81 FR 62069 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 174 (September 8, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 174 (September 8, 2016)
| Page Range | 62069-62071 | |
| FR Document | 2016-21620 |
[Federal Register Volume 81, Number 174 (Thursday, September 8, 2016)] [Proposed Rules] [Pages 62069-62071] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21620] [[Page 62069]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160630573-6573-01] RIN 0648-BG19 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management Measures AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes to implement management measures described in Amendment 45 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 45). This proposed rule would extend the 3-year sunset provision for the Gulf of Mexico (Gulf) red snapper recreational sector separation measures for an additional 5 years. Additionally, this rule would correct an error in the Gulf red snapper recreational accountability measures (AMs). The purpose of this proposed rule is to extend the sector separation measures to allow the Council more time to consider and possibly develop alternative management strategies within the Gulf red snapper recreational sector. DATES: Written comments must be received on or before October 24, 2016. ADDRESSES: You may submit comments on the amendment identified by ``NOAA-NMFS-2016-0089'' 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-2016-0089, 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 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 45, which includes an environmental assessment, 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. 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, which includes red snapper, 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 Fishery Conservation and Management Act (Magnuson-Stevens 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 (OY) from federally managed fish stocks. 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. In meeting these requirements, Amendment 45 would extend a sunset provision implemented through the final rule for Amendment 40 to the FMP (80 FR 22422, April 22, 2015) for an additional 5 years. Amendment 40 established distinct private angling and Federal for- hire (charter vessel and headboat) components of the Gulf reef fish recreational sector fishing for red snapper, and allocated red snapper resources between these recreational components. The purpose for establishing these separate recreational components was to provide a basis for increasing the stability for the for-hire component and the flexibility in future management of the recreational sector, and to reduce the likelihood of recreational red snapper quota overruns, which could jeopardize the rebuilding of the red snapper stock (the Gulf red snapper stock is currently overfished and is under a rebuilding plan). As a result of the stock status, the actions in Amendment 40 were also intended to prevent overfishing while achieving the OY and rebuilding the red snapper stock, particularly with respect to recreational fishing opportunities. Amendment 40 defined the Federal for-hire component as including operators of vessels with Federal charter vessel/headboat permits for Gulf reef fish and their angler clients. The private angling component was defined as including anglers fishing from private vessels and state-permitted for-hire vessels. Amendment 40 allocated the red snapper recreational quota between the Federal for-hire and private angling components at 42.3 and 57.7 percent, respectively. The allocation was derived by using historical and recent time series of recreational landings. Amendment 40 also established accountability measures for the Gulf red snapper recreational components. The component allocation was applied to the red snapper recreational annual catch target (ACT), which is set 20 percent below the recreational annual catch limit. Both components' Federal red snapper seasons begin on June 1 and close when the respective component's ACT is projected to be met. Amendment 40 also applied a 3-year sunset provision for the regulations implemented through its final rule. The sunset provision maintained the measures for sector separation through the end of the 2017 fishing year, on December 31, 2017. The 3-year sunset provision in Amendment 40 was included to provide an incentive for the Council to continue to evaluate alternative management measures or programs for the recreational sector. Unless modified, after the 2017 fishing year, on January 1, 2018, the management measures implemented through Amendment 40 will expire and the recreational sector will be managed as a single entity. The Council is currently working to develop and approve other amendments to address the management of the charter and headboat fishing within the Federal for-hire component (Amendments 41 and 42 to the FMP, respectively). The development of these amendments is taking longer than the Council anticipated, and if approved by NMFS, would likely not be effective until after the sector separation provisions expire at the end of the 2017 fishing year (December 31, 2017). Therefore, through Amendment 45, the Council determined there was a need to extend the sunset provision to allow for additional time to [[Page 62070]] consider and possibly implement alternative management strategies within the Gulf red snapper recreational sector. Management Measure Contained in This Proposed Rule Amendment 45 would extend the 3-year sunset provision for separation of the Federal for-hire and private angling recreational components for Gulf red snapper and associated management measures for an additional 5 years. This proposed rule would extend Gulf recreational red snapper sector separation through