81 FR 42625 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery Off the Atlantic States; Regulatory Amendment 1

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 126 (June 30, 2016)

NMFS proposes regulations to implement Regulatory Amendment 1 for the Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery off the Atlantic States (Regulatory Amendment 1) as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would establish a commercial trip limit for Atlantic dolphin for vessels with a Federal commercial permit for Atlantic dolphin and wahoo. The purpose of this proposed rule is to reduce the chance of an in-season closure of the dolphin commercial sector as a result of the annual catch limit (ACL) being reached during the fishing year and to reduce the severity of social impacts caused by these closures.

[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Proposed Rules]
[Pages 42625-42628]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15494]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160302174-6174-01]
RIN 0648-BF81


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Dolphin and Wahoo Fishery Off the Atlantic States; Regulatory Amendment 
1

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 regulations to implement Regulatory Amendment 1 
for the Fishery Management Plan (FMP) for the Dolphin and Wahoo Fishery 
off the Atlantic States (Regulatory Amendment 1) as prepared and 
submitted by the South Atlantic Fishery Management Council (Council). 
If implemented, this proposed rule would establish a commercial trip 
limit for Atlantic dolphin for vessels with a Federal commercial permit 
for Atlantic dolphin and wahoo. The purpose of this

[[Page 42626]]

proposed rule is to reduce the chance of an in-season closure of the 
dolphin commercial sector as a result of the annual catch limit (ACL) 
being reached during the fishing year and to reduce the severity of 
social impacts caused by these closures.

DATES: Written comments must be received on or before August 1, 2016.

ADDRESSES: You may submit comments on the proposed rule, identified by 
``NOAA-NMFS-2016-0033'' 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-2016-0033, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Karla Gore, 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 otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in required fields if you wish to remain 
anonymous).
    Electronic copies of Regulatory Amendment 1, which includes an 
environmental assessment, an assessment under the Regulatory 
Flexibility Act, a regulatory impact review, and fishery impact 
statement, may be obtained from www.regulations.gov or the Southeast 
Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/dw/2016/reg_am1/documents/pdfs/dw_reg_am1.pdf.

FOR FURTHER INFORMATION CONTACT: Karla Gore, NMFS SERO, telephone: 727-
551-5753, or email: [email protected].

SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery of the 
Atlantic is managed under the FMP. The FMP was prepared by the Council 
and implemented through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Steven Act).

Background

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are 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, while also 
protecting marine ecosystems.
    In 2015, the commercial sector for Atlantic dolphin was closed on 
June 30, 2015 (80 FR 36932, June 29, 2015), as a result of the 
commercial ACL being met, thereby triggering accountability measures 
(AMs) and closing the sector. This was the first time the dolphin 
commercial fishing season was closed as a result of AMs in the history 
of management of Atlantic dolphin under the FMP. Regulatory Amendment 1 
and this proposed rule would establish a commercial trip limit for 
Atlantic dolphin once 75 percent of the commercial ACL is met. The 
dolphin commercial ACL had already been increased from 1,157,001 lb 
(524,807 kg), round weight, to 1,534,485 lb (696,031 kg), round weight, 
by the final rule for Amendment 8 to the FMP (81 FR 3781, January 22, 
2016). The Council has determined that this proposed action would 
reduce the severity of social impacts of an AM closure of the dolphin 
commercial sector by increasing the likelihood that the commercial 
sector will remain open throughout the fishing year.

Management Measures Contained in This Proposed Rule

    This proposed rule would establish a commercial trip limit for 
dolphin for vessels that have a Federal commercial permit for Atlantic 
dolphin and wahoo.

