sector's 
ACL and ACT. The purpose of this proposed rule and Amendment 28 is to 
reallocate the Gulf red snapper harvest consistent with the 2014 red 
snapper assessment update while ensuring the allowable catch and 
recovery benefits from the rebuilding red snapper stock are fairly and 
equitably allocated between the commercial and recreational sectors.

DATES: Written comments must be received on or before March 10, 2016.

ADDRESSES: You may submit comments on the amendment identified by 
``NOAA-NMFS-2013-0146'' by either 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-2013-0146, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Peter Hood, Southeast 
Regional Office, NMFS, 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

[[Page 4011]]

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 Amendment 28, which includes an environmental 
impact statement, a fishery impact statement, a Regulatory Flexibility 
Act (RFA) analysis, and a regulatory impact review, may be obtained 
from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/am28/index.html.

FOR FURTHER INFORMATION CONTACT: Peter Hood, Southeast Regional Office, 
NMFS, telephone: 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The Council prepared the FMP and NMFS 
implements the FMP through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Act.

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, optimum yield from federally managed fish stocks. The Magnuson-
Stevens Act requires that in allocating fishing privileges among 
fishermen, such allocation shall be fair and equitable to all such 
fishermen, reasonably calculated to promote conservation, and carried 
out in such a manner that no particular individual, corporation, or 
other entity acquires an excessive share of such privileges. For stocks 
like red snapper, which are subject to a rebuilding plan, the Magnuson-
Stevens Act also requires that harvest restrictions and recovery 
benefits be allocated fairly and equitably among the fishing sectors. 
These mandates are intended to ensure 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. The purpose of Amendment 28 is to 
reallocate red snapper harvest from the commercial sector to the 
recreational sector, consistent with the 2014 red snapper update 
assessment, to ensure that the allowable catch and recovery benefits 
from a rebuilding stock are fairly and equitably allocated between the 
sectors. The current commercial allocation would be reduced from 51 
percent to 48.5 percent of the stock ACL and the recreational 
allocation would be increased from 49 percent to 51.5 percent of the 
stock ACL. This shift in allocation is based on the increase in the 
total allowable harvest attributable to the calibration of Marine 
Recreational Information Program (MRIP) catch estimates that were used 
in a 2014 update assessment. This proposed rule would implement the 
shift in allocation by modifying the commercial and recreational quotas 
as well as recreational component quotas consistent with the revised 
red snapper allocation. This proposed rule would also revise the 
applicable ACTs. All weights described in this proposed rule are in 
round (whole) weight.

Red Snapper Management

    The Gulf red snapper stock is currently overfished and is under a 
rebuilding plan projected to end in 2032. Consistent with the 
rebuilding plan, both the commercial and recreational quotas have been 
allowed to increase as the red snapper stock has recovered. The red 
snapper commercial and recreational ACLs are equal to the applicable 
quotas.
    The recreational sector, which has experienced red snapper quota 
overages and more recently, shorter red snapper seasons, is managed 
through a variety of measures including separate Federal charter 
vessel/headboat and private angling component quotas and ACTs, 
recreational bag and size limits, and closed seasons. Since 2014, the 
recreational season length is projected each year based on the 
applicable ACTs, which are set 20 percent less than the applicable 
quotas. In addition, an overage adjustment is required if the total 
recreational quota is exceeded and red snapper are overfished. The red 
snapper commercial sector has been managed under an individual fishing 
quota (IFQ) program since 2007 (71 FR 67447, November 22, 2006). 
Although the commercial sector has also experienced quota overages in 
the past, since the beginning of the IFQ program, the commercial sector 
has not exceeded its quota.
    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. The Council has discussed NOAA's 
Catch Share Policy as well as its own allocation policy, and consistent 
with those policies, has considered changes to sector allocations for 
red snapper and several grouper species. Amendment 28 and this proposed 
rule specifically address red snapper allocation between the commercial 
and recreational sectors.

Red Snapper Assessments

    In 2013, the Southeast Data, Assessment, and Review 31 Gulf red 
snapper benchmark assessment was conducted and was then reviewed by the 
Council's Scientific and Statistical Committee (SSC). Based on their 
review, the SSC made recommendations for a revised red snapper 
acceptable biological catch (ABC) and overfishing limit (OFL). In 2014, 
a red snapper update assessment (2014 update assessment) was conducted. 
This assessment included more recent data and incorporated two changes 
to the recreational landings information: (1) Calibrated historical 
landings; and (2) new age (size) selectivity information for fishing 
years 2011-2013 for all recreational fleets. The calibrated historical 
landings resulted from important changes that were made to the design 
of the Marine Recreational Information Program (MRIP) Access Point 
Angler Intercept Survey in 2013 to cover the fishing day more 
effectively than the original Marine Recreational Fisheries Statistics 
Survey (MRFSS). As a result, MRIP tended to produce higher estimates of 
red snapper landings and discards than MRFSS. Therefore, the original 
time series of MRFSS estimates were calibrated to the new time series 
of MRIP, which resulted in higher historical landings estimates for the 
recreational sector. Also, the update assessment included new age 
(size) selectivity information for fishing years 2011-2013 for all 
recreational fleets. This was done because recreational red snapper 
fishermen appeared to be selecting for larger and older fish in recent 
years.
    The results of the update assessment were first presented to the 
SSC and Council at their respective January 2015 meetings via a 
PowerPoint presentation. The results of the update assessment were 
subsequently used by the SSC to make new ABC recommendations. 
Specifically, the SSC recommended revised red snapper ABCs of 14.30 
million lb (6.49 million kg), 13.96 million lb (6.33 million kg), and 
13.74 million lb (6.23 million kg), for the 2015, 2016, and 2017 
fishing years, respectively. The Council held a webinar meeting and 
approved a framework action to set the 2015-2017 red snapper quotas 
consistent with the SSC's recommendations and a final rule implementing 
the framework action published in May 2015 (80 FR 24832, May 1, 2015).

Allocation

    The initial allocation for the commercial and recreational sectors 
was

[[Page 4012]]

