75220 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 

known, and the specific impacts of 

climate change on Sclerocactus 

brevispinus are not known. Small 

population size and fragmentation, in 

combination with other natural factors 

such as limitations of the cacti’s 

pollinator’s range, may be impacting 

reproductive success. While the petition 

raises some interesting issues with 

respect to this factor, there is 

insufficient information to conclude 

that listing may be warranted based on 

this factor alone. 

Finding 

We have reviewed the petition and 

literature cited in the petition and 

evaluated that information in relation to 

other pertinent literature and 

information available in our files. After 

this review and evaluation, we find that 

the petition presents substantial 

information indicating that listing 

Sclerocactus brevispinus may be 

warranted. The petition provides 

substantial information supporting the 

present and threatened destruction of 

the species’ habitat from direct and 

indirect effects associated with energy 

development across more than 90 

percent of the species’ range. Illegal and 

unauthorized overcollection of the 

species for horticultural purposes also 

was identified in the petition and is 

verified by information in our files. As 

such, we are initiating a further status 

review of S. brevispinus to determine 

whether listing the species under the 

Act may be warranted. 

We also have reviewed the available 

information to determine if the existing 

and foreseeable threats pose an 

emergency to this species. We have 

determined that an emergency listing is 

not warranted at this time because the 

species receives current protection 

under the Act by its inclusion within 

the currently listed Sclerocactus glaucus 

complex. 

The petitioners also request that we 

designate critical habitat for this 

species. We always consider the need 

for critical habitat designation when 

listing species. If we determine in our 

12-month finding that listing 

Sclerocactus brevispinus is warranted, 

we will address the designation of 

critical habitat at the time of the 

proposed rulemaking. 

Public Comments Solicited 

Section 4(b)(3)(B) of the Act requires 

that we make a 12-month finding as to 

whether a petitioned action is (a) not 

warranted, (b) warranted, or (c) 

warranted but precluded by other 

pending proposals to determine whether 

other species are threatened or 

endangered, and we are making 

expeditious progress to list or delist 

qualified species. The 12-month finding 

is based on a status review that is 

initiated by a positive 90-day finding. 

At this time, we are opening a 60-day 

comment period (see DATES) to allow 

all interested parties an opportunity to 

provide information on the status of S. 

brevispinus and on the 5-year review for 

the entire Sclerocactus glaucus complex 

(including S. glaucus, S. wetlandicus, 

and S. brevispinus), including potential 

threats to these cacti. We will base our 

12-month finding, and our 5-year review 

(as discussed previously), on a review of 

the best scientific and commercial 

information available, including the 

studies cited in this notice and all such 

information received during the public 

comment period. Information regarding 

the following topics would be 

particularly useful: (1) Species biology, 

including but not limited to population 

trends, distribution, abundance, 

demographics, genetics, and taxonomy, 

including any evaluations or reviews of 

the studies cited in this notice; (2) 

habitat conditions, including but not 

limited to amount, distribution, and 

suitability; (3) conservation measures 

that have been implemented that benefit 

the species; (4) threat status and trends; 

and (5) other new information or data. 

When our 12-month status review, 

and 5-year review, processes have been 

completed, our practice is to make 

comments, including names and home 

addresses of respondents, available for 

public review during regular business 

hours. Individual respondents may 

request that we withhold their names, 

home addresses, or other personal 

information, but if you wish us to 

consider withholding this information, 

you must state this prominently at the 

beginning of your comments. In 

addition, you must present a rationale 

for withholding this information. This 

rationale must demonstrate that 

disclosure would constitute a clearly 

unwarranted invasion of privacy. 

Unsupported assertions will not meet 

this burden. In the absence of 

exceptional, documentable 

circumstances, this information will be 

released. We will always make 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Please submit electronic comments in 

an ASCII or Microsoft Word file and 

avoid the use of any special characters 

or any form of encryption. Also, please 

include ‘‘Attn: Uinta Basin Hookless 

Cactus’’ or ‘‘Attn: Pariette Cactus’’ along 

with your name and return address in 

your e-mail message. If you do not 

receive a confirmation from the system 

that we have received your e-mail 

message, please submit your comments 

in writing using one of the alternate 

methods provided in the ADDRESSES

section. 

References Cited 

A complete list of all references cited 

herein is available, upon request, from 

the Utah Fish and Wildlife Service 

Office (see ADDRESSES). 

Author 

The primary author of this document 

is Larry England, Botanist, Utah 

Ecological Services Office, U.S. Fish and 

Wildlife Service (see ADDRESSES). 

Authority 

The authority for this action is section 

4 of the Endangered Species Act of 

1973, as amended (16 U.S.C. 1531 et 

seq.). 

Dated: December 7, 2006. 

Kenneth Stansell, 

Acting Director, Fish and Wildlife Service 

[FR Doc. E6–21259 Filed 12–13–06; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 061121304–6304–01; I.D. 

112006B] 

RIN 0648–AT87 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Gulf Red 

Snapper Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed temporary rule; 

request for comments. 

SUMMARY: This proposed rule would 

implement interim measures to reduce 

overfishing of Gulf red snapper. This 

proposed rule would reduce the 

commercial and recreational quotas for 

red snapper, reduce the commercial 

minimum size limit for red snapper, 

reduce the recreational bag limit for 

Gulf red snapper, prohibit the retention 

of red snapper under the bag limit for 

captain and crew of a vessel operating 

as a charter vessel or headboat, and 

establish a target level of reduction of 

shrimp trawl bycatch mortality of red 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 75221 

snapper. The public comment period on 

the proposed rule will end on January 

26, 2007, to provide the Gulf of Mexico 

Fishery Management Council and the 

public the opportunity to discuss and 

comment on the rule at the January 

Council meeting. The intended effect is 

to reduce overfishing of red snapper in 

the Gulf of Mexico. 