the end of the 2022 fishing year, on December 31, 2022, rather than the current sunset date of December 31, 2017. Beginning on January 1, 2023, the red snapper recreational sector would be managed as a single entity without the Federal for-hire and private angling components. The Council would need to take further action for these recreational components and management measures to extend beyond the 5-year extension proposed in Amendment 45. Additionally, as a result of extending the sunset provision for sector separation, this proposed rule would extend the respective red snapper recreational component quotas and ACTs through the 2022 fishing year, instead of through the 2017 fishing year as implemented through Amendment 40. As described above, extending the duration of the Gulf red snapper recreational sunset provision would give the Council additional flexibility in developing alternative management approaches for red snapper. Additional Proposed Changes to Codified Text On May 1, 2015, NMFS published the final rule for a framework action to revise the Gulf red snapper commercial and recreational quotas and ACTs, including the recreational component ACTs, and to announce the closure dates for the recreational sector components for the 2015 fishing year (80 FR 24832). However, during the implementation of the framework action, the term and regulatory reference for total recreational quota was inadvertently used instead of total recreational ACT when referring to the applicability of the recreational component ACTs after sector separation ends in Sec. 622.41(q)(2)(iii)(B) and (C). This rule corrects this error by revising the text and regulatory references within the component ACTs to reference the total recreational sector ACT instead of the total recreational quota in Sec. 622.41(q)(2)(iii)(B) and (C). Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the the FMP, other provisions of the Magnuson-Stevens Act, and other applicable laws, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if implemented, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows: The purpose of this proposed rule is to extend the sunset provision that would end the distinct private angling and Federal for-hire components (sector separation) of the red snapper recreational sector. This would allow more time for the Council to develop and potentially implement Federal for-hire and private angling component management measures to better prevent overfishing while achieving the OY on a continuing basis, particularly with respect to recreational opportunities, and while rebuilding the red snapper stock. The Magnuson-Stevens Act provides the statutory basis for this proposed rule. This proposed rule, if implemented, would directly affect all vessels with a Gulf Federal charter vessel/headboat reef fish permit (hereafter referred to as a for-hire permit). Headboats, which charge a fee per passenger, and charter vessels, which charge a fee on a whole vessel basis, are types of vessel operations that participate in the for-hire fishing component of the recreational sector. In addition to the difference in how fees are paid, headboats are generally larger and carry more passengers than charter vessels. A for-hire permit is required for for-hire vessels to harvest reef fish species, including red snapper, in the Gulf Exclusive Economic Zone (EEZ). On February 17, 2016, there were 1,312 valid (non-expired) or renewable for-hire permits. A renewable permit is an expired permit that may not be actively fished, but is renewable for up to 1 year after expiration. Although the for-hire permit application collects information on the primary method of operation, the permit itself does not identify the permitted vessel as either a headboat or a charter vessel and vessels may operate in both capacities. However, only federally permitted headboats are required to submit harvest and effort information to the NMFS Southeast Region Headboat Survey (SRHS). Participation in the SRHS is based on determination by the Southeast Fishery Science Center that the vessel primarily operates as a headboat. Sixty-nine Gulf vessels were registered in the SHRS as of February 2016. As a result, the estimated 1,312 vessels expected to be directly affected by this proposed rule are expected to consist of 1,243 charter vessels and 69 headboats. The average charter vessel is estimated to receive approximately $83,000 (2015 dollars) in annual revenue. The average headboat is estimated to receive approximately $252,000 (2015 dollars) in annual revenue. NMFS has not identified any other small entities that would be expected to be directly affected by this proposed rule. Although this proposed rule would also directly affect recreational anglers, recreational anglers are not small entities under the RFA. The Small Business Administration has established size criteria for all major industry sectors in the U.S. A business involved in the for- hire fishing industry 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 $7.5 million (NAICS code 487210, for-hire businesses) for all its affiliated operations worldwide. All for-hire fishing businesses expected to be directly affected by this proposed rule are believed to be small business entities. This proposed rule consists of one action that would extend the sunset date of the sector separation provisions for the recreational harvest of red snapper in the Gulf, and correct the Gulf red snapper recreational sector AMs. Sector separation is scheduled to sunset at the end of 2017 fishing year. This proposed rule would extend the sunset date for an additional 5 years, through the 2022 fishing year. As a part of sector separation there are sector allocations, which allow each sector to have distinct seasons unaffected (in the short term) by the