Dolphin Commercial Trip Limit

    Currently, no commercial trip limit exists for vessels that possess 
a Federal commercial permit for Atlantic dolphin and wahoo. However, 
there is a commercial trip limit of 200 lb (91 kg) of dolphin and 
wahoo, combined, for vessels that do not have a Federal commercial 
permit for Atlantic dolphin and wahoo but do have a Federal commercial 
permit in any other fishery, provided that all fishing and landings 
from that trip occur north of 39[deg] N. lat. (50 CFR 622.278(a)(2)). 
This proposed rule would establish a commercial trip limit of 4,000 lb 
(1,814 kg), round weight, for the dolphin commercial sector in the 
Atlantic, once 75 percent of the commercial ACL is reached. This trip 
limit would apply to vessels that have a Federal commercial permit for 
Atlantic dolphin and wahoo, provided that the vessel is not operating a 
charter vessel or headboat. There would be no applicable trip limit for 
the dolphin commercial sector in the Atlantic prior to 75 percent of 
the commercial ACL being reached. The Council determined that 
establishing this commercial trip limit would reduce the chances of 
early closures during the fishing year as a result of AMs being 
triggered, and thereby reduce the severity of any socioeconomic impacts 
as a result of a commercial sector closure.

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 Regulatory Amendment 1, 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 rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this determination is as follows:
    A description of this proposed rule, why it is being considered, 
the objectives of, and legal basis for this proposed rule are contained 
in the preamble and in the SUMMARY section of the preamble of this 
proposed rule. The Magnuson-Stevens Act provides the basis for this 
proposed rule.
    This proposed rule is expected to directly affect federally 
permitted Atlantic dolphin and wahoo commercial fishermen fishing for 
dolphin in the South Atlantic and northeastern states (states north of 
North Carolina) (Atlantic). The Small Business Administration 
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 its combined annual receipts are not in excess of 
$20.5 million (NAICS code 114111, finfish fishing) for all of its 
affiliated operations worldwide.
    From 2010 through 2014, an average of 531 vessels with the Federal

[[Page 42627]]

commercial permit for Atlantic dolphin and wahoo that landed at least 1 
lb (0.45 kg) of dolphin generated total combined revenues (2014 
dollars) of approximately $600,000 from dolphin, $3.87 million from 
other species jointly landed with dolphin, and $15.40 million from all 
other species in trips where dolphin was not caught. The average annual 
revenue per vessel from all species, including dolphin, caught by these 
vessels was $37,303. Of the 531 vessels, an average of 23 vessels used 
longline for harvesting dolphin and generated combined total revenues 
(2014 dollars) of approximately $361,000 from dolphin, $1.37 million 
from other species jointly landed with dolphin, and $1.89 million from 
all other species in trips where dolphin was not caught. The average 
annual revenue per longline vessel was $82,276 (2014 dollars). Vessels 
that caught and landed dolphin may also operate in other fisheries, the 
revenues of which are not known and are not reflected in these totals. 
Based on revenue information, all commercial vessels directly affected 
by this proposed rule may be assumed to be small entities.
    Because all entities expected to be directly affected by this 
proposed rule are assumed to be small entities, NMFS determined that 
this proposed rule would affect a substantial number of small entities. 
However, the issue of disproportionate effects on small versus large 
entities does not arise in the present case.
    This proposed rule would establish a 4,000 lb (1,814 kg), round 
weight, commercial trip limit for dolphin for vessels with a Federal 
commercial permit for Atlantic dolphin and wahoo, once 75 percent of 
the commercial ACL is reached.
    For the first time, the dolphin commercial sector was subject to an 
in-season closure on June 30, 2015, when the sector's ACL of 1,157,001 
lb (524,806 kg), round weight, was reached (80 FR 36249, June 24, 2015, 
and 80 FR 36932, June 29, 2015). However, the recently implemented 
final rule for Amendment 8 to the FMP increased the dolphin commercial 
ACL from 1,157,001 lb (524,807 kg), round weight, to 1,534,485 lb 
(696,031 kg), round weight (81 FR 3781, January 22, 2016). Using 2015 
data for the months open to commercial dolphin harvest during the 
fishing year and average 2010-2014 data for the months closed to 
dolphin harvest, NMFS estimated that in the absence of AM closures and 
commercial trip limits the 2015 commercial landings would have been 
approximately 1,229,669 lb (557,768 kg), round weight, with a dockside 
value of $3,725,896 (2014 dollars). Thus, if the increased dolphin 
commercial allocation had been in effect in 2015, it is likely that no 
commercial closure would have occurred.
    Based on the increased commercial allocation, and assuming effort 
in 2016 and onwards would remain the same as estimated for the 2015 
fishing year, 75 percent of the commercial ACL would be estimated to be 
reached on August 25 each year, and the proposed trip limit would then 
apply for the rest of the fishing year. The projected landings under 
this scenario would be 1,229,669 lb (557,768 kg), round weight, with a 
dockside value of $3,725,896 (2014 dollars). Thus, the proposed trip 
limit would not result in any reduction in total landings or revenues.
    Although total landings or revenues would not be adversely 
affected, the proposed trip limit would be expected to have 
disproportionate impacts on vessels, with high-volume vessels such as 
those using longline gear more adversely affected than others. However, 
based on the estimated landings and effort distribution by gear type 
for 2015, the proposed trip limit would not be expected to adversely 
affect the trips and landings of any vessel regardless of the gear type 
they used.
    Possibilities exist that the dolphin commercial sector may increase 
future effort and landings so that the total harvest could reach or 
exceed the commercial ACL if unrestrained by a trip limit. The harvest 
closure in 2015, even though it happened before the increase in the 
commercial ACL took effect, could motivate current participants to 
increase their effort to take advantage of fishing opportunities before 
harvest is prohibited. Because the Atlantic dolphin and wahoo 
commercial permit is an open access permit, new entrants, particularly 
longliners that fish for highly migratory species, could enter the 
dolphin and wahoo fishery and increase total effort and harvest. If 
this occurs, the proposed trip limits could constrain total harvest and 
prolong the commercial season. Total revenues for a fishing year would 
be expected to be higher, so long as the higher landings do not 
substantially depress the dockside price for dolphin. It cannot be 
determined, however, if higher revenues would translate to higher 
profits because the trip limit would reduce profit per trip. However, 
based on available data, NMFS analysis is that the proposed trip limit 
may be expected to have no adverse effects on vessel revenues, and 
thus, the proposed trip limit may be considered as a precautionary 
measure at this time and will not have a significant economic impact on 
the affected small entities.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified. In addition, no new reporting, recordkeeping, or other 
compliance requirements are introduced by this proposed rule. 
Accordingly, this rule does not implicate the Paperwork Reduction Act.
    The information provided above supports a determination that this 
rule would not have a significant economic impact on a substantial 
number of small entities. Because this rule, if implemented, is not 
expected to have a significant economic impact on any small entities, 
an initial regulatory flexibility analysis is not required and none has 
been prepared.