DATES: Written comments must be 

received on or before January 26, 2007. 

ADDRESSES: You may submit comments 

on the proposed rule by any of the 

following methods: 

• E-mail: 0648–

AT87.Proposed@noaa.gov. Include in 

the subject line the following document 

identifier: 0648–AT87. 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Peter Hood, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

• Fax: 727–824–5308; Attention: 

Peter Hood. 

Copies of documents supporting this 

proposed rule, which includes a draft 

environmental impact statement (DEIS), 

and an initial regulatory flexibility 

analysis (IRFA), may be obtained from 

Peter Hood, Southeast Regional Office, 

NMFS, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, telephone: 727–551–5784, 

fax: 727–824–5308, e-mail: 

peter.hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The red 

snapper fishery of the Gulf of Mexico is 

managed under the Fishery 

Management Plan (FMP) for the Reef 

Fish Fishery of the Gulf of Mexico and 

the shrimp fishery is managed under the 

FMP for the Shrimp Fishery of the Gulf 

of Mexico. The FMPs were prepared by 

the Gulf of Mexico Fishery Management 

Council (Council) and are implemented 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

Background 

The Gulf of Mexico red snapper stock 

is overfished and undergoing 

overfishing. Multiple fisheries influence 

the status of this stock, including the 

commercial and recreational red 

snapper fisheries, and the shrimp trawl 

fishery which takes red snapper 

incidentally when harvesting shrimp. 

The competing interests and goals of 

these multiple fisheries challenge 

fishery managers to balance multiple 

tradeoffs in rebuilding the red snapper 

stock. 

The first rebuilding plan established 

in 1990 has been revised several times, 

including extension of the target date for 

rebuilding the stock, in response to new 

data and assessments which have 

provided a better understanding of stock 

biomass and influencing factors, 

including shrimp trawl bycatch 

mortality. The current rebuilding plan, 

implemented in 2005, is designed to 

end overfishing in 2009/2010 and 

rebuild the stock by 2032 to the biomass 

level needed to allow harvest at 

maximum sustainable yield on a 

continuing basis. The most recent stock 

assessment (2005) indicates red snapper 

catch and discard mortality in the 

directed red snapper fishery and 

bycatch mortality rates in the shrimp 

fishery are jeopardizing the success of 

the current rebuilding plan. In the 

western Gulf, the shrimp trawl fishery 

represents the greatest source of red 

snapper fishing mortality, followed by 

the commercial red snapper directed 

fishery, whereas the directed red 

snapper recreational fishery represents 

the greatest source of fishing mortality 

in the eastern Gulf. The eastern Gulf and 

western Gulf are separated by the 

Mississippi River delta. 

At the August 2006 Council meeting, 

the Council voted to delay consideration 

of regulatory actions needed to address 

red snapper overfishing until more 

recent data and information become 

available for the directed red snapper 

and shrimp trawl fisheries. However, 

postponing development of a plan 

amendment would further delay 

progress in stock recovery because 

measures to address overfishing would 

not occur during the 2007 fishing 

season. 

To address overfishing of the red 

snapper stock for 2007, NMFS is 

proposing this rule that would reduce 

fishing mortality in 2007 and allow 

progress towards rebuilding this stock 

until more permanent measures could 

be established to end overfishing. This 

proposed rule would also address 

overfishing by establishing a red 

snapper bycatch reduction goal for the 

shrimp fishery. 

Provisions of This Proposed Rule 

This proposed rule would reduce 

fishing mortality on red snapper in 2007 

by reducing harvest and bycatch levels. 

Specifically, this proposed rule would: 

(1) reduce the red snapper total 

allowable catch (TAC) from 9.12 million 

lb (4.14 million kg) to 6.5 million lb (2.9 

million kg), whole weight, resulting in 

a commercial quota of 3.315 million lb 

(1.504 million kg) and a recreational 

quota of 3.185 million lb (1.445 million 

kg); (2) reduce the daily red snapper 

recreational bag limit from four to two 

fish per person; establish a 0–fish red 

snapper bag limit for the captain and 

crew of a vessel operating as a charter 

vessel or headboat; (3) reduce the 

commercial minimum size limit from 15 

inches (38 cm) to 13 inches (33 cm), 

total length; and (4) establish a target 

reduction goal for shrimp trawl bycatch 

mortality on red snapper that is 50 

percent less than shrimp trawl bycatch 

mortality during the 2001–2003 

benchmark years used in the 2005 stock 

assessment. 

Measures to Reduce Directed Fishing 

Mortality 

In developing this proposed rule, 

NMFS evaluated measures for TAC and 

the recreational fishery based on a 

qualitative assumption that some level 

of reduction in landings has occurred 

due to the direct effects of hurricanes 

and increased fuel costs during 2004 

and 2005. Sufficient data are not 

available at this time to quantify fully 

the precise level of reduction, although 

preliminary recreational data suggests a 

decrease in landings has occurred in 

2006. 

The Magnuson-Stevens Act requires 

that NMFS manage the red snapper 

fishery to ensure harvest is constrained 

to the available quotas. For the 

commercial fishery, the 3.315 million-lb 

(1.504 million-kg) quota will be 

managed through an individual fishing 

quota (IFQ) program beginning in 2007. 