harvest activity by the other sector, and accountability measures intended to restrain each sector to its allocation and help ensure that the potential benefits expected to accrue to sector separation are realized. Sector separation also established a platform which enables management changes that may result in increased economic benefits to the affected small entities. These effects would be a direct effect of these management changes, as they are [[Page 62071]] implemented, and not of this proposed rule. The current sector separation sunset date provision limits the cumulative amount and duration of these positive economic effects. The 3-year duration of sector separation as is currently in place is insufficient time to conduct substantive evaluation of each sector's needs, develop and implement appropriate sector-specific management measures, and allow the measures to remain in effect long enough for the benefits to be realized. Additionally, the imminent lapse of the 3- year sunset provision is believed to be a disincentive for business owners to make substantive financial or other operational decisions that may improve the economic viability of their business. Extending the sunset date for an additional 5 years would be expected to result in increased economic benefits to for-hire small business entities because it would lengthen their planning horizon and opportunity to make beneficial operational changes and would increase the management flexibility to implement sector-specific measures designed to increase the economic benefits accruing to both the for-hire and private angling components. It is not feasible to generate quantitative estimates of the expected economic benefits expected to accrue to these small for-hire business entities as a result of the proposed change in the sunset date because of an inability to forecast the behavioral changes by the for- hire businesses or the anglers who hire their services, and the absence of detail on, or schedule of implementation of, the sector-specific management measures that may be implemented. Nevertheless, the net effect of the proposed change in the sunset date of sector separation is expected to be an increase in profit per affected small entity. The proposed change to the Gulf red snapper recreational sector AMs would be administrative, not substantive, in nature, correcting text and regulatory reference errors made in prior rulemaking. These errors have not affected how the recreational harvest of red snapper has been managed or the behavior of any small entities engaged in the recreational harvest of red snapper. The proposed corrections are consistent with the intent of the prior rulemaking (80 FR 24832, May 1, 2015) and would not be expected to have any direct effect on any small entities. Based on the discussion above, NMFS determines that this proposed rule, if implemented, would result in an increase in revenue and associated profits and would not have a significant adverse economic effect on a substantial number of small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Gulf, Quotas, Recreational, Red snapper. Dated: August 31, 2016. Samuel D. Rauch III, Deputy Assitant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is proposed to be amended as follows: PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 0 1. The authority citation for part 622 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. In Sec. 622.39, revise paragraphs (a)(2)(i)(B) and (C) to read as follows: Sec. 622.39 Quotas. * * * * * (a) * * * (2) * * * (i) * * * (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 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational quota, specified in paragraph (a)(2)(i)(A) of this section, 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 years 2017 through 2022--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 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational quota, specified in paragraph (a)(2)(i)(A) of this section, 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 years 2017 through 2022--4.083 million lb (1.852 million kg), round weight. * * * * * 0 3. In Sec. 622.41, revise paragraphs (q)(2)(iii)(B) and (C) to read as follows: Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). * * * * * (q) * * * (2) * * * (iii) * * * (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 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational ACT, specified in paragraph (q)(2)(iii)(A) of this section, 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 years 2017 through 2022--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 through 2022 fishing years. For the 2023 and subsequent fishing years, the applicable total recreational ACT, specified in paragraph (q)(2)(iii)(A) of this section, 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 years 2017 through 2022--3.266 million lb (1.481 million kg), round weight. [FR Doc. 2016-21620 Filed 9-7-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules 62069
DEPARTMENT OF COMMERCE viewing on www.regulations.gov of the red snapper stock (the Gulf red
without change. All personal identifying snapper stock is currently overfished
National Oceanic and Atmospheric information (e.g., name, address, etc.), and is under a rebuilding plan). As a
Administration confidential business information, or result of the stock status, the actions in
otherwise sensitive information Amendment 40 were also intended to
50 CFR Part 622 submitted voluntarily by the sender will prevent overfishing while achieving the
[Docket No. 160630573–6573–01] be publicly accessible. NMFS will OY and rebuilding the red snapper
accept anonymous comments (enter ‘‘N/ stock, particularly with respect to
RIN 0648–BG19 A’’ in the required fields if you wish to recreational fishing opportunities.