List of Subjects in 50 CFR Part 622

    Commercial, Dolphin, Fisheries, Fishing, Trip limits.

    Dated: June 23, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, NMFS proposes to amend 50 
CFR part 622 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.  622.278, revise paragraph (a) to read as follows:


Sec.  622.278  Commercial trip limits.

* * * * *
    (a) Trip-limited permits--(1) Atlantic wahoo. (i) The trip limit 
for wahoo in or from the Atlantic EEZ is 500 lb (227 kg). This trip 
limit applies to a vessel that has a Federal commercial permit for 
Atlantic dolphin and wahoo, provided that the vessel is not operating 
as a charter vessel or headboat.
    (ii) See Sec.  622.280(b)(1) for the limitations regarding wahoo 
after the ACL is reached.
    (2) The trip limit for a vessel that does not have a Federal 
commercial vessel permit for Atlantic dolphin and wahoo but has a 
Federal commercial vessel permit in any other fishery is 200 lb (91 kg) 
of dolphin and wahoo, combined, provided that all fishing on and 
landings from that trip are north of 39[deg] N. lat. (A charter vessel/
headboat permit is not a commercial vessel permit.)
    (3) Atlantic dolphin. (i) Once 75 percent of the ACL specified in

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Sec.  622.280(a)(1)(i) is reached, the trip limit is 4,000 lb (1,814 
kg), round weight. When the conditions in this paragraph (a)(3)(i) have 
been met, the Assistant Administrator will implement this trip limit by 
filing a notification with the Office of the Federal Register. This 
trip limit applies to a vessel that has a Federal commercial permit for 
Atlantic dolphin and wahoo, provided that the vessel is not operating 
as a charter vessel or headboat.
    (ii) See Sec.  622.280(a)(1) for the limitations regarding dolphin 
after the ACL is reached.
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[FR Doc. 2016-15494 Filed 6-29-16; 8:45 am]
 BILLING CODE 3510-22-P