For the recreational fishery, NMFS 

previously has employed bag limits, size 

limits, and seasonal closures in an effort 

to constrain harvest to the available 

quota while minimizing, to the extent 

practicable, the short-term adverse 

economic and social impacts. 

Reduction of TAC 

This proposed rule would reduce the 

red snapper TAC for 2007 to 6.5 million 

lb (2.9 million kg), which is 0.5 million 

lb (0.23 million kg) less than the 

maximum allowable biological catch 

(ABC). Based on the 2005 stock 

assessment, TACs greater than 5 million 

lb (2.3 million kg) would not be 

expected to end overfishing 

immediately. TACs set at 5 million lb 

(2.3 million kg) or less during 2007 

would end overfishing immediately, but 

only if all sources of fishing mortality 

(directed harvest, shrimp trawl bycatch, 

and closed season discards) could be 

reduced to the fishing mortality rate 

associated with harvesting the stock at 

the maximum sustainable yield. TACs 

greater than 5 million lb (2.3 million kg) 

but less than 7 million lb (3.2 million 

kg) would reduce fishing mortality and 

continue to allow rebuilding progress in 


jlentini on PROD1PC65 with PROPOSAL
75222 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 

2007 consistent with the current 

rebuilding plan which ends overfishing 

in 2009. The Council would need to 

recommend more permanent TACs 

within or below this range after 2007 to 

be consistent with the current 

rebuilding plan over the long-term. The 

higher the TAC is set in 2007, the lower 

the TAC will need to be set in the future 

to end overfishing by 2009 to maintain 

adequate progress under the current 

rebuilding plan. 

Bag Limit Reductions 

Assuming some level of reduction in 

recreational landings has occurred due 

to hurricanes and increased fuel prices, 

based on preliminary data, the 

combined effect of reducing the daily 

recreational bag limit from 4 to 2 fish 

per person and reducing the captain and 

crew bag limit for vessels operating as 

charter vessels or headboats to zero 

should control harvest sufficiently to 

ensure the recreational fishery remains 

within its 3.185 million-lb (1.445 

million-kg) recreational quota while 

maintaining the current recreational 

fishing season. Reducing the bag limit is 

estimated to achieve at least a 17–

percent reduction in harvest, and, 

therefore, would benefit red snapper 

stock recovery. Reducing the captain 

and crew bag limit to zero is estimated 

to reduce red snapper landings by 

approximately 2 percent. The reduction 

from these two measures, combined 

with the reduction in landings 

attributed to the effects of hurricanes 

and increased fuel prices, would allow 

the recreational fishery to maintain its 

current 194–day recreational fishing 

season (April 21 October 31) for 2007. 

Measures to Reduce Bycatch Mortality 

For the red snapper stock to recover 

in a manner consistent with the current 

rebuilding plan, bycatch mortality must 

be minimized. This proposed rule 

addresses two sources of bycatch 

mortality -discard mortality in the 

directed commercial fishery and 

bycatch mortality in the shrimp fishery. 

Reduction in the Commercial Minimum 

Size Limit 

To reduce the number of red snapper 

discarded dead in the directed 

commercial red snapper fishery, this 

proposed rule would reduce the 

commercial minimum size limit from 15 

to 13 inches (38 to 33 cm), total length. 

Red snapper discard mortality rates in 

the directed commercial fishery are very 

high--estimated to range between 71 and 

82 percent. By reducing the commercial 

minimum size limit, fish between 13 

and 15 inches (33 and 38 cm) would be 

retained and counted toward the quota 

rather than discarded, mostly dead, as 

bycatch. It is estimated that reducing the 

commercial minimum size limit by 2 

inches (5 cm) would reduce the 

commercial red snapper fishery’s dead 

discards by 40 to 60 percent. 

NMFS carefully considered reducing 

the recreational minimum size limit but 

is not proposing to do so in this 

rulemaking because there is currently 

no scientific information to indicate a 

reduction in the recreational minimum 

size limit would reduce overfishing. 

This rule is being promulgated 

consistent with the provision of section 

305(c) of the Magnuson-Stevens Act 

relating to interim measures needed to 

reduce overfishing. Measures that do 

not reduce overfishing would not be 

consistent with the regulatory authority 

provided in that provision of section 

305(c). 

Establishment of a Target Reduction for 

Shrimp Trawl Bycatch Mortality 

To facilitate reduction of red snapper 

bycatch mortality in the shrimp fishery, 

the proposed rule would establish a 

target reduction in the shrimp trawl red 

snapper bycatch mortality rate that is 50 

percent less than the bycatch mortality 

rate during the benchmark years, 2001–

2003, used in the 2005 red snapper 

stock assessment. This target reflects the 

level of shrimp trawl effort documented 

in 2005 in areas where red snapper are 

abundant in the western Gulf of Mexico, 

compared to the level of effort during 

the benchmark years. The target goal 

does not meet the current rebuilding 

plan target mortality reduction level 

necessary to rebuild the red snapper 

stock. However, preliminary 

information for 2006 suggests effort in 

the shrimp fishery has continued to 

decline in offshore waters of the western 

Gulf of Mexico. Therefore, similar to the 

assumption applied to the directed red 

snapper fishery, NMFS is making a 

qualitative assumption effort for 2006 

and 2007 will likely be less than the 

level of effort documented during 2005 

for areas where red snapper are 

commonly taken. Additional bycatch 

mortality reduction is expected from the 

introduction of new bycatch reduction 

devices (BRDs) for the fishery under a 

pending revision to the certification 

criterion for BRDs. In combination, 

NMFS estimates red snapper bycatch 

mortality attributable to the shrimp 

fishery over the next few years may 

closely approximate the needed 

reductions from the benchmark years of 

2001–2003, while allowing the industry 

some flexibility in achieving optimum 

yield, as it is currently defined for the 

fishery. 

