20980 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Proposed Rules 

schedule for a rulemaking to address 

emissions from Category 3 marine 

engines. Thus, we have determined that 

the requirements of the NTTAA do not 

apply. See the direct final rule EPA has 

published in the ‘‘Rules and 

Regulations’’ section of today’s Federal 

Register for a more extensive discussion 

of NTTAA policy. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. See the direct final 

rule EPA has published in the ‘‘Rules 

and Regulations’’ section of today’s 

Federal Register for a more extensive 

discussion of Executive Order 13045. 

K. Statutory Authority 

The statutory authority for this action 

comes from section 213 of the Clean Air 

Act as amended (42 U.S.C. 7547). This 

action is a notice of proposed 

rulemaking subject to the provisions of 

Clean Air Act section 307(d). See 42 

U.S.C. 7607(d). 

List of Subjects in 40 CFR Part 94 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Confidential 

business information, Imports, 

Penalties, Reporting and recordkeeping 

requirements, Vessels, Warranties. 

Dated: April 23, 2007. 

Stephen L. Johnson, 

Administrator. 

[FR Doc. E7–8103 Filed 4–26–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 070410083–7083–01; I.D. 

040207C] 

RIN 0648–AV45 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Gulf of 

Mexico Vermilion Snapper Fishery 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues this proposed 

rule that would implement a regulatory 

amendment to the Fishery Management 

Plan for the Reef Fish Resources of the 

Gulf of Mexico (FMP) prepared by the 

Gulf of Mexico Fishery Management 

Council (Council). This proposed rule 

would reduce the minimum size limit 

for vermilion snapper to 10 inches (25.4 

cm) total length (TL), eliminate the 10–

fish recreational bag limit for vermilion 

snapper within the existing 20–fish 

aggregate reef fish bag limit, and 

eliminate the 40-day commercial closed 

season for vermilion snapper (from 

April 22 through May 31 each year). The 

intended effect of this proposed rule is 

to help achieve optimum yield (OY) by 

reducing vermilion snapper harvest 

limitations consistent with the findings 

of the recent stock assessment for this 

species. 

DATES: Written comments must be 

received on or before May 14, 2007. 

ADDRESSES: You may submit comments 

on the proposed rule by any of the 

following methods: 

• E-mail: 0648– 

AV45.Proposed@noaa.gov. Include in 

the subject line the following document 

identifier: 0648–AV45. 

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Sarah DeVido, Southeast 

Regional Office, NMFS, 263 13th

Avenue South, St. Petersburg, FL 33701. 

• Fax: 727–824–5308; Attention: Sarah 

DeVido. 

Copies of the regulatory amendment, 

which includes an environmental 

assessment (EA), a regulatory impact 

review (RIR), and an initial regulatory 

flexibility analysis (IRFA) may be 

obtained from the Gulf of Mexico 

Fishery Management Council, 2203 N. 

Lois Avenue, Suite 1100, Tampa, FL 

33607; telephone: 813–348–1630; fax: 

813–348–1711; e-mail: 

gulfcouncil@gulfcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Sarah DeVido, telephone 727–824–5305; 

fax 727–824–5308; e-mail 

sarah.devido@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf of Mexico is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

Background 

In 2001, the Gulf of Mexico vermilion 

snapper stock was assessed using data 

through 1999. The findings from that 

assessment indicated the stock to be 

overfished and undergoing overfishing. 

Based on the assessment, the Council 

prepared Amendment 23 to the FMP, 

which implemented measures to end 

overfishing and rebuild the stock within 

10 years. This plan was implemented on 

July 8, 2005 (70 FR 33385). In 2006, a 

new stock assessment was conducted 

through the Southeast Data, Assessment, 

and Review (SEDAR) process. This 

assessment included a new data set to 

assess the vermilion snapper stock 

through 2004. The findings from this 

assessment determined vermilion 

snapper to be neither overfished nor 

undergoing overfishing. 

Based on the findings of this recent 

stock assessment, the rebuilding plan 

for vermilion snapper implemented in 

Amendment 23 is no longer necessary. 