set in Amendment 1 to the FMP and was based on the percentage of total 
landings during the base period of 1979-1987 (55 FR 2078, January 22, 
1990). The Council evaluated several different alternatives that would 
increase the recreational sector's red snapper allocation during the 
development of Amendment 28. These alternatives included 
straightforward percentage changes, changes based on the red snapper 
stock ACL, and changes based on the new recreational catch information 
used in the 2014 update assessment. The Council initially considered 
alternatives that would increase the commercial sector's red snapper 
allocation. At that time, analyses from the NMFS Southeast Fisheries 
Science Center (SEFSC) suggested that shifting red snapper allocation 
from the commercial to the recreational sector would increase net 
economic benefits. Thus, the Council determined that reallocating red 
snapper to the commercial sector would not achieve the purpose of the 
amendment at that time, which was to increase the net benefits from red 
snapper fishing and increase the stability of the red snapper component 
of the reef fish fishery, particularly for the recreational sector. 
Therefore, the Council removed those alternatives from the amendment. 
After the 2014 update assessment, the purpose and need statement of the 
amendment was revised to reallocating the red snapper harvest 
consistent with the assessment update to ensure the allowable catch and 
recovery benefits are fairly and equitably allocated between the 
commercial and recreational sectors. When the draft environmental 
impact statement (EIS) was published for comment, it included this 
revised purpose and need statement and two new alternatives added by 
the Council to address the new information and the revised purpose and 
need. The draft EIS did not include alternatives that would increase 
the commercial sector's allocation because the new scientific 
information did not change any previous understanding of commercial 
landings. More information about the Council's decision not to include 
these alternatives and an analysis of the environmental consequences of 
increasing the commercial allocation are provided in the response to 
comments section (Appendix D) of Amendment 28 and integrated final EIS. 
Accordingly, NMFS has made a preliminary determination that Amendment 
28 includes a reasonable range of alternatives consistent with the 
requirements of the National Environmental Policy Act.
    NMFS has also made a preliminary determination that Amendment 28 is 
consistent with section 302(i)(6) of the Magnuson-Stevens Act, which 
requires that interested parties ``have a reasonable opportunity to 
respond to new data or information before the Council takes final 
action on conservation and management measures.'' The preferred 
allocation alternative selected by the Council is based on the increase 
in the total allowable harvest that was attributable to the calibration 
of MRFSS catch estimates to the new MRIP time series used in the 2014 
update assessment. The written report of the update assessment was not 
available until September 2015, which is after the Council took final 
action on Amendment 28. However, that report merely memorializes the 
information that was previously presented to the Council and the 
public, and was used by the Council to increase the quotas in the 
spring of 2015. The public had an opportunity to comment on the 
assessment results both during the Council webinar and during the 
comment period on the proposed rule to implement the quota increase 
that was published in April 2015. The amount of increase in the total 
allowable harvest attributable to the MRIP recalibration was derived 
from projections provided by the SEFSC in March 2015 and that analysis 
is included in Appendix H to Amendment 28.
    The preferred allocation alternative was determined by first 
allocating the red snapper quota that would result if MRIP catch 
estimates were not calibrated according to the status quo allocation 
percentages (51 percent commercial and 49 percent recreational) and 
then adding the amount of red snapper quota estimated to result from 
the recalibration to the recreational sector derived from the SEFSC 
projections. Percentages of the 2015-2017 red snapper annual quotas 
allocated to each sector fluctuated based on the quota and on the 
amounts attributed to the recalibration. Thus, the Council decided to 
base the proposed commercial and recreational allocation on the average 
red snapper allocations for the projected years. Consequently, 
Amendment 28 would revise the Gulf red snapper allocation to 48.5 
percent of the stock ACL to the commercial sector and 51.5 percent of 
the stock ACL to the recreational sector.
    NMFS has made a preliminary determination that this allocation is 
consistent with National Standard 4 and the requirements of section 
303(a)(14) of the Magnuson-Stevens Act. National Standard 4 requires, 
in relevant part, that any allocation be fair and equitable, and 
reasonably calculated to promote conservation. Section 303(a)(14) 
requires that any rebuilding plan that reduces harvest in a fishery 
allocate harvest restrictions and recovery benefits fairly and 
equitably among the commercial, recreational, and charter fishing 
sectors. The allocation is fair and equitable because it addresses 
changes in the methodology in collecting recreational landings 
information that indicate that recreational harvests have been 
underestimated and that the stock is more productive than previously 
thought. Allocating the quantifiable increase in the total allowable 
harvest attributable to the calibration to the recreational sector is a 
straightforward way to help address the impacts of the changes to the 
survey methodology on recreational catch estimates. This shift in 
allocation is intended to help maintain a fair and equitable 
distribution of recovery benefits by recognizing that future 
recreational harvest will be monitored based on an improved methodology 
that results in higher landings estimates. This allocation is also 
reasonably calculated to promote conservation because the resulting 
commercial and recreational quotas keep the harvest under the 
overfishing limit, new accountability measures that have been 
implemented for the recreational sector are constraining harvest to the 
recreational quota, and analyses indicate that the shift in allocation 
is not expected to affect the speed of recovery to the Gulf-wide 
management rebuilding target.

Quotas

    Given the red snapper stock ACLs of 13.96 million lb (6.33 million 
kg) for the 2016 fishing year and 13.74 million lb (6.23 million kg) 
for the 2017 fishing year, under the proposed allocation the commercial 
quota would be 6.768 million lb (3.070 million kg) and 6.664 million lb 
(3.023 million kg) for the 2016 and 2017 fishing years and the 
recreational quota would be 7.192 million lb (3.262 million kg) and 
7.076 million lb (3.210 million kg) for the 2016 and 2017 fishing 
years. For the recreational sector, the ACT would be set 20 percent 
less than the recreational quota and result in ACTs of 5.754 million lb 
(2.610 million kg) for 2016 and 5.661 million lb (2.568 million kg) for 
2017. As described in Amendment 40 to the FMP, the recreational quota 
and ACT would be further divided into Federal charter vessel/headboat 
and private angling component quotas and ACTs based on an allocation of 
42.3

[[Page 4013]]

percent to the Federal charter vessel/headboat component and 57.7 
percent to the private angling component (80 FR 22422, April 22, 2015). 
As a result, this proposed rule would set the 2016 and 2017 Federal 
charter vessel/headboat component quotas at 3.042 million lb (1.380 
million kg) and 2.993 million lb (1.358 million kg), and the component 
ACTs at 2.434 million lb (1.104 million kg) and 2.395 million lb (1.086 
million kg), respectively. The rule would also set the 2016 and 2017 
private angling component quotas at 4.150 million lb (1.882 million kg) 
and 4.083 million lb (1.852 million kg), and the component ACTs at 
3.320 million lb (1.506 million kg) and 3.266 million lb (1.481 million 
kg), respectively. If Amendment 28 is approved by the Secretary and 
implemented, the commercial sector's amount of red snapper available in 
the IFQ program would be revised for the 2016 and 2017 fishing years 
and the season lengths for the recreational sector, and associated 
components, would be determined using the revised component ACTs.
    NMFS has made a preliminary determination the proposed commercial 
and recreational quotas are consistent with the requirements of section 
407(d)(2). Section 407(d)(2) must be read in context with the rest of 
section 407(d) as well as the Magnuson-Stevens Act as a whole. Section 
407(d) was enacted in 1996 as part of the Sustainable Fisheries Act and 
provides that any fishery plan amendment submitted by the Council for 
the red snapper fishery after the date of enactment of the Sustainable 
Fisheries Act must contain conservation and management measures that 
(1) establish separate quotas for recreational fishing and commercial 
fishing, and (2) ``ensure that such quotas reflect allocations among 
such sectors and do not reflect any harvests in excess of such 
allocations.'' The Council complied with the mandate of section 407(d) 
in early 1997 by submitting a framework action to establish a 
recreational quota with a closure provision that reflected the 
allocation established in Amendment 1 to the FMP. A final rule 
implementing the recreational quota was published in September 1997 (62 
Federal Register 46677, September 4, 1997).
    There are three general provisions of the Magnuson-Stevens Act that 
are particularly relevant to the allocation decision addressed by 
Amendment 28. These are National Standard 4 and section 303(a)(14), 
which address, in relevant part, the fairness and equity of 
allocations, and National Standard 2, which requires that conversation 
and management measures shall be based on best scientific information 
available. The adjustment to the allocation chosen by the Council is 
based on new scientific information which indicates that historical 
recreational landings were greater than previously estimated. Revised 
historical recreational landings were then used in the update 
assessment and had a quantifiable impact on the results of that 
assessment. As explained above, allocating this quantifiable increase 
in the total allowable harvest to the recreational sector is a 
straightforward way to help address the impacts of the changes to the 
data collection methodology on recreational catch estimates. To give 
effect to all of the provisions of the statute, NMFS has made a 
preliminary determination that: (1) The Council complied with the 
mandates of section 407(d)(2) by establishing a recreational quota in 
1997 that reflected the previously established allocation; and (2) that 
this provision does not prohibit future action to adjust the 
allocations as necessary to ensure consistency with the other general 
requirements of the Magnuson-Stevens Act, such as National Standard 2, 
National Standard 4, and section 303(a)(14). Furthermore, there is 
nothing that indicates any intent to exclude the allocations in the red 
snapper component of the reef fish fishery from these general 
requirements.
    Because the Amendment 28 rulemaking to reallocate the red snapper 
stock ACL will be implemented after January 1, 2016, a framework action 
has been developed by the Council and submitted to NMFS that would hold 
back 4.9 percent of the 2016 commercial quota. The final rule for that 
framework action published on November 27, 2015 (80 FR 73999). The 
purpose of the framework action is to allow IFQ allocation to be 
distributed to IFQ shareholders based on the 2016 commercial quota 
proposed in Amendment 28. If Amendment 28 is not implemented, the held 
back portion of the red snapper commercial quota would be distributed 
back to the commercial sector.