The Council may recommend a 

different course of action for a long-term 

management strategy to control shrimp 

trawl bycatch mortality of red snapper; 

however, the proposed reduction target 

would provide an interim means to 

address shrimp trawl bycatch in 2007. 

NMFS intends to provide 2006 shrimp 

trawl effort information to the Council 

as soon as it is available. If shrimp effort 

for 2006 is above the target, the Council 

may recommend further action in 2007 

to maintain the proposed reductions in 

shrimp effort in areas of the western 

Gulf of Mexico where red snapper are 

most abundant. 

Future Action 

NMFS believes that this proposed rule 

is necessary to reduce overfishing of red 

snapper in the Gulf of Mexico. NMFS 

will consider all public comments 

received on this proposed rule in 

determining whether to proceed with a 

final rule and, if so, whether any 

revisions would be appropriate in the 

final rule. If NMFS issues a final rule, 

it would be effective for not more than 

180 days, as authorized by section 

305(c) of the Magnuson-Stevens Act. 

The final rule could be extended for an 

additional 180 days, provided that the 

public has had an opportunity to 

comment on the rule. 

NMFS acknowledges the need to 

continue monitoring all sources of red 

snapper mortality to determine the 

appropriate level of future actions 

necessary to ensure progress consistent 

with the stock rebuilding plan over the 

long term. 

Classification 

At this time, NMFS has not 

determined whether the interim 

measures which this proposed rule 

would implement, are consistent with 

the national standards of the MagnusonStevens Act and other applicable laws. 

NMFS, in making that determination, 

will take into account the data, views, 

and comments received during the 

comment period on this proposed rule. 

This proposed rule has been 

determined to be significant for 

purposes of Executive Order 12866. 

NMFS prepared a draft environmental 

impact statement (DEIS) for this action; 

a notice of availability was published on 

October 13, 2006 (71 FR 60509). 

NMFS prepared an IRFA, as required 

by section 603 of the Regulatory 

Flexibility Act, 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, and the objectives of, and 

legal basis for this action are contained 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 75223 

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. 

This proposed rule would reduce 

TAC in the red snapper fishery, lower 

the recreational red snapper bag limit to 

2 fish, lower the red snapper bag limit 

for captain and crew of a vessel 

operating as a charter vessel or headboat 

to 0 fish, reduce the red snapper 

minimum size limit in the commercial 

fishery to 13 inches (33 cm), and 

establish a reduction goal for red 

snapper bycatch mortality in the 

commercial shrimp fishery. The 

purpose for this action is to address 

overfishing of the red snapper stock on 

a temporary basis while the Council 

develops a comprehensive plan to 

reduce directed and incidental red 

snapper fishing mortality rates in the 

red snapper and shrimp fisheries. The 

Magnuson-Stevens Act provides the 

statutory basis for the proposed rule. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. 

This proposed action would be 

expected to impact red snapper 

commercial fishers and for-hire 

operators, and reef fish dealers and 

processors participating in the red 

snapper trade. The proposed action and 

certain proposed alternatives would also 

apply to the commercial shrimp fishery. 

However, these shrimp-related 

alternatives would either maintain the 

status quo, or otherwise accommodate 

current conditions, such that no direct 

impacts are expected to accrue at this 

time. Nevertheless, a description of the 

entities in the shrimp fishery is 

included in the following discussion. 

The Small Business Administration 

(SBA) has established size criteria for all 

major industry sectors in the U.S. 

including fish harvesters, for-hire 

operations, fish processors, and fish 

dealers. A business involved in fish 

harvesting is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $4.0 million 

(NAICS code 114111, finfish fishing) for 

all affiliated operations worldwide. For 

for-hire operations, the other qualifiers 

apply and the annual receipts threshold 

is $6.5 million (NAICS code 713990, 

recreational industries). For seafood 

processor and dealers, the SBA uses an 

employee threshold rather than a 

receipts threshold, or 500 or fewer 

persons on a full-time, part-time, 

temporary, or other basis, at all affiliated 

operations for a seafood processor and 

100 or fewer persons for a seafood 

dealer. 

Currently, 136 entities hold Class 1 

licenses that allow a commercial vessel 

trip limit of up to 2,000 lb (907 kg) of 

red snapper and 628 entities hold Class 

2 licenses that allow a trip limit of up 

to 200 lb (91 kg) of red snapper. 

Between 2002 and 2004, the top 50 red 

snapper vessels harvested a total of 2.77 

million lbs (1.26 million kg) of red 

snapper, on average, or 64 percent of the 

industry total. Vessels ranked 51 to 131 

harvested 1.29 million lbs (0.58 million 

kg), on average, or 30 percent of the 

industry total for the same period. In 

total, the top 131 vessels accounted for 

approximately 94 percent of the total 

red snapper commercial landings. Red 

snapper are mainly harvested by vertical 

line fishermen, who accounted for 

approximately 90 percent of commercial 

red snapper Gulf harvests, on average, 

between 2002 and 2004. 