Under the current rebuilding plan, 

harvest of vermilion snapper would not 

achieve the OY for the fishery. This is 

resulting in the unnecessary loss of 

social and economic benefits. National 

standard (NS) 1 of the MagnusonStevens Act requires that management 

measures prevent overfishing while 

achieving on a continuing basis the OY 

from the fishery. Therefore, the Council 

recommended and NMFS is proposing 

to implement the measures described 

above. This proposed rule contains a 

measure that would eliminate the 

annual commercial closure period, thus 

relieving a restriction in the commercial 

sector, and other measures for both the 

recreational and commercial sectors that 

allow for increased harvest of vermillion 

snapper consistent with national 

standard 1 and the best scientific 

information available. 

Current Rebuilding Plan 

The current rebuilding plan, under 

Amendment 23, is based on a steppedharvest strategy that was designed to 

restore the vermilion snapper stock to 

the stock biomass needed to allow 

harvest at maximum sustainable yield 

(BMSY) in 10 years or less. The plan 

would reduce harvest to 1.475 million 

lb (0.669 million kg) for the first 4 years 

(2005–2008), increase to 2.058 million 

lb (0.933 million kg) for the next 3 years 

(2009–2011), and increase to 2.641 

million lb (1.198 million kg) for the final 

3 years (2012–2014). Overfishing was 

expected to end by 2008, three years 

after the plan was implemented. The 

final rule for Amendment 23 (70 FR 

33385, July 8, 2005) implemented 

measures designed to achieve the 


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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Proposed Rules 20981 

reductions necessary for the first 4-year 

interval of the rebuilding plan. These 

measures included increasing the 

minimum size limit in the vermilion 

snapper fishery to 11 inches (27.9 cm) 

TL, reducing the recreational bag limit 

to 10 fish within the 20–fish aggregate 

reef fish bag limit, and establishing a 

commercial closure from April 22 

through May 31 each year. 

Recision of Rebuilding Plan 

The 2006 vermilion snapper stock 

assessment, conducted through the 

SEDAR process, incorporated new age 

data, where available, into their 

analyses. The results from this agestructured assessment indicated the 

vermilion snapper stock to be neither 

overfished nor undergoing overfishing. 

The 2006 assessment also determined 

that stock biomass is generally declining 

and fishing mortality (F) is increasing. 

The SEDAR panel concluded that if 

fishing mortality were to continue on 

the same trajectory as it is today, using 

data from 1986 through the projected 

target dates, F could exceed FOY in 

2012, however, it is not likely to exceed 

FMSY, the overfishing threshold, through 

2017. NMFS and the Council will 

continue to monitor the fishery to 

ensure compliance with the plan, the 

national standards, and other provisions 

of the Magnuson-Stevens Act. 

After receiving the assessment report 

and recommendations from its Science 

and Statistical Committee (SSC) and 

Reef Fish Advisory Panel (RFAP), the 

Council decided to eliminate the 

management measures developed in 

Amendment 23. The stock appears 

healthy and the current regulations are 

more restrictive than necessary to 

protect the stock at this time. Therefore, 

this rule proposes to eliminate the 

regulations established for vermilion 

snapper by Amendment 23 that are 

causing the vermilion snapper fishery to 

be fished below OY. Eliminating the 

management measures established by 

Amendment 23 results in social and 

economic gain for the fishery. 

New Management Measures 

The following measures in this 

proposed rule are designed to achieve a 

25.5–percent increase in vermilion 

snapper harvest fairly and equitably 

across the commercial and recreational 

sectors. 

Measures Applicable to the Recreational 

Vermilion Snapper Fishery 

This proposed rule would reduce the 

minimum size limit for vermilion 

snapper from 11 inches (27.9 cm) TL to 

10 inches (25.4 cm) TL. Implementing 

this measure alone is expected to 

increase harvest in the recreational 

sector by 20.4 percent. This proposed 

rule would also eliminate the 10–fish 

bag limit specific to vermilion snapper 

but would include vermilion snapper in 

the 20–fish aggregate reef fish bag limit. 

This alternative would allow 

recreational vermilion snapper harvest 

to increase another 1.4 percent. 