remain anonymous). Electronic copies Amendment 40 defined the Federal
Fisheries of the Caribbean, Gulf of of Amendment 45, which includes an for-hire component as including
Mexico, and South Atlantic; Reef Fish environmental assessment, a fishery operators of vessels with Federal charter
Fishery of the Gulf of Mexico; Red impact statement, a Regulatory vessel/headboat permits for Gulf reef
Snapper Management Measures Flexibility Act (RFA) analysis, and a fish and their angler clients. The private
AGENCY: National Marine Fisheries regulatory impact review, may be angling component was defined as
Service (NMFS), National Oceanic and obtained from the Southeast Regional including anglers fishing from private
Atmospheric Administration (NOAA), Office Web site at http:// vessels and state-permitted for-hire
Commerce. sero.nmfs.noaa.gov. vessels. Amendment 40 allocated the
red snapper recreational quota between
ACTION: Proposed rule; request for FOR FURTHER INFORMATION CONTACT:
the Federal for-hire and private angling
comments. Peter Hood, Southeast Regional Office, components at 42.3 and 57.7 percent,
NMFS, telephone: 727–824–5305; email: respectively. The allocation was derived
SUMMARY: NMFS proposes to implement Peter.Hood@noaa.gov.
management measures described in by using historical and recent time
SUPPLEMENTARY INFORMATION: NMFS and series of recreational landings.
Amendment 45 to the Fishery
the Council manage the Gulf reef fish Amendment 40 also established
Management Plan for the Reef Fish
fishery, which includes red snapper, accountability measures for the Gulf red
Resources of the Gulf of Mexico (FMP),
under the FMP. The Council prepared snapper recreational components. The
as prepared by the Gulf of Mexico
the FMP and NMFS implements the component allocation was applied to
Fishery Management Council (Council)
FMP through regulations at 50 CFR part the red snapper recreational annual
(Amendment 45). This proposed rule
622 under the authority of the catch target (ACT), which is set 20
would extend the 3-year sunset
Magnuson Stevens Fishery Conservation percent below the recreational annual
provision for the Gulf of Mexico (Gulf)
and Management Act (Magnuson- catch limit. Both components’ Federal
red snapper recreational sector
Stevens Act). red snapper seasons begin on June 1 and
separation measures for an additional 5
years. Additionally, this rule would Background close when the respective component’s
correct an error in the Gulf red snapper ACT is projected to be met.
The Magnuson-Stevens Act requires Amendment 40 also applied a 3-year
recreational accountability measures NMFS and regional fishery management sunset provision for the regulations
(AMs). The purpose of this proposed councils to prevent overfishing and implemented through its final rule. The
rule is to extend the sector separation achieve, on a continuing basis, the sunset provision maintained the
measures to allow the Council more optimum yield (OY) from federally measures for sector separation through
time to consider and possibly develop managed fish stocks. These mandates the end of the 2017 fishing year, on
alternative management strategies are intended to ensure fishery resources December 31, 2017.