Reported average annual gross 

receipts (2004 dollars) of commercial 

reef fish vessels in the GOM range from 

$24,095 for low-volume vertical line 

vessels to $116,989 for high-volume 

longline vessels. Annual net incomes 

range from $4,479 for low-volume 

vertical line vessels to $28,466 for highvolume vertical line vessels. Some fleet 

activity is known to exist in the 

commercial red snapper fishery, but the 

extent of such activity is unknown. The 

maximum number of reef fish permits 

reported owned by the same person/ 

entity is six permits. Additional permits 

(and the revenues associated with those 

permits) may be linked to an entity 

through affiliation rules, but such 

affiliation links cannot be made using 

existing data. A definitive determination 

of whether any commercial entities 

would be considered large entities 

cannot be made using average income 

information. However, based on the size 

and value of the commercial red 

snapper fishery (an average of 4.336 

million lb (1.967 million kg) and 

$11.652 million ex-vessel revenue per 

year, 2002–2004), the number of 

participants in the fishery (136 Class 1 

licenses and 628 Class 2 licenses), the 

summary statistics provided above, and 

maximum number of permits owned by 

a single entity, it is determined, for the 

purpose of this assessment, that all 

commercial reef fish harvest entities 

that would be affected by this action are 

small entities. 

Currently, 1,625 vessels are estimated 

to be permitted to operate in the Gulf 

reef fish fishery in the for-hire sector. 

Fleet behavior also exists in this sector, 

with at least one entity reported to hold 

12 permits. The bulk of the fishery, 

however, consists of single-permit 

operations. 

The for-hire fleet is comprised of 

charterboats, which charge a fee on a 

vessel basis, and headboats, which 

charge a fee on an individual angler 

(head) basis. The average charterboat is 

estimated to generate $76,960 in annual 

revenues and $36,758 in annual profits, 

whereas the appropriate values for the 

average headboat are $404,172 and 

$338,209, respectively. The calculation 

of costs does not include fixed and other 

non-operating expenses, which tend to 

be higher for headboats. 

Based on the average revenue figures, 

it is determined, for the purpose of this 

assessment, that all for-hire operations 

that would be affected by this action are 

small entities. 

The measures in this action would 

also be expected to affect fish dealers, 

particularly those that receive red 

snapper from harvesting vessels. Two 

hundred and twenty-seven dealers 

currently have the required Federal 

permit to buy and sell commercial reef 

fish species. All processors would be 

included in this total since all 

processors must be dealers. From 1997–

2002, an average of 154 dealers 

purchased red snapper from commercial 

vessels. Average employment 

information per reef fish dealer is 

unknown. Although dealers and 

processors are not synonymous entities, 

reported total employment for reef fish 

processors in the Southeast is estimated 

to be approximately 700 individuals, 

both part and full time. While all 

processors must be dealers, a dealer 

need not be a processor. Further, 

processing is a much more laborintensive exercise than dealing. 

Therefore, given the total employment 

estimate for the processing sector (700 

persons) and the total number of dealers 

operating in the red snapper fishery 

(154), and the total number of permitted 

reef fish dealers, it is assumed that the 

average number of employees per dealer 

and the average number of employees 

per processor would be unlikely to 

surpass the SBA employment 

benchmark and, for the purpose of this 

analysis, it is determined that all red 

snapper dealers and processors that 

would be affected by this action are 

small entities. 

Although it is unknown how many 

eligible shrimp permit holders will 

apply for moratorium permits, and thus 

be eligible to fish for shrimp in the 

GOM, 2,666 vessels would qualify for 

the shrimp permit and are assumed to 

constitute the potential affected 

universe of shrimp vessels. The average 

annual gross revenue (all harvest 

species) per qualifying vessel in 2005 


jlentini on PROD1PC65 with PROPOSAL
75224 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 

was approximately $116,000, while the 

comparable figure for active qualifying 

vessels (vessels that recorded shrimp 

harvests) is approximately $152,000. In 

the same year, the maximum annual 

gross revenue from shrimp by a vessel 

was approximately $757,000 for both all 

qualifying and active qualifying vessels, 

whereas the maximum annual gross 

revenue from all harvest species was 

approximately $1.89 million by an 

inactive qualifier and $757,000 for an 

active qualifier. This indicates that the 

inactive qualifier found activity in other 

fisheries more lucrative than 

participation in the shrimp fishery, and 

the most active qualifier operated 

exclusively in the shrimp fishery. Fleet 

activity is also known to exist in the 

commercial shrimp fishery, but the 

magnitude of such activity cannot be 

determined with available data. Given 

these findings, for the purpose of this 

analysis, it is determined that all shrimp 

vessels that would be affected by this 

action are small entities. 

In 2005, 609 dealers were identified 

operating in the commercial shrimp 

fishery. Employment information for 

this sector is not available. In 2004, 61 

processors in the shrimp fishery were 

identified, employing approximately 

3,700 persons, or an average of 61 

employees per entity. Similar to the 

finfish sector, shrimp processing is more 

labor intensive than dealing, so average 

employment in the shrimp dealer sector 

is assumed to be less than that in the 

processing sector. Since the average 

employment per entity does not exceed 

the SBA threshold, it is determined, for 

this analysis, that all shrimp dealers and 

processors that could be affected by this 

action are small entities. 

This proposed rule would not change 

current reporting, recordkeeping, or 

other compliance requirements (other 

than the proposed measures described 

herein) under either the Reef Fish or 

Shrimp FMPs. Preexisting requirements 

include qualification criteria for for-hire 

vessel permits and participation in 

additional data collection programs if 

selected by NMFS. All of the 

information elements required for these 

processes are standard elements 

essential to the successful operation of 

a fishing business and should, therefore, 

already be collected and maintained as 

standard operating practice by the 

business. The requirements do not 

require professional skills. 