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 Amendment 28, 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.
    NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA), as 
required by section 603 of the RFA, for this proposed rule. The IRFA 
describes the economic impact this proposed rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, the objectives of, and 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 full analysis is 
available from NMFS (see ADDRESSES). A summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for this 
proposed rule. No duplicative, overlapping, or conflicting Federal 
rules have been identified. Moreover, the proposed rule is not expected 
to change current reporting, record-keeping, and other compliance 
requirements on directly affected small entities.
    This proposed rule is expected to directly affect federally 
permitted commercial fishermen that harvest red snapper in the Gulf. 
Commercial harvest of red snapper in the Gulf is currently managed 
under an IFQ program. From 2010 through 2014, an annual average of 375 
vessels landed at least 1 lb (0.45 kg) of red snapper. Each vessel 
generated annual average dockside revenues of approximately $102,000 
(2014 dollars), of which $36,000 were from red snapper, $38,000 from 
other species jointly landed with red snapper, and $28,000 from other 
species on trips without red snapper. Vessels that caught and landed 
red snapper may also operate in other fisheries, the revenues of which 
are not known and are not reflected in these totals. It is noted that 
the 2014 commercial red snapper landings data are preliminary.
    With respect to the proposed changes in the red snapper 
recreational allocation, only recreational anglers are allowed to keep 
red snapper harvested under the recreational quota and would be 
directly affected by changes in the allowable harvest. However, 
recreational anglers are not small entities under the RFA. Although 
for-hire businesses (charter vessels and headboats) operate in the 
recreational sector, these businesses only sell fishing services to 
recreational anglers and do not have harvest privileges to the red 
snapper recreational quota/ACT. For-hire vessels provide a platform for 
the opportunity to fish and not a guarantee to catch or harvest any 
species, though expectations of successful fishing, however defined, 
likely factor into the decision by anglers to purchase these services. 
Changing the red snapper recreational quota only defines how

[[Page 4014]]

much red snapper can be harvested and the quota is a factor in the 
determination of the length of the red snapper season. Changing the 
quota does not explicitly prevent the continued offer or sale of for-
hire fishing services. In the event of a shortened recreational season 
precipitated by a recreational quota reduction, fishing for other 
species can continue when the season is closed. In the event of a 
recreational quota increase and associated lengthening in the 
recreational open season, the basic service offered remains the same, 
though the list of species that may be retained is expanded. Because 
the proposed change in the red snapper recreational quota would not 
directly alter the basic service sold by for-hire vessels, in general, 
this proposed action would not directly apply to or regulate their 
operations. Any change in vessel business would be a result of changes 
in angler demand for these fishing services that occurs as a result of 
the behavioral decision by anglers, i.e., to fish or not. This 
behavioral decision would be a consequence of how anglers determine the 
change in allowable harvest will affect them. Therefore, any effects on 
the associated for-hire vessels would be one step removed from the 
anglers' decision and an indirect effect of the proposed action. 
Because the effects on for-hire vessels would be indirect, they fall 
outside the scope of the RFA.
    NMFS has not identified any other small entities that would be 
expected to be directly affected by this proposed action.
    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 field 
of operation (including its affiliates), and has combined annual 
receipts not in excess of $20.5 million (North American Industry 
Classification System, NAICS code 114111, finfish fishing) for all its 
affiliated operations worldwide.
    Based on revenue information, all 375 commercial vessels directly 
affected by the rule can be considered small entities. Thus, the 
proposed rule would affect a substantial number of small entities. 
Because all entities expected to be directly affected by the proposed 
rule are determined for the purpose of this analysis to be small 
business entities, the issue of disproportional effects on large and 
small entities does not arise in the present case.
    The proposed action would change the commercial and recreational 
sector allocation of the red snapper quota from 51 percent for the 
commercial sector and 49 percent for the recreational sector to 48.5 
percent and 51.5 percent for the commercial and recreational sectors, 
respectively. Relative to the current red snapper ACLs for the 2016 and 
2017 fishing years, the proposed reallocation would reduce the 
commercial sector allocation by 0.352 million lb (0.160 million kg) in 
2016 and 0.343 million lb (0.156 million kg) in 2017, or a total of 
0.695 million lb (0.315 million kg) over 2 years. Based on 2013 median 
ex-vessel price per pound for red snapper of $4.83 when adjusted to 
2014 prices ($4.75 at 2013 dollars), these commercial quota reductions 
would be expected to reduce total gross revenue (ex-vessel revenue, 
minus the IFQ program's 3 percent cost recovery fee) of vessels that 
commercially harvest red snapper by approximately $1.48 million (2014 
dollars) in 2016 and $1.45 million in 2017 for all vessels. Over 2 
years, total revenue reductions would be $2.93 million, or an average 
of $1.46 million per year for all vessels. This average revenue 
reduction may be considered to approximate the annual revenue reduction 
of affected commercial vessels over a number of years for which the 
commercial quota is held at about the same levels as in 2016 and 2017. 
Based on the 2010-2014 average of 375 vessels that commercially 
harvested red snapper, the revenue reduction per vessel would be 
approximately $3,893 annually. This amount is approximately 4 percent 
of total per vessel revenues from all species.
    The following discussion describes the eight alternatives that were 
not selected as preferred in Amendment 28 by the Council.
    The first alternative, the no action alternative, would maintain 
the current commercial and recreational allocation of the red snapper 
ACL. This alternative would maintain relatively the same economic 
benefits to commercial vessels but at levels higher than those afforded 
by the preferred alternative. The second alternative would increase the 
recreational sector's allocation by 3 percent, resulting in a 48 
percent commercial and 52 percent recreational sector allocation. The 
third alternative would increase the recreational sector's allocation 
by 5 percent, resulting in a 46 percent commercial and 54 percent 
recreational sector allocation. The fourth alternative would increase 
the recreational sector's allocation by 10 percent, resulting in a 41 
percent commercial and 59 percent recreational sector allocation. The 
fifth alternative would allocate to the recreational sector 75 percent 
of the red snapper ACL increases beyond 9.12 million lb (4.14 million 
kg), resulting in a 42 percent commercial and 58 percent recreational 
sector allocation in 2016 and 42.3 percent commercial and 57.7 percent 
recreational sector allocation in 2017. The sixth alternative would 
allocate to the recreational sector all red snapper ACL increases 
beyond a stock ACL of 9.12 million lb (4.14 million kg), resulting in a 
33.3 percent commercial and 66.7 percent recreational sector allocation 
in 2016 and 33.9 percent commercial and 66.1 percent recreational 
sector allocation in 2017. The seventh alternative would allocate to 
the recreational sector 75 percent of any red snapper ACL increases 
beyond a stock ACL 10.0 million lb (4.54 million kg), resulting in a 
43.6 percent commercial and 56.4 percent recreational sector allocation 
in 2016 and 43.9 percent commercial and 56.1 percent recreational 
sector allocation in 2017. The eighth alternative (Alternative 9 in 
Action 1) would allocate increases in the red snapper ACL due to the 
recalibration of MRIP catch estimates and to the change in size 
selectivity to the recreational sector, resulting in a 42.5 percent 
commercial and 57.5 percent recreational sector allocation in 2016 and 
2017. All these other alternatives, except the no action alternative, 
would result in larger quota and revenue reductions for the commercial 
vessels that harvest red snapper. Therefore, the Council determined 
that the preferred alternative in Amendment 28 best meets the goal of 
ensuring the allowable catch and recovery benefits from the rebuilding 
red snapper stock are fairly and equitably allocated between the 
commercial and recreational sectors.