Measures Applicable to the Commercial 

Vermilion Snapper Fishery 

This proposed rule would reduce the 

minimum size limit for vermilion 

snapper in the commercial fishery from 

11 inches (27.9 cm) TL to 10 inches 

(25.4 cm) TL, which alone is expected 

to increase harvest in the commercial 

sector by 12.6 percent. Elimination of 

the commercial seasonal closure is 

expected to increase commercial harvest 

of vermilion snapper by approximately 

15.8 percent. 

Together these recreational and 

commercial measures are expected to 

increase harvest of the vermilion 

snapper stock by 25.5 percent, which 

would allow vermilion snapper to be 

fished at the OY for the fishery. 

Classification 

At this time, NMFS has not 

determined the regulatory amendment 

is consistent with 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 periods on the vermilion 

snapper regulatory amendment and this 

proposed rule. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

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 legal basis for this 

action are contained at the beginning of 

this section in the preamble and in the 

SUMMARY section of the preamble. A 

copy of the full analysis is available 

from the Council (see ADDRESSES). A 

summary of the IRFA follows. 

This proposed rule would reduce the 

minimum size limit for vermilion 

snapper to 10 inches (25.4 cm) TL, 

eliminate the 10–fish vermilion snapper 

recreational bag limit but include 

vermilion snapper in the 20–fish 

aggregate bag limit, and eliminate the 

April 22 through May 31 commercial 

closed season. The purpose of this 

action is to eliminate management 

measures that are causing the vermilion 

snapper fishery to be fished at a rate 

below OY, which is resulting in the 

unnecessary loss of social and economic 

benefits. These regulations have been 

determined to no longer be required 

because the vermilion snapper stock has 

been determined to be healthy, not 

overfished, nor undergoing overfishing. 

The Magnuson-Stevens Act provides the 

legal basis for the rule. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. 

The measures in this proposed rule 

would be expected to affect commercial 

reef fish operations, for-hire vessels 

operating in the reef fish fishery, and 

dealers and processors that receive 

vermilion snapper. As of October 2003, 

there were 1,158 active commercial reef 

fish permits. Of these entities, 441 

vessels reported logbook landings of 

vermilion snapper, with most using 

vertical line gear. During the period 

2000–2004, the average vessel operating 

in the commercial vermilion snapper 

fishery generated revenues of $65,200 of 

which $7,400 was from vermilion 

snapper harvests. These estimates 

included all vessels that landed at least 

1 lb (0.5 kg) of vermilion snapper and 

all the trips taken by these vessels 

regardless of whether vermilion snapper 

was caught on that trip. These estimates 

are assumed to be lower bound 

estimates, however, since landings of all 

commercial species, whether from 

Federal or state fisheries, are not 

required to be recorded or captured by 

the logbook program, which captures 

only reef fish and coastal pelagic 

harvests. 

An estimated 1,625 for-hire vessels 

are permitted to harvest reef fish in the 

Gulf of Mexico. This sector is comprised 

of charter boats that are generally 

smaller and charge a fee on a per-vessel 

basis, and headboats that are larger and 

charge a fee per angler. On average, 

charter boats are estimated to generate 

gross revenues ranging from $58,000 in 

the eastern Gulf to $81,000 in the 

western Gulf, or an overall average of 

$64,000. The comparable values for 

headboats are $281,000 and $550,000, or 

an overall average of $400,000. 

The Small Business Administration 

(SBA) defines a small business 

operating in the finfish industry as one 

that is independently owned and 

operated, is not dominant in its field of 

operation, and has average annual 

receipts not in excess of $4.0 million 

(NAICS code 114111, finfish fishing). 

The appropriate revenue benchmark for 

a vessel operating in the for-hire sector 

is $6.5 million (NAICS code 713990, 

amusement and recreation industries). 

Based on the gross revenues presented 


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20982 Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Proposed Rules 

above, all commercial and for-hire 

fishing vessels and reef fish dealers 

potentially affected by the proposed 

regulations are determined, for the 

purpose of this analysis, to be small 

business entities. 

Instead of a receipts threshold, the 

SBA uses an employment threshold for 

seafood dealers and processors, with the 

appropriate values of fewer than 100 

employees for dealers and fewer than 

500 employees for processors. A Federal 

permit is required for a fish dealer to 

purchase reef fish from commercial 

vessels. Based on permits files, there are 

227 dealers holding permits to buy and 

sell reef fish species. All reef fish 

processors would be included in this 

total since a processor must be a dealer. 