This proposed rule would be expected 

to affect all vessels that operate in the 

commercial red snapper fishery, all 

vessels that have a Federal reef fish forhire permit, and all vessels that qualify 

for a commercial shrimp fishery 

moratorium permit. The proposed 

action would also be expected to affect 

all reef fish and shrimp dealers and 

processors that handle product from 

these fisheries. All such entities have 

been determined, for the purpose of this 

analysis, to be small entities. Therefore, 

it is determined that the proposed 

action will affect a substantial number 

of small entities. 

Commercial red snapper fishing 

vessels, for-hire operations, and red 

snapper dealers would be expected to 

bear the primary burden of the proposed 

actions, though spill-over impacts 

would be expected in associated 

industries, such as marinas and fishery 

suppliers. The net result of the 

combined proposed TAC reduction and 

commercial minimum size limit 

decrease for the commercial red snapper 

fishery would be expected to be an 

approximate 28–percent decline in net 

revenues, or approximately $7.0 

million. Although over 750 entities are 

currently permitted to operate in the 

commercial red snapper fishery (136 

entities with Class 1 licenses and 628 

entities with Class 2 licenses), 131 

vessels accounted for approximately 94 

percent of the red snapper harvests from 

2002–2005, which had an average exvessel value of approximately $11.18 

million out of total average annual exvessel revenues for all fishing activity 

by these entities of approximately 

$17.34 million. Since most commercial 

red snapper fishing entities operate in 

multiple fisheries, the projected $7.0 

million reduction in net revenues 

captures lost revenue for all species. 

During 2002–2005, the top 50 

harvesters in the commercial red 

snapper fishery averaged approximately 

$144,000 in ex-vessel revenue per year 

out of total finfish revenues of 

approximately $211,000, indicating 

approximately 68 percent of the total 

revenues came from red snapper. The 

second tier vessels averaged 

approximately $40,000 in red snapper 

revenues and approximately $84,000 

total revenues, or 48 percent of total 

revenues coming from red snapper. 

Combined, the top 131 vessels averaged 

approximately $80,000 per year from 

red snapper, $132,000 total revenues, 

and 60 percent of total revenues coming 

from red snapper. The remaining vessels 

that landed red snapper accounted for 

only approximately $700 per vessel per 

year from red snapper, out of total 

average revenues of $14,000, or 

approximately 5 percent from red 

snapper. Red snapper most likely 

constitutes a bycatch species for this 

third-tier group. 

A TAC reduction would most likely 

be expected to impact operations that 

target red snapper rather than those that 

incidentally harvest red snapper. If the 

entire quota reduction is assumed borne 

by the top 50 and 131 vessels, 

respectively, the reduction in net 

revenues would equate to 

approximately $140,000 and $53,000 for 

the two groups, respectively. Relating 

these figures to the averages provided in 

the previous paragraph is difficult 

because the annual averages represent 

gross ex-vessel values, whereas the 

losses represent net values, and the 

expected losses incorporate an expected 

increase of approximately $1.14 in the 

price per pound of red snapper expected 

to develop as a result of the IFQ 

program. This price increase equates to 

a 47.5–percent increase in the average 

price per pound over 2002–2005 ($11.65 

million per year/4.66 million lb (2.11 

million kg) = $2.40 per pound; $1.14/ 

$2.40 = 47.5 percent). If the annual 

average red snapper revenues presented 

above are inflated by this 47.5–percent 

factor, the resultant values per vessel are 

$212,400 in red snapper revenues and 

$279,400 total revenues for the top 50 

vessels, and $118,000 and $170,000 in 

red snapper and total revenues, 

respectively, for the top 131 vessels. 

Because the projected losses are across 

all species, the projected losses 

($140,000 and $53,000) equate to 

approximately 50 percent of total net 

revenues ($140,000/$279,400) for the 

top 50 vessels and approximately 31 

percent of total net revenues ($53,000/ 

$170,000) for the top 131 vessels. 

An alternative perspective is to 

consider the number of vessels 

projected to operate under the IFQ 

program. Under the IFQ program, the 

commercial red snapper fleet is 

expected to consolidate to 39–95 

vessels, the range determined by 

whether the fleet gravitates to 

exclusively larger vessels (65–foot 

vessels) or small vessels (35–foot 

vessels). The period of time required to 

achieve this consolidation is not known, 

but a reduced TAC may accelerate the 

consolidation. Of course any IFQ-related 

consolidation is voluntary, vessels are 

compensated for their exit (through sale 

of their quota shares), and exiting 

vessels may continue to operate in other 

fisheries. Under the proposed TAC 

reduction, the resultant fleet is projected 

to be 28–68 vessels, or 11–27 fewer 

vessels than the status quo, with the 

range again determined by whether the 

fleet is primarily large vessels (28 

vessels), or small vessels (68 vessels). 

Average performance of the fleet under 

the status quo (39–95 vessels) is 

estimated at approximately $274,000 

($26.0 million over 95 vessels) to 

$667,000 ($26.0 million over 39 vessels) 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 75225 

in net revenues. The projected loss of 

$7.0 million in net revenues under the 

proposed TAC reduction would be 

expected to reduce these values to 

approximately $200,000 and $487,000, 

respectively, or reductions of 27 

percent. 

The for-hire sector would be expected 

to lose approximately 2,000 trips in the 

charter vessel sector, 643 angler days in 

the headboat sector, and $43,000 overall 

in producer surplus as a result of the 

proposed action. These reductions 

would not be expected to occur 

uniformly across all operations because 

some vessels are more active in the red 

snapper fishery than others. If averaged 

over the 1,625 vessels active in the forhire fleet, these reductions amount to 

fewer than 2 trips and $30 per permitted 

vessel. 