List of Subjects in 50 CFR Part 622

    Allocation, Commercial, Fisheries, Fishing, Gulf, Recreational, Red 
snapper.

    Dated: January 14, 2016.
Eileen Sobeck,
Assistant Administrator for Fisheries, 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, revise paragraphs (a)(1)(i) and (a)(2)(i) to read 
as follows:

[[Page 4015]]

Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Commercial quota for red snapper. (A) For fishing year 2015--
7.293 million lb (3.308 million kg), round weight.
    (B) For fishing year 2016--6.768 million lb (3.070 million kg), 
round weight.
    (C) For fishing year 2017 and subsequent fishing years--6.664 
million lb (3.023 million kg), round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper. (A) Total recreational 
quota (Federal charter vessel/headboat and private angling component 
quotas combined).
    (1) For fishing year 2015--7.007 million lb (3.178 million kg), 
round weight.
    (2) For fishing year 2016--7.192 million lb (3.262 million kg), 
round weight.
    (3) For fishing year 2017 and subsequent fishing years--7.076 
million lb (3.210 million kg), round weight.
    (B) Federal charter vessel/headboat component quota. The Federal 
charter vessel/headboat component quota applies to vessels that have 
been issued a valid Federal charter vessel/headboat permit for Gulf 
reef fish any time during the fishing year. This component quota is 
effective for only the 2015, 2016, and 2017 fishing years. For the 2018 
and subsequent fishing years, the applicable total recreational quota 
specified in Sec.  622.39(a)(2)(i)(A) will apply to the recreational 
sector.
    (1) For fishing year 2015--2.964 million lb (1.344 million kg), 
round weight.
    (2) For fishing year 2016--3.042 million lb (1.380 million kg), 
round weight.
    (3) For fishing year 2017--2.993 million lb (1.358 million kg), 
round weight.
    (C) Private angling component quota. The private angling component 
quota applies to vessels that fish under the bag limit and have not 
been issued a Federal charter vessel/headboat permit for Gulf reef fish 
any time during the fishing year. This component quota is effective for 
only the 2015, 2016, and 2017 fishing years. For the 2018 and 
subsequent fishing years, the applicable total recreational quota 
specified in Sec.  622.39(a)(2)(i)(A) will apply to the recreational 
sector.
    (1) For fishing year 2015--4.043 million lb (1.834 million kg), 
round weight.
    (2) For fishing year 2016--4.150 million lb (1.882 million kg), 
round weight.
    (3) For fishing year 2017--4.083 million lb (1.852 million kg), 
round weight.
* * * * *
0
3. In Sec.  622.41, revise (q)(2)(iii) to read as follows:


Sec.  622.41  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (q) * * *
    (2) * * *
    (iii) Recreational ACT for red snapper. (A) Total recreational ACT 
(Federal charter vessel/headboat and private angling component ACTs 
combined).
    (1) For fishing year 2015--5.606 million lb (2.543 million kg), 
round weight.
    (2) For fishing year 2016--5.754 million lb (2.610 million kg), 
round weight.
    (3) For fishing year 2017 and subsequent fishing years--5.661 
million lb (2.568 million kg), round weight.
    (B) Federal charter vessel/headboat component ACT. The Federal 
charter vessel/headboat component ACT applies to vessels that have been 
issued a valid Federal charter vessel/headboat permit for Gulf reef 
fish any time during the fishing year. This component ACT is effective 
for only the 2015, 2016, and 2017 fishing years. For the 2018 and 
subsequent fishing years, the applicable total recreational quota 
specified in Sec.  622.39(a)(2)(i)(A) will apply to the recreational 
sector.
    (1) For fishing year 2015--2.371 million lb (1.075 million kg), 
round weight.
    (2) For fishing year 2016--2.434 million lb (1.104 million kg), 
round weight.
    (3) For fishing year 2017--2.395 million lb (1.086 million kg), 
round weight.
    (C) Private angling component ACT. The private angling component 
ACT applies to vessels that fish under the bag limit and have not been 
issued a Federal charter vessel/headboat permit for Gulf reef fish any 
time during the fishing year. This component ACT is effective for only 
the 2015, 2016, and 2017 fishing years. For the 2018 and subsequent 
fishing years, the applicable total recreational quota specified in 
Sec.  622.39(a)(2)(i)(A) will apply to the recreational sector.
    (1) For fishing year 2015--3.234 million lb (1.467 million kg), 
round weight.
    (2) For fishing year 2016--3.320 million lb (1.506 million kg), 
round weight.
    (3) For fishing year 2017--3.266 million lb (1.481 million kg), 
round weight.

[FR Doc. 2016-01279 Filed 1-22-16; 8:45 am]
 BILLING CODE 3510-22-P

4010 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules effective if you follow the suggestions Will the agency consider late Atmospheric Administration (NOAA), below: comments? Commerce. • Explain your views and reasoning We will consider all comments that ACTION: Proposed rule; request for as clearly as possible. the docket receives before the close of comments. • Provide solid evidence and data to business on the comment closing date support your views. indicated in the DATES section. To the SUMMARY: NMFS proposes to implement • If you estimate potential costs, extent possible, we will also consider management measures described in explain how you arrived at that comments that the docket receives after Amendment 28 to the Fishery estimate. that date. If the docket receives a Management Plan for the Reef Fish • Tell us which parts of the ANPRM comment too late for us to consider it Resources of the Gulf of Mexico (FMP), you support, as well as those with in developing the next step in this as prepared by the Gulf of Mexico which you disagree. rulemaking, we will consider that Fishery Management Council (Council) • Provide specific examples to comment as an informal suggestion for (Amendment 28). If approved and illustrate your concerns. future rulemaking action. implemented by the Secretary of • Offer specific alternatives. Commerce (Secretary), Amendment 28 How can I read the comments submitted would revise the Gulf of Mexico (Gulf) • Refer your comments to the specific by other people? red snapper commercial and sections of the ANPRM. Your comments must be written in You may read the comments received recreational sector allocations of the English. To ensure that your comments by the docket at the address given in the stock annual catch limits (ACLs). As a are correctly filed in the docket, please ADDRESSES section. You may also see result of the revised sector allocations include the docket number of this the comments on the Internet (http:// proposed in Amendment 28, this document in your comments. regulations.gov). Please note that even proposed rule would revise the red Your comments must not be more after the comment closing date, we will snapper commercial and recreational than 15 pages long. 49 CFR 553.21. We continue to file relevant information in quotas (which are equivalent to the established this limit to encourage you the docket as it becomes available. ACLs) and the recreational annual catch to write your primary comments in a Further, some people may submit late targets (ACTs). This proposed rule concise fashion. However, you may comments. Accordingly, we recommend would also set the Federal charter attach necessary additional documents that you periodically check the docket vessel/headboat and private angling to your comments. There is no limit on for new material. Anyone is able to component quotas and ACTs based on the length of the attachments. search the electronic form of all the revised recreational sector’s ACL Please submit your comments to the comments name of the individual and ACT. The purpose of this proposed docket electronically by logging onto submitting the comment (or signing the rule and Amendment 28 is to reallocate http://www.regulations.gov or by the comment, if submitted on behalf of an the Gulf red snapper harvest consistent means given in the ADDRESSES section at association, business, labor union, etc.). with the 2014 red snapper assessment the beginning of this document. Please You may review DOT’s complete update while ensuring the allowable note that pursuant to the Data Quality Privacy Act Statement in the Federal catch and recovery benefits from the Act, in order for substantive data to be Register published on April 11, 2000 rebuilding red snapper stock are fairly relied upon and used by the agency, it (65 FR 19476 at 19477–78). and equitably allocated between the must meet the information quality Authority: 49 U.S.C. 30102, 30103, 30116– commercial and recreational sectors. standards set forth in the OMB and DOT 30121, 30166; delegation of authority at 49 DATES: Written comments must be Data Quality Act guidelines. CFR 1.95 and 49 CFR 501.8. received on or before March 10, 2016. Accordingly, we encourage you to Issued in Washington, DC, on January 14, ADDRESSES: You may submit comments consult the guidelines in preparing your 2016 under authority delegated pursuant to on the amendment identified by comments. OMB’s guidelines may be 49 CFR 1.95. ‘‘NOAA–NMFS–2013–0146’’ by either accessed at http://www.whitehouse.gov/ Frank S. Borris II, of the following methods: omb/fedreg/reproducible.html. Acting Associate Administrator for • Electronic Submission: Submit all Enforcement. electronic public comments via the How do I submit confidential business [FR Doc. 2016–01291 Filed 1–22–16; 8:45 am] Federal e-Rulemaking Portal. Go to information? BILLING CODE 4910–59–P www.regulations.gov/ If you wish to submit any information #!docketDetail;D=NOAA-NMFS-2013- under a claim of confidentiality, you 0146, click the ‘‘Comment Now!’’ icon, should submit three copies of your DEPARTMENT OF COMMERCE complete the required fields, and enter complete submission, including the or attach your comments. information you claim to be confidential National Oceanic and Atmospheric • Mail: Submit written comments to business information, to the Chief Administration Peter Hood, Southeast Regional Office, Counsel, NHTSA, at the address given NMFS, 263 13th Avenue South, in the FOR FURTHER INFORMATION 50 CFR Part 622 St. Petersburg, FL 33701. CONTACT section. In addition, you [Docket No. 130919819–5999–01] Instructions: Comments sent by any should submit a copy from which you other method, to any other address or asabaliauskas on DSK5VPTVN1PROD with PROPOSALS have deleted the claimed confidential RIN 0648–BD68 individual, or received after the end of business information to the docket. the comment period, may not be Fisheries of the Caribbean, Gulf of When you send a comment containing considered by NMFS. All comments Mexico, and South Atlantic; Reef Fish information claimed to be confidential received are a part of the public record Fishery of the Gulf of Mexico; Red business information, you should and will generally be posted for public Snapper Management Measures; include a cover letter setting forth the viewing on www.regulations.gov Amendment 28 information specified in our without change. All personal identifying confidential business information AGENCY: National Marine Fisheries information (e.g., name, address, etc.), regulations. 49 CFR part 512. Service (NMFS), National Oceanic and confidential business information, or VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1

Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules 4011 otherwise sensitive information increased from 49 percent to 51.5 Red Snapper Assessments submitted voluntarily by the sender will percent of the stock ACL. This shift in In 2013, the Southeast Data, be publicly accessible. NMFS will allocation is based on the increase in the Assessment, and Review 31 Gulf red accept anonymous comments (enter total allowable harvest attributable to snapper benchmark assessment was ‘‘N/A’’ in the required fields if you wish the calibration of Marine Recreational conducted and was then reviewed by to remain anonymous). Information Program (MRIP) catch the Council’s Scientific and Statistical Electronic copies of Amendment 28, estimates that were used in a 2014 Committee (SSC). Based on their review, which includes an environmental update assessment. This proposed rule the SSC made recommendations for a impact statement, a fishery impact would implement the shift in allocation revised red snapper acceptable statement, a Regulatory Flexibility Act by modifying the commercial and biological catch (ABC) and overfishing (RFA) analysis, and a regulatory impact recreational quotas as well as limit (OFL). In 2014, a red snapper review, may be obtained from the recreational component quotas update assessment (2014 update Southeast Regional Office Web site at consistent with the revised red snapper assessment) was conducted. This http://sero.nmfs.noaa.gov/sustainable_ allocation. This proposed rule would assessment included more recent data fisheries/gulf_fisheries/reef_fish/2013/ also revise the applicable ACTs. All and incorporated two changes to the am28/index.html. weights described in this proposed rule recreational landings information: (1) FOR FURTHER INFORMATION CONTACT: are in round (whole) weight. Calibrated historical landings; and (2) Peter Hood, Southeast Regional Office, Red Snapper Management new age (size) selectivity information NMFS, telephone: 727–824–5305; email: for fishing years 2011–2013 for all Peter.Hood@noaa.gov. The Gulf red snapper stock is recreational fleets. The calibrated SUPPLEMENTARY INFORMATION: NMFS and currently overfished and is under a historical landings resulted from the Council manage the Gulf reef fish rebuilding plan projected to end in important changes that were made to fishery under the FMP. The Council 2032. Consistent with the rebuilding the design of the Marine Recreational prepared the FMP and NMFS plan, both the commercial and Information Program (MRIP) Access implements the FMP through recreational quotas have been allowed Point Angler Intercept Survey in 2013 to regulations at 50 CFR part 622 under the to increase as the red snapper stock has cover the fishing day more effectively authority of the Magnuson-Stevens Act. recovered. The red snapper commercial than the original Marine Recreational and recreational ACLs are equal to the Fisheries Statistics Survey (MRFSS). As Background applicable quotas. a result, MRIP tended to produce higher The Magnuson-Stevens Act requires The recreational sector, which has estimates of red snapper landings and NMFS and regional fishery management experienced red snapper quota overages discards than MRFSS. Therefore, the councils to prevent overfishing and and more recently, shorter red snapper original time series of MRFSS estimates achieve, on a continuing basis, optimum seasons, is managed through a variety of were calibrated to the new time series yield from federally managed fish measures including separate Federal of MRIP, which resulted in higher stocks. The Magnuson-Stevens Act charter vessel/headboat and private historical landings estimates for the requires that in allocating fishing angling component quotas and ACTs, recreational sector. Also, the update privileges among fishermen, such recreational bag and size limits, and assessment included new age (size) allocation shall be fair and equitable to closed seasons. Since 2014, the selectivity information for fishing years all such fishermen, reasonably recreational season length is projected 2011–2013 for all recreational fleets. calculated to promote conservation, and each year based on the applicable ACTs, This was done because recreational red carried out in such a manner that no which are set 20 percent less than the snapper fishermen appeared to be particular individual, corporation, or applicable quotas. In addition, an selecting for larger and older fish in other entity acquires an excessive share overage adjustment is required if the recent years. of such privileges. For stocks like red total recreational quota is exceeded and The results of the update assessment snapper, which are subject to a red snapper are overfished. The red were first presented to the SSC and rebuilding plan, the Magnuson-Stevens snapper commercial sector has been Council at their respective January 2015 Act also requires that harvest managed under an individual fishing meetings via a PowerPoint presentation. restrictions and recovery benefits be quota (IFQ) program since 2007 (71 FR The results of the update assessment allocated fairly and equitably among the 67447, November 22, 2006). Although were subsequently used by the SSC to fishing sectors. These mandates are the commercial sector has also make new ABC recommendations. intended to ensure fishery resources are experienced quota overages in the past, Specifically, the SSC recommended managed for the greatest overall benefit since the beginning of the IFQ program, revised red snapper ABCs of 14.30 to the nation, particularly with respect the commercial sector has not exceeded million lb (6.49 million kg), 13.96 to providing food production and its quota. million lb (6.33 million kg), and 13.74 recreational opportunities, and In recent years, the Council has million lb (6.23 million kg), for the protecting marine ecosystems. The expressed its intent to evaluate and 2015, 2016, and 2017 fishing years, purpose of Amendment 28 is to possibly adjust the allocation of reef fish respectively. The Council held a reallocate red snapper harvest from the resources between the commercial and webinar meeting and approved a commercial sector to the recreational recreational sectors. The Council has framework action to set the 2015–2017 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS sector, consistent with the 2014 red discussed NOAA’s Catch Share Policy red snapper quotas consistent with the snapper update assessment, to ensure as well as its own allocation policy, and SSC’s recommendations and a final rule that the allowable catch and recovery consistent with those policies, has implementing the framework action benefits from a rebuilding stock are considered changes to sector allocations published in May 2015 (80 FR 24832, fairly and equitably allocated between for red snapper and several grouper May 1, 2015). the sectors. The current commercial species. Amendment 28 and this allocation would be reduced from 51 proposed rule specifically address red Allocation percent to 48.5 percent of the stock ACL snapper allocation between the The initial allocation for the and the recreational allocation would be commercial and recreational sectors. commercial and recreational sectors was VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1

