[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Proposed Rules]
[Pages 20980-20982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8116]


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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.

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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:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#d7e7e1e3effa9681e3e2f987a5b8a7b8a4b2b397b9b8b6b6f9b0b8a1"><span class="__cf_email__" data-cfemail="1c2c2a2824315d4a2829324c6e736c736f79785c72737d7d327b736a">[email protected]</span></a>. Include in the 
subject line the following document identifier: 0648-AV45.
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Sarah DeVido, Southeast Regional Office, NMFS, 263 
13\th\ Avenue South, St. Petersburg, FL 33701.
    <bullet> 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: 
<a href="/cdn-cgi/l/email-protection#2c4b59404a4f4359424f45406c4b59404a4f4359424f454002435e4b"><span class="__cf_email__" data-cfemail="0661736a6065697368656f6a4661736a6065697368656f6a28697461">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Sarah DeVido, telephone 727-824-5305; 
fax 727-824-5308; e-mail <a href="/cdn-cgi/l/email-protection#b8cbd9cad9d096dcddced1dcd7f8d6d7d9d996dfd7ce"><span class="__cf_email__" data-cfemail="1d6e7c6f7c753379786b7479725d73727c7c337a726b">[email protected]</span></a>.

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 Magnuson-Stevens 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 
stepped-harvest 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

[[Page 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 age-structured 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 F<INF>MSY</INF>, 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 Magnuson-Stevens 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

[[Page 20982]]

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 labor-intensive 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.


Sec.  622.34  [Amended]

    2. In Sec.  622.34, paragraph (n) is removed and reserved.
    3. In Sec.  622.37, paragraph (d)(1)(ii) is revised to read as 
follows:


Sec.  622.37  Size limits.

* * * * *
    (d) * * *
    (1) * * *
    (ii) Vermilion snapper--10 inches (25.4 cm), TL.
* * * * *
    4. In Sec.  622.39, paragraph (b)(1)(v) is revised to read as 
follows:


Sec.  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.
* * * * *


Sec.  622.45  [Amended]

    5. In Sec.  622.45, paragraph (c)(5) is removed.
[FR Doc. E7-8116 Filed 4-26-07; 8:45 am]
BILLING CODE 3510-22-S


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