Dealers often hold multiple types of 

permits and operate in both Federal and 

state fisheries. It is unknown what 

percentage of any of the average dealer’s 

business comes from the vermilion 

snapper fishery. 

Average employment information per 

reef fish dealer is unknown. Although 

dealers and processors are not 

synonymous entities, total employment 

for reef fish processors in the Southeast 

is estimated at 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 employment 

estimate for the processing sector (700 

persons) and the total number of dealers 

operating in the reef fish fishery (227), 

it is assumed that the average number of 

employees per dealer and processor 

would be unlikely to surpass the SBA 

employment benchmark and, for the 

purpose of this analysis, it is 

determined that all dealers that would 

be affected by this action are small 

entities. 

None of the measures considered in 

this amendment would alter existing 

reporting and record-keeping 

requirements. 

The proposed rule would be expected 

to increase net revenues in the 

commercial vermilion snapper fishery 

by approximately $1.443 million, or 

approximately 3.5 percent of total 

average net revenues relative to the 

2000–2002 fishery. If spread over the 

average 441 vessels that operated in the 

fishery from 2000–2004, the increased 

net revenues expected to be generated as 

a result of the proposed rule equate to 

approximately $3,300 per vessel or 

approximately 5 percent of average 

gross revenues. 

Within the for-hire sector, the 

proposed rule would be expected to 

result in an increase of approximately 

$3.158 million in net revenues. It is not 

possible to determine how many of the 

1,625 entities permitted to operate in 

this fishery would be affected. If evenly 

distributed across all said entities, the 

expected increase in net revenues 

would equate to approximately $1,900 

per entity, or approximately 12 percent 

per entity. Since not all of the vessels 

permitted to operate in the for-hire reef 

fish fishery would be expected to 

participate in the vermilion snapper 

fishery, actual increases in net revenue 

per vessel for those vessels fishing for 

vermilion snapper would be expected to 

exceed these estimates. 

The impact of the proposed rule on 

reef fish dealers cannot be determined 

with available data. However, although 

the current measures were originally 

projected to result in an approximate 

26–percent reduction in vermilion 

snapper harvests, which would be 

recovered under the proposed rule, the 

vermilion snapper fishery comprises 

less than 10 percent of the total 

commercial reef fish fishery. Hence, the 

additional commercial harvests, and 

resultant effect on revenues or profits, 

that would be expected to occur as a 

result of the proposed rule, however, are 

not expected to be substantial relative to 

overall commercial reef fish sales. 

Two alternatives, including the status 

quo, were considered for this proposed 

rule. The status quo would maintain 

current regulations in the fishery that 

are not biologically supported and 

would result in the loss of economic 

benefits. The second alternative allowed 

the continuation or suspension of the 

individual components of current 

vermilion snapper regulations. The 

continuation of any of these individual 

components would be expected to, 

similar to the status quo, result in the 

continued loss of economic benefits to 

the fishery. The proposed rule would 

rescind current regulations that have 

been determined to be unnecessary from 

a biological perspective and would be 

expected to result in increased 

economic and social benefits to the 

fishery. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: April 23, 2007. 

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. 

§ 622.34 [Amended] 

2. In § 622.34, paragraph (n) is 

removed and reserved. 

3. In § 622.37, paragraph (d)(1)(ii) is 

revised to read as follows: 

§ 622.37 Size limits. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) Vermilion snapper—10 inches 

(25.4 cm), TL. 

* * * * * 

4. In § 622.39, paragraph (b)(1)(v) is 

revised to read as follows: 

§ 622.39 Bag and possession limits. 

* * * * * 

(b) * * * 

(1) * * * 

(v) Gulf reef fish, combined, 

excluding those specified in paragraphs 

(b)(1)(i) through (b)(1)(iv) and 

paragraphs (b(1)(vi) through (b)(1)(vii) of 

this section and excluding dwarf sand 

perch and sand perch—20. 

* * * * * 

§ 622.45 [Amended] 

5. In § 622.45, paragraph (c)(5) is 

removed. 

[FR Doc. E7–8116 Filed 4–26–07; 8:45 am] 

BILLING CODE 3510–22–S 


cprice-sewell on PROD1PC66 with PROPOSALS