4012 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules set in Amendment 1 to the FMP and requirements of the National the Magnuson-Stevens Act. National was based on the percentage of total Environmental Policy Act. Standard 4 requires, in relevant part, landings during the base period of NMFS has also made a preliminary that any allocation be fair and equitable, 1979–1987 (55 FR 2078, January 22, determination that Amendment 28 is and reasonably calculated to promote 1990). The Council evaluated several consistent with section 302(i)(6) of the conservation. Section 303(a)(14) different alternatives that would Magnuson-Stevens Act, which requires requires that any rebuilding plan that increase the recreational sector’s red that interested parties ‘‘have a reduces harvest in a fishery allocate snapper allocation during the reasonable opportunity to respond to harvest restrictions and recovery development of Amendment 28. These new data or information before the benefits fairly and equitably among the alternatives included straightforward Council takes final action on commercial, recreational, and charter percentage changes, changes based on conservation and management fishing sectors. The allocation is fair and the red snapper stock ACL, and changes measures.’’ The preferred allocation equitable because it addresses changes based on the new recreational catch alternative selected by the Council is in the methodology in collecting based on the increase in the total recreational landings information that information used in the 2014 update allowable harvest that was attributable indicate that recreational harvests have assessment. The Council initially to the calibration of MRFSS catch been underestimated and that the stock considered alternatives that would estimates to the new MRIP time series is more productive than previously increase the commercial sector’s red used in the 2014 update assessment. thought. Allocating the quantifiable snapper allocation. At that time, The written report of the update increase in the total allowable harvest analyses from the NMFS Southeast assessment was not available until attributable to the calibration to the Fisheries Science Center (SEFSC) September 2015, which is after the recreational sector is a straightforward suggested that shifting red snapper Council took final action on way to help address the impacts of the allocation from the commercial to the Amendment 28. However, that report changes to the survey methodology on recreational sector would increase net merely memorializes the information recreational catch estimates. This shift economic benefits. Thus, the Council that was previously presented to the in allocation is intended to help determined that reallocating red Council and the public, and was used maintain a fair and equitable snapper to the commercial sector would by the Council to increase the quotas in distribution of recovery benefits by not achieve the purpose of the the spring of 2015. The public had an recognizing that future recreational amendment at that time, which was to opportunity to comment on the harvest will be monitored based on an increase the net benefits from red assessment results both during the improved methodology that results in snapper fishing and increase the Council webinar and during the higher landings estimates. This stability of the red snapper component comment period on the proposed rule to allocation is also reasonably calculated of the reef fish fishery, particularly for implement the quota increase that was to promote conservation because the the recreational sector. Therefore, the published in April 2015. The amount of resulting commercial and recreational Council removed those alternatives from increase in the total allowable harvest quotas keep the harvest under the the amendment. After the 2014 update attributable to the MRIP recalibration overfishing limit, new accountability assessment, the purpose and need was derived from projections provided measures that have been implemented statement of the amendment was by the SEFSC in March 2015 and that for the recreational sector are revised to reallocating the red snapper analysis is included in Appendix H to constraining harvest to the recreational harvest consistent with the assessment Amendment 28. quota, and analyses indicate that the update to ensure the allowable catch The preferred allocation alternative shift in allocation is not expected to and recovery benefits are fairly and was determined by first allocating the affect the speed of recovery to the Gulf- equitably allocated between the red snapper quota that would result if wide management rebuilding target. commercial and recreational sectors. MRIP catch estimates were not calibrated according to the status quo Quotas When the draft environmental impact allocation percentages (51 percent Given the red snapper stock ACLs of statement (EIS) was published for commercial and 49 percent recreational) 13.96 million lb (6.33 million kg) for the comment, it included this revised and then adding the amount of red 2016 fishing year and 13.74 million lb purpose and need statement and two (6.23 million kg) for the 2017 fishing snapper quota estimated to result from new alternatives added by the Council the recalibration to the recreational year, under the proposed allocation the to address the new information and the sector derived from the SEFSC commercial quota would be 6.768 revised purpose and need. The draft EIS projections. Percentages of the 2015– million lb (3.070 million kg) and 6.664 did not include alternatives that would 2017 red snapper annual quotas million lb (3.023 million kg) for the increase the commercial sector’s allocated to each sector fluctuated based 2016 and 2017 fishing years and the allocation because the new scientific on the quota and on the amounts recreational quota would be 7.192 information did not change any attributed to the recalibration. Thus, the million lb (3.262 million kg) and 7.076 previous understanding of commercial Council decided to base the proposed million lb (3.210 million kg) for the landings. More information about the commercial and recreational allocation 2016 and 2017 fishing years. For the Council’s decision not to include these on the average red snapper allocations recreational sector, the ACT would be alternatives and an analysis of the for the projected years. Consequently, set 20 percent less than the recreational asabaliauskas on DSK5VPTVN1PROD with PROPOSALS environmental consequences of Amendment 28 would revise the Gulf quota and result in ACTs of 5.754 increasing the commercial allocation are red snapper allocation to 48.5 percent of million lb (2.610 million kg) for 2016 provided in the response to comments the stock ACL to the commercial sector and 5.661 million lb (2.568 million kg) section (Appendix D) of Amendment 28 and 51.5 percent of the stock ACL to the for 2017. As described in Amendment and integrated final EIS. Accordingly, recreational sector. 40 to the FMP, the recreational quota NMFS has made a preliminary NMFS has made a preliminary and ACT would be further divided into determination that Amendment 28 determination that this allocation is Federal charter vessel/headboat and includes a reasonable range of consistent with National Standard 4 and private angling component quotas and alternatives consistent with the the requirements of section 303(a)(14) of ACTs based on an allocation of 42.3 VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1

Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules 4013 percent to the Federal charter vessel/ management measures shall be based on NMFS prepared an Initial Regulatory headboat component and 57.7 percent best scientific information available. Flexibility Analysis (IRFA), as required to the private angling component (80 FR The adjustment to the allocation chosen by section 603 of the RFA, for this 22422, April 22, 2015). As a result, this by the Council is based on new proposed rule. The IRFA describes the proposed rule would set the 2016 and scientific information which indicates economic impact this proposed rule, if 2017 Federal charter vessel/headboat that historical recreational landings adopted, would have on small entities. component quotas at 3.042 million lb were greater than previously estimated. A description of the action, why it is (1.380 million kg) and 2.993 million lb Revised historical recreational landings being considered, the objectives of, and (1.358 million kg), and the component were then used in the update legal basis for this action are contained ACTs at 2.434 million lb (1.104 million assessment and had a quantifiable at the beginning of this section in the kg) and 2.395 million lb (1.086 million impact on the results of that assessment. preamble and in the SUMMARY section of kg), respectively. The rule would also As explained above, allocating this the preamble. A copy of the full analysis set the 2016 and 2017 private angling quantifiable increase in the total is available from NMFS (see component quotas at 4.150 million lb allowable harvest to the recreational ADDRESSES). A summary of the IRFA (1.882 million kg) and 4.083 million lb sector is a straightforward way to help follows. (1.852 million kg), and the component address the impacts of the changes to The Magnuson-Stevens Act provides ACTs at 3.320 million lb (1.506 million the data collection methodology on the statutory basis for this proposed kg) and 3.266 million lb (1.481 million recreational catch estimates. To give rule. No duplicative, overlapping, or kg), respectively. If Amendment 28 is effect to all of the provisions of the conflicting Federal rules have been approved by the Secretary and statute, NMFS has made a preliminary identified. Moreover, the proposed rule implemented, the commercial sector’s determination that: (1) The Council is not expected to change current amount of red snapper available in the complied with the mandates of section reporting, record-keeping, and other IFQ program would be revised for the 407(d)(2) by establishing a recreational compliance requirements on directly 2016 and 2017 fishing years and the quota in 1997 that reflected the affected small entities. season lengths for the recreational previously established allocation; and This proposed rule is expected to sector, and associated components, (2) that this provision does not prohibit directly affect federally permitted would be determined using the revised future action to adjust the allocations as commercial fishermen that harvest red component ACTs. necessary to ensure consistency with snapper in the Gulf. Commercial harvest NMFS has made a preliminary the other general requirements of the of red snapper in the Gulf is currently determination the proposed commercial Magnuson-Stevens Act, such as managed under an IFQ program. From and recreational quotas are consistent National Standard 2, National Standard 2010 through 2014, an annual average of with the requirements of section 4, and section 303(a)(14). Furthermore, 375 vessels landed at least 1 lb (0.45 kg) 407(d)(2). Section 407(d)(2) must be there is nothing that indicates any intent of red snapper. Each vessel generated read in context with the rest of section to exclude the allocations in the red annual average dockside revenues of 407(d) as well as the Magnuson-Stevens snapper component of the reef fish approximately $102,000 (2014 dollars), Act as a whole. Section 407(d) was fishery from these general requirements. of which $36,000 were from red enacted in 1996 as part of the Because the Amendment 28 snapper, $38,000 from other species Sustainable Fisheries Act and provides rulemaking to reallocate the red snapper jointly landed with red snapper, and that any fishery plan amendment stock ACL will be implemented after $28,000 from other species on trips submitted by the Council for the red January 1, 2016, a framework action has without red snapper. Vessels that caught snapper fishery after the date of been developed by the Council and and landed red snapper may also enactment of the Sustainable Fisheries submitted to NMFS that would hold operate in other fisheries, the revenues Act must contain conservation and back 4.9 percent of the 2016 commercial of which are not known and are not management measures that (1) establish quota. The final rule for that framework reflected in these totals. It is noted that separate quotas for recreational fishing action published on November 27, 2015 the 2014 commercial red snapper and commercial fishing, and (2) ‘‘ensure (80 FR 73999). The purpose of the landings data are preliminary. that such quotas reflect allocations framework action is to allow IFQ With respect to the proposed changes among such sectors and do not reflect allocation to be distributed to IFQ in the red snapper recreational any harvests in excess of such shareholders based on the 2016 allocation, only recreational anglers are allocations.’’ The Council complied commercial quota proposed in allowed to keep red snapper harvested with the mandate of section 407(d) in Amendment 28. If Amendment 28 is not under the recreational quota and would early 1997 by submitting a framework implemented, the held back portion of be directly affected by changes in the action to establish a recreational quota the red snapper commercial quota allowable harvest. However, with a closure provision that reflected would be distributed back to the recreational anglers are not small the allocation established in commercial sector. entities under the RFA. Although for- Amendment 1 to the FMP. A final rule hire businesses (charter vessels and implementing the recreational quota Classification headboats) operate in the recreational was published in September 1997 (62 Pursuant to section 304(b)(1)(A) of the sector, these businesses only sell fishing Federal Register 46677, September 4, Magnuson-Stevens Act, the NMFS services to recreational anglers and do 1997). Assistant Administrator has determined not have harvest privileges to the red asabaliauskas on DSK5VPTVN1PROD with PROPOSALS There are three general provisions of that this proposed rule is consistent snapper recreational quota/ACT. For- the Magnuson-Stevens Act that are with Amendment 28, the FMP, other hire vessels provide a platform for the particularly relevant to the allocation provisions of the Magnuson-Stevens opportunity to fish and not a guarantee decision addressed by Amendment 28. Act, and other applicable laws, subject to catch or harvest any species, though These are National Standard 4 and to further consideration after public expectations of successful fishing, section 303(a)(14), which address, in comment. however defined, likely factor into the relevant part, the fairness and equity of This proposed rule has been decision by anglers to purchase these allocations, and National Standard 2, determined to be not significant for services. Changing the red snapper which requires that conversation and purposes of Executive Order 12866. recreational quota only defines how VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1

4014 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules much red snapper can be harvested and allocation of the red snapper quota from 75 percent of the red snapper ACL the quota is a factor in the 51 percent for the commercial sector increases beyond 9.12 million lb (4.14 determination of the length of the red and 49 percent for the recreational million kg), resulting in a 42 percent snapper season. Changing the quota sector to 48.5 percent and 51.5 percent commercial and 58 percent recreational does not explicitly prevent the for the commercial and recreational sector allocation in 2016 and 42.3 continued offer or sale of for-hire fishing sectors, respectively. Relative to the percent commercial and 57.7 percent services. In the event of a shortened current red snapper ACLs for the 2016 recreational sector allocation in 2017. recreational season precipitated by a and 2017 fishing years, the proposed The sixth alternative would allocate to recreational quota reduction, fishing for reallocation would reduce the the recreational sector all red snapper other species can continue when the commercial sector allocation by 0.352 ACL increases beyond a stock ACL of season is closed. In the event of a million lb (0.160 million kg) in 2016 9.12 million lb (4.14 million kg), recreational quota increase and and 0.343 million lb (0.156 million kg) resulting in a 33.3 percent commercial associated lengthening in the in 2017, or a total of 0.695 million lb and 66.7 percent recreational sector recreational open season, the basic (0.315 million kg) over 2 years. Based on allocation in 2016 and 33.9 percent service offered remains the same, 2013 median ex-vessel price per pound commercial and 66.1 percent though the list of species that may be for red snapper of $4.83 when adjusted recreational sector allocation in 2017. retained is expanded. Because the to 2014 prices ($4.75 at 2013 dollars), The seventh alternative would allocate proposed change in the red snapper these commercial quota reductions to the recreational sector 75 percent of recreational quota would not directly would be expected to reduce total gross any red snapper ACL increases beyond alter the basic service sold by for-hire revenue (ex-vessel revenue, minus the a stock ACL 10.0 million lb (4.54 vessels, in general, this proposed action IFQ program’s 3 percent cost recovery million kg), resulting in a 43.6 percent would not directly apply to or regulate fee) of vessels that commercially harvest commercial and 56.4 percent their operations. Any change in vessel red snapper by approximately $1.48 recreational sector allocation in 2016 business would be a result of changes in million (2014 dollars) in 2016 and $1.45 and 43.9 percent commercial and 56.1 angler demand for these fishing services million in 2017 for all vessels. Over 2 percent recreational sector allocation in that occurs as a result of the behavioral years, total revenue reductions would be 2017. The eighth alternative (Alternative decision by anglers, i.e., to fish or not. $2.93 million, or an average of $1.46 9 in Action 1) would allocate increases This behavioral decision would be a million per year for all vessels. This in the red snapper ACL due to the consequence of how anglers determine average revenue reduction may be recalibration of MRIP catch estimates the change in allowable harvest will considered to approximate the annual and to the change in size selectivity to affect them. Therefore, any effects on revenue reduction of affected the recreational sector, resulting in a the associated for-hire vessels would be commercial vessels over a number of 42.5 percent commercial and 57.5 one step removed from the anglers’ years for which the commercial quota is percent recreational sector allocation in decision and an indirect effect of the held at about the same levels as in 2016 2016 and 2017. All these other proposed action. Because the effects on and 2017. Based on the 2010–2014 alternatives, except the no action for-hire vessels would be indirect, they average of 375 vessels that commercially alternative, would result in larger quota fall outside the scope of the RFA. harvested red snapper, the revenue and revenue reductions for the NMFS has not identified any other reduction per vessel would be commercial vessels that harvest red small entities that would be expected to approximately $3,893 annually. This snapper. Therefore, the Council be directly affected by this proposed amount is approximately 4 percent of determined that the preferred action. total per vessel revenues from all alternative in Amendment 28 best meets The Small Business Administration species. the goal of ensuring the allowable catch has established size criteria for all major The following discussion describes and recovery benefits from the industry sectors in the U.S., including the eight alternatives that were not rebuilding red snapper stock are fairly fish harvesters. A business involved in selected as preferred in Amendment 28 and equitably allocated between the fish harvesting is classified as a small by the Council. commercial and recreational sectors. business if it is independently owned The first alternative, the no action and operated, is not dominant in its alternative, would maintain the current List of Subjects in 50 CFR Part 622 field of operation (including its commercial and recreational allocation Allocation, Commercial, Fisheries, affiliates), and has combined annual of the red snapper ACL. This alternative Fishing, Gulf, Recreational, Red receipts not in excess of $20.5 million would maintain relatively the same snapper. (North American Industry Classification economic benefits to commercial vessels Dated: January 14, 2016. System, NAICS code 114111, finfish but at levels higher than those afforded Eileen Sobeck, fishing) for all its affiliated operations by the preferred alternative. The second Assistant Administrator for Fisheries, worldwide. alternative would increase the National Marine Fisheries Service. Based on revenue information, all 375 recreational sector’s allocation by 3 commercial vessels directly affected by percent, resulting in a 48 percent For the reasons set out in the the rule can be considered small commercial and 52 percent recreational preamble, 50 CFR part 622 is proposed entities. Thus, the proposed rule would sector allocation. The third alternative to be amended as follows: affect a substantial number of small would increase the recreational sector’s asabaliauskas on DSK5VPTVN1PROD with PROPOSALS entities. Because all entities expected to allocation by 5 percent, resulting in a 46 PART 622—FISHERIES OF THE be directly affected by the proposed rule percent commercial and 54 percent CARIBBEAN, GULF OF MEXICO, AND are determined for the purpose of this recreational sector allocation. The SOUTH ATLANTIC analysis to be small business entities, fourth alternative would increase the ■ 1. The authority citation for part 622 the issue of disproportional effects on recreational sector’s allocation by 10 continues to read as follows: large and small entities does not arise in percent, resulting in a 41 percent the present case. commercial and 59 percent recreational Authority: 16 U.S.C. 1801 et seq. The proposed action would change sector allocation. The fifth alternative ■ 2. In § 622.39, revise paragraphs the commercial and recreational sector would allocate to the recreational sector (a)(1)(i) and (a)(2)(i) to read as follows: VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\25JAP1.SGM 25JAP1

Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Proposed Rules 4015 § 622.39 Quotas. (3) For fishing year 2017—2.993 (B) Federal charter vessel/headboat * * * * * million lb (1.358 million kg), round component ACT. The Federal charter (a) * * * weight. vessel/headboat component ACT (1) * * * (C) Private angling component quota. applies to vessels that have been issued (i) Commercial quota for red snapper. The private angling component quota a valid Federal charter vessel/headboat (A) For fishing year 2015—7.293 million applies to vessels that fish under the bag permit for Gulf reef fish any time during lb (3.308 million kg), round weight. limit and have not been issued a Federal the fishing year. This component ACT is (B) For fishing year 2016—6.768 charter vessel/headboat permit for Gulf effective for only the 2015, 2016, and million lb (3.070 million kg), round reef fish any time during the fishing 2017 fishing years. For the 2018 and weight. year. This component quota is effective subsequent fishing years, the applicable (C) For fishing year 2017 and for only the 2015, 2016, and 2017 total recreational quota specified in subsequent fishing years—6.664 million fishing years. For the 2018 and § 622.39(a)(2)(i)(A) will apply to the lb (3.023 million kg), round weight. subsequent fishing years, the applicable recreational sector. total recreational quota specified in (1) For fishing year 2015—2.371 * * * * * § 622.39(a)(2)(i)(A) will apply to the (2) * * * million lb (1.075 million kg), round recreational sector. weight. (i) Recreational quota for red snapper. (1) For fishing year 2015—4.043 (A) Total recreational quota (Federal million lb (1.834 million kg), round (2) For fishing year 2016—2.434 charter vessel/headboat and private weight. million lb (1.104 million kg), round angling component quotas combined). (2) For fishing year 2016—4.150 weight. (1) For fishing year 2015—7.007 million lb (1.882 million kg), round (3) For fishing year 2017—2.395 million lb (3.178 million kg), round weight. million lb (1.086 million kg), round weight. (3) For fishing year 2017—4.083 weight. (2) For fishing year 2016—7.192 million lb (1.852 million kg), round (C) Private angling component ACT. million lb (3.262 million kg), round weight. The private angling component ACT weight. * * * * * applies to vessels that fish under the bag (3) For fishing year 2017 and ■ 3. In § 622.41, revise (q)(2)(iii) to read limit and have not been issued a Federal subsequent fishing years—7.076 million as follows: charter vessel/headboat permit for Gulf lb (3.210 million kg), round weight. reef fish any time during the fishing § 622.41 Annual catch limits (ACLs), (B) Federal charter vessel/headboat year. This component ACT is effective annual catch targets (ACTs), and component quota. The Federal charter accountability measures (AMs). for only the 2015, 2016, and 2017 vessel/headboat component quota fishing years. For the 2018 and * * * * * applies to vessels that have been issued subsequent fishing years, the applicable (q) * * * a valid Federal charter vessel/headboat (2) * * * total recreational quota specified in permit for Gulf reef fish any time during (iii) Recreational ACT for red § 622.39(a)(2)(i)(A) will apply to the the fishing year. This component quota snapper. (A) Total recreational ACT recreational sector. is effective for only the 2015, 2016, and (Federal charter vessel/headboat and (1) For fishing year 2015—3.234 2017 fishing years. For the 2018 and private angling component ACTs million lb (1.467 million kg), round subsequent fishing years, the applicable combined). weight. total recreational quota specified in (1) For fishing year 2015—5.606 § 622.39(a)(2)(i)(A) will apply to the (2) For fishing year 2016—3.320 million lb (2.543 million kg), round million lb (1.506 million kg), round recreational sector. weight. weight. (1) For fishing year 2015—2.964 (2) For fishing year 2016—5.754 million lb (1.344 million kg), round million lb (2.610 million kg), round (3) For fishing year 2017—3.266 weight. weight. million lb (1.481 million kg), round (2) For fishing year 2016—3.042 (3) For fishing year 2017 and weight. million lb (1.380 million kg), round subsequent fishing years—5.661 million [FR Doc. 2016–01279 Filed 1–22–16; 8:45 am] weight. lb (2.568 million kg), round weight. BILLING CODE 3510–22–P asabaliauskas on DSK5VPTVN1PROD with PROPOSALS VerDate Sep<11>2014 12:22 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00046 Fmt 4702 Sfmt 9990 E:\FR\FM\25JAP1.SGM 25JAP1


Document Created: 2018-02-02 12:35:15
Document Modified: 2018-02-02 12:35:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesWritten comments must be received on or before March 10, 2016.
ContactPeter Hood, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: [email protected]
FR Citation81 FR 4010 
RIN Number0648-BD68
CFR AssociatedAllocation; Commercial; Fisheries; Fishing; Gulf; Recreational and Red Snapper
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