The expenditures to related 

businesses associated with the expected 

trip losses in the for-hire and private 

angler sectors would also be expected to 

be lost as a result of the proposed 

action. These trips, however, represent 

less than 1 percent of the total effort 

directed at the species encompassed in 

the assessment (red snapper, grouper, 

dolphin, and king mackerel). 

The proposed target bycatch 

reduction goal that would apply to the 

commercial shrimp fishery is 

administrative in nature and would not 

be expected to have any direct economic 

impact on any entities in the directed or 

associated sectors. 

Five alternatives, including the status 

quo, were considered for the action to 

set TAC in the red snapper fishery. 

Three of the alternatives contained 

multiple options and sub-options to 

manage the recreational fishery under 

the respective TAC. The first alternative, 

the status quo, would not have achieved 

progress towards eliminating 

overfishing, and would increase the 

necessary reduction in subsequent years 

to allow the resource to continue on the 

designated recovery path, thereby 

increasing short-term adverse economic 

impacts relative to the proposed action, 

and would not meet NMFS objectives. 

The second alternative to the 

proposed TAC would have reduced the 

red snapper TAC to 7.0 million lb (3.2 

million kg). Although this alternative 

has the potential of generating, 

depending upon the sub-option 

selected, lower first-year adverse 

economic impacts than the proposed 6.5 

million lb (3.0 million kg), this TAC 

would require greater TAC reduction in 

subsequent years, with greater adverse 

economic impacts than the proposed 

action. 

The third alternative to the proposed 

TAC would have reduced the red 

snapper TAC to 6.0 million lb (2.7 

million kg). This alternative would have 

reduced the TAC greater than necessary 

to end overfishing consistent with the 

current rebuilding plan and would be 

expected to result in greater adverse 

economic impacts, ranging from losses 

in economic value (consumer and 

producer surplus) in the recreational 

sector of approximately $16.0 million to 

$27.0 million and a loss of 

approximately $8.5 million in net 

revenues in the commercial sector, than 

the proposed action, which is expected 

to result in a reduction of consumer and 

producer surplus of approximately 

$15.0 million in the recreational sector 

and a reduction in net revenues of $7.0 

million in the commercial sector. 

The fourth alternative to the proposed 

TAC would have reduced the red 

snapper TAC to 5.0 million lbs (2.3 

million kg). This alternative would have 

reduced the TAC greater than necessary 

to end overfishing consistent with the 

current rebuilding plan and would be 

expected to result in greater adverse 

economic impacts, ranging from losses 

in economic value in the recreational 

sector of approximately $23.0 million to 

$25.0 million and a loss of 

approximately $11.5 million in net 

revenues in the commercial sector, than 

the proposed action. 

Two alternatives, the proposed 

alternative and the status quo, were 

considered for the action to set the 

captain and crew red snapper bag limit. 

The status quo, would be expected to 

decrease the ability of meeting harvest 

reduction targets and would have 

required more restrictive measures on 

recreational anglers, resulting in 

increased adverse economic impacts 

relative to the proposed action. 

Three alternatives, including the 

status quo, were considered for the 

commercial red snapper minimum size 

limit. The first alternative to the 

proposed action, the status quo 

alternative, would be expected to result 

in continued unnecessary bycatch 

mortality and would not, therefore, meet 

NMFS objectives. 

The second alternative to the 

proposed action would eliminate the 

commercial minimum size limit 

entirely. Because no commercial market 

is known to exist for red snapper 

smaller than 12 inches (30 cm), the 

expected economic impacts for this 

alternative relative to those of the 

proposed action are virtually identical. 

However, maintaining some minimum 

size limit in the commercial sector, as 

would be accomplished by the proposed 

action, would be expected to generate 

unquantifiable economic benefits 

accruing to a perception of greater sector 

equity and avoidance of user conflict 

since the proposed action would 

decrease the incentive for commercial 

operations to move their fishing location 

to areas where smaller fish congregate. 

Four alternatives, including the 

proposed status quo alternative, were 

considered for the gear requirements. 

The proposed action would not impose 

any new gear requirements on 

fishermen and would not result in any 

direct adverse economic impacts on 

these entities. Each of the three 

alternatives to the proposed action 

would be expected to result in greater 

adverse economic impacts than the 

proposed action through either 

increased gear costs or lowered 

operating efficiency. Given the shortterm nature of the action, these adverse 

impacts would not be expected to be 

balanced by the economic benefits of 

improved stock conditions. Thus, each 

alternative would be expected to 

increase costs without demonstrable 

benefits and, thus, would not meet 

NMFS objectives. 

Three alternatives, including the 

status quo, were considered for the red 

snapper bycatch mortality reduction 

target in the commercial shrimp fishery. 

The status quo would not have 

established a bycatch reduction target, 

would not ensure consistent reductions 

in bycatch fishing mortality of juvenile 

red snapper in the shrimp fishery, and 

would not meet NMFS objectives. The 

second alternative to the proposed 

bycatch reduction target would establish 

a higher reduction target than the 

proposed action. Although this would 

be an administrative action with no 

expected direct adverse economic 

effects, the higher target exceeds the 

level of bycatch reduction the fishery 

has demonstrated to date and would, 

therefore, be expected to require further 

effort reductions, resulting in greater 

adverse economic impacts than the 

proposed action. 