within the Gulf red snapper recreational are managed for the greatest overall The 3-year sunset provision in
sector. benefit to the nation, particularly with Amendment 40 was included to provide
DATES: Written comments must be respect to providing food production an incentive for the Council to continue
received on or before October 24, 2016. and recreational opportunities, and to evaluate alternative management
ADDRESSES: You may submit comments protecting marine ecosystems. In measures or programs for the
on the amendment identified by meeting these requirements, recreational sector. Unless modified,
‘‘NOAA–NMFS–2016–0089’’ by either Amendment 45 would extend a sunset after the 2017 fishing year, on January
of the following methods: provision implemented through the 1, 2018, the management measures
• Electronic Submission: Submit all final rule for Amendment 40 to the FMP implemented through Amendment 40
electronic public comments via the (80 FR 22422, April 22, 2015) for an will expire and the recreational sector
Federal e-Rulemaking Portal. Go to additional 5 years. will be managed as a single entity. The
www.regulations.gov/ Amendment 40 established distinct Council is currently working to develop
#!docketDetail;D=NOAA-NMFS-2016- private angling and Federal for-hire and approve other amendments to
0089, click the ‘‘Comment Now!’’ icon, (charter vessel and headboat) address the management of the charter
complete the required fields, and enter components of the Gulf reef fish and headboat fishing within the Federal
or attach your comments. recreational sector fishing for red for-hire component (Amendments 41
• Mail: Submit written comments to snapper, and allocated red snapper and 42 to the FMP, respectively). The
Peter Hood, Southeast Regional Office, resources between these recreational development of these amendments is
NMFS, 263 13th Avenue South, St. components. The purpose for taking longer than the Council
mstockstill on DSK3G9T082PROD with PROPOSALS
Petersburg, FL 33701. establishing these separate recreational anticipated, and if approved by NMFS,
Instructions: Comments sent by any components was to provide a basis for would likely not be effective until after
other method, to any other address or increasing the stability for the for-hire the sector separation provisions expire
individual, or received after the end of component and the flexibility in future at the end of the 2017 fishing year
the comment period, may not be management of the recreational sector, (December 31, 2017). Therefore, through
considered by NMFS. All comments and to reduce the likelihood of Amendment 45, the Council determined
received are a part of the public record recreational red snapper quota overruns, there was a need to extend the sunset
and will generally be posted for public which could jeopardize the rebuilding provision to allow for additional time to
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![Federal Register / Vol. 81, No. 174 / Thursday, September 8, 2016 / Proposed Rules 62071
implemented, and not of this proposed profits and would not have a significant (1) For fishing year 2015—4.043
rule. adverse economic effect on a substantial million lb (1.834 million kg), round
The current sector separation sunset number of small entities. As a result, an weight.
date provision limits the cumulative initial regulatory flexibility analysis is (2) For fishing year 2016—4.150
amount and duration of these positive not required and none has been million lb (1.882 million kg), round
economic effects. The 3-year duration of prepared. weight.
sector separation as is currently in place (3) For fishing years 2017 through
is insufficient time to conduct List of Subjects in 50 CFR Part 622
2022—4.083 million lb (1.852 million
substantive evaluation of each sector’s Fisheries, Fishing, Gulf, Quotas, kg), round weight.
needs, develop and implement Recreational, Red snapper.
appropriate sector-specific management * * * * *
Dated: August 31, 2016.
measures, and allow the measures to ■ 3. In § 622.41, revise paragraphs
Samuel D. Rauch III, (q)(2)(iii)(B) and (C) to read as follows:
remain in effect long enough for the
Deputy Assitant Administrator for Regulatory
benefits to be realized. Additionally, the
Programs, National Marine Fisheries Service. § 622.41 Annual catch limits (ACLs),
imminent lapse of the 3-year sunset annual catch targets (ACTs), and
provision is believed to be a For the reasons set out in the
accountability measures (AMs).
disincentive for business owners to preamble, 50 CFR part 622 is proposed
to be amended as follows: * * * * *
make substantive financial or other
operational decisions that may improve (q) * * *
the economic viability of their business. PART 622—FISHERIES OF THE (2) * * *
Extending the sunset date for an CARIBBEAN, GULF OF MEXICO, AND (iii) * * *
additional 5 years would be expected to SOUTH ATLANTIC
(B) Federal charter vessel/headboat
result in increased economic benefits to ■ 1. The authority citation for part 622 component ACT. The Federal charter
for-hire small business entities because continues to read as follows: vessel/headboat component ACT
it would lengthen their planning applies to vessels that have been issued
horizon and opportunity to make Authority: 16 U.S.C. 1801 et seq.
a valid Federal charter vessel/headboat
beneficial operational changes and ■ 2. In § 622.39, revise paragraphs permit for Gulf reef fish any time during
would increase the management (a)(2)(i)(B) and (C) to read as follows: the fishing year. This component ACT is
flexibility to implement sector-specific effective for only the 2015 through 2022
§ 622.39 Quotas.