Four alternatives, including the 

proposed status quo alternative, were 

considered for effort reduction in the 

commercial shrimp fishery. The 

proposed status quo would not impose 

any effort controls on the fishery and 

would not be expected to result in any 

adverse economic impacts. Each of the 

other alternatives would have imposed 

effort limitations in the shrimp fishery 

and would, therefore, be expected to 

result in greater adverse economic 

impacts than the proposed action, 

ranging from $7.8 million to $14.8 

million in lost ex-vessel revenues, 

fishery-wide. These impacts would be 

expected to be borne by 394–863 

vessels. Although some behavioral 

changes would be expected to mitigate 


jlentini on PROD1PC65 with PROPOSAL
75226 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Proposed Rules 

these losses, the nature of these changes 

and their net impact cannot be 

determined. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: December 8, 2006. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

2. In § 622.37, paragraph (d)(1)(iv) is 

suspended and paragraph (d)(1)(vi) is 

added to read as follows: 

§ 622.37 Size limits. 

* * * * * 

(d) * * * 

(1) * * * 

(vi) Red snapper—16 inches (40.6 

cm), TL, for a fish taken by a person 

subject to the bag limit specified in 

§ 622.39(b)(1)(iii) and 13 inches (38.1 

cm), TL, for a fish taken by a person not 

subject to the bag limit. 

* * * * * 

3. In § 622.39, paragraphs (b)(1)(iii) 

and (b)(1)(v) are suspended and 

paragraphs (b)(1)(viii) and (b)(1)(ix) are 

added to read as follows: 

§ 622.39 Bag and possession limits. 

* * * * * 

(b) * * * 

(1) * * * 

(viii) Red snapper—2. However, no 

red snapper may be retained by the 

captain or crew of a vessel operating as 

a charter vessel or headboat—their bag 

limit is zero. 

(ix) Gulf reef fish, combined, 

excluding those specified in paragraphs 

(b)(1)(i), (ii), (iv), (vi), (vii), and (viii) of 

this section and excluding dwarf sand 

perch and sand perch—20, but not to 

exceed 10 vermilion snapper. 

* * * * * 

4. In § 622.42, paragraphs (a)(1)(i) and 

(a)(2) are suspended and paragraphs 

(a)(1)(v) and (a)(3) are added to read as 

follows: 

§ 622.42 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(v) Red snapper—3.315 million lb 

(1.504 million kg), round weight. 

* * * * * 

(3) Recreational quota for red 

snapper. The following quota applies to 

persons who harvest red snapper other 

than under commercial vessel permits 

for Gulf reef fish and the commercial 

quota specified in paragraph (a)(1)(v) of 

this section—3.185 million lb (1.445 

million kg), round weight. 

* * * * * 

[FR Doc. 06–9676 Filed 12–11–06; 10:01 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[I.D. 120606A] 

Mid-Atlantic Fishery Management 

Council; Public Hearings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public hearing 

meetings; request for comments. 

SUMMARY: The Mid-Atlantic Fishery 

Management Council is developing 

Amendment 14 to the Summer 

Flounder, Scup, and Black Sea Bass 

FMP to implement a rebuilding plan to 

rebuild the scup stock to the stock level 

associated with maximum sustainable 

yield (BMSY) and make the scup Gear 

Restricted Areas (GRAs) currently 

addressed and modified through the 

annual specification setting process 

modifiable though frameworks to the 

FMP. 

DATES: Written comments will be 

accepted until January 26, 2007. All 

public hearings will begin at 7 p.m. The 

dates and locations of the meetings are 

as follows: 

• Monday, January 22, 2007: Hilton 

Garden Inn Providence Airport/ 

Warwick, One Thuber Street,Warwick, 

RI 02886. 

• Tuesday, January 23, 2007: Best 

Western East End, 1830 Route 25, 

Riverhead, NY 11901. 

• Wednesday, January 24, 2007: 

Holiday Inn, 290 State Highway 37 East, 

Toms River, NJ 08753. 

ADDRESSES: Comments may be 

submitted through any of the following 

methods: 

• Mail: Daniel T. Furlong, Executive 

Director, Mid-Atlantic Fishery 

Management Council, 300 S. New 

Street, Dover, DE 19904 

• Fax: 302–674–5399 

• Email: info@mafmc.org 

FOR FURTHER INFORMATION CONTACT: 

Daniel T. Furlong, Executive Director of 

the Mid-Atlantic Fishery Management, 

302–674–2331, ext. 19. 

SUPPLEMENTARY INFORMATION: 

Background 

The purpose of these public meetings 

is to allow stakeholder groups and 

interested parties to comment on actions 

proposed in Amendment 14 to the 

Summer Flounder, Scup, and Black Sea 

Bass FMP. In August 2005, NMFS 

notified the Council that the scup stock 

has officially been designated as 

overfished. Therefore, the purpose of 

this amendment is to develop a 

rebuilding plan for the scup stock, 

thereby preventing overfishing and 

rebuilding the scup stock to the level 

associated with maximum sustainable 

yield (BMSY). In addition, the scup Gear 

Restricted Areas (GRAs) currently 

addressed and modified through the 

annual specification setting process 

would be made modifiable through 

frameworks to the FMP. This action is 

needed to improve the timing of 

implementation of modifications to the 

GRAs and allow those actions to be 

expedited through framework 

documents as opposed to annual 

specifications. The Amendment 

document that will be used at the 

meetings will be mailed to all entities 

on the Council’s mailing list. Additional 

copies are readily available from the 

above address or via the Internet at 

http://www.mafmc.org/mid-atlantic/ 

comments/comments.htm . 

Special Accommodations 

The hearings are physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Jan 

Bryan (302–674–2331 ext: 18) at the 

Mid-Atlantic Council office at least 5 

days prior to the hearing date. 

Dated: December 6, 2006. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E6–21235 Filed 12–13–06; 8:45 am] 

BILLING CODE 3510–22–S 


jlentini on PROD1PC65 with PROPOSAL