measures designed to increase the fishing years. For the 2023 and
economic benefits accruing to both the * * * * *
subsequent fishing years, the applicable
for-hire and private angling (a) * * *
total recreational ACT, specified in
components. (2) * * *
paragraph (q)(2)(iii)(A) of this section,
It is not feasible to generate (i) * * *
(B) Federal charter vessel/headboat will apply to the recreational sector.
quantitative estimates of the expected
component quota. The Federal charter (1) For fishing year 2015—2.371
economic benefits expected to accrue to
vessel/headboat component quota million lb (1.075 million kg), round
these small for-hire business entities as
applies to vessels that have been issued weight.
a result of the proposed change in the
sunset date because of an inability to a valid Federal charter vessel/headboat (2) For fishing year 2016—2.434
forecast the behavioral changes by the permit for Gulf reef fish any time during million lb (1.104 million kg), round
for-hire businesses or the anglers who the fishing year. This component quota weight.
hire their services, and the absence of is effective for only the 2015 through (3) For fishing years 2017 through
detail on, or schedule of 2022 fishing years. For the 2023 and 2022—2.395 million lb (1.086 million
implementation of, the sector-specific subsequent fishing years, the applicable kg), round weight.
management measures that may be total recreational quota, specified in (C) Private angling component ACT.
implemented. Nevertheless, the net paragraph (a)(2)(i)(A) of this section, The private angling component ACT
effect of the proposed change in the will apply to the recreational sector. applies to vessels that fish under the bag
sunset date of sector separation is (1) For fishing year 2015—2.964 limit and have not been issued a Federal
expected to be an increase in profit per million lb (1.344 million kg), round charter vessel/headboat permit for Gulf
affected small entity. weight. reef fish any time during the fishing
The proposed change to the Gulf red (2) For fishing year 2016—3.042 year. This component ACT is effective
snapper recreational sector AMs would million lb (1.380 million kg), round for only the 2015 through 2022 fishing
be administrative, not substantive, in weight. years. For the 2023 and subsequent
nature, correcting text and regulatory (3) For fishing years 2017 through fishing years, the applicable total
reference errors made in prior 2022—2.993 million lb (1.358 million recreational ACT, specified in paragraph
rulemaking. These errors have not kg), round weight. (q)(2)(iii)(A) of this section, will apply
affected how the recreational harvest of (C) Private angling component quota. to the recreational sector.
red snapper has been managed or the The private angling component quota (1) For fishing year 2015—3.234
behavior of any small entities engaged applies to vessels that fish under the bag million lb (1.467 million kg), round
in the recreational harvest of red limit and have not been issued a Federal weight.
snapper. The proposed corrections are charter vessel/headboat permit for Gulf
mstockstill on DSK3G9T082PROD with PROPOSALS
reef fish any time during the fishing (2) For fishing year 2016—3.320
consistent with the intent of the prior
year. This component quota is effective million lb (1.506 million kg), round
rulemaking (80 FR 24832, May 1, 2015)
for only the 2015 through 2022 fishing weight.
and would not be expected to have any
direct effect on any small entities. years. For the 2023 and subsequent (3) For fishing years 2017 through
Based on the discussion above, NMFS fishing years, the applicable total 2022—3.266 million lb (1.481 million
determines that this proposed rule, if recreational quota, specified in kg), round weight.
implemented, would result in an paragraph (a)(2)(i)(A) of this section, [FR Doc. 2016–21620 Filed 9–7–16; 8:45 am]
increase in revenue and associated will apply to the recreational sector. BILLING CODE 3510–22–P
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Document Created: 2018-02-09 13:12:34
Document Modified: 2018-02-09 13:12:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Written comments must be received on or before October 24, 2016. | |
| Contact | Peter Hood, Southeast Regional Office, NMFS, telephone: 727-824-5305; email: [email protected] | |
| FR Citation | 81 FR 62069 | |
| RIN Number | 0648-BG19 | |
| CFR Associated | Fisheries; Fishing; Gulf; Quotas; Recreational and Red Snapper |
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