Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Proposed Rules 3541 

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Authority: 49 U.S.C. 30111, 30168; 

delegation of authority at 49 CFR 1.95 and 

501.8. 

Issued in Washington, DC, on January 20th, 

2015. 

Terry Shelton, 

Associate Administrator, National Center for 

Statistics and Analysis. 

[FR Doc. 2015–01165 Filed 1–22–15; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140818679–5042–01] 

RIN 0648–BE47 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Snapper Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to implement 

management measures described in 

Amendment 40 to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP), 

as prepared by the Gulf of Mexico 

Fishery Management Council (Council). 

If implemented, this rule would 

establish a Federal charter vessel/

headboat (for-hire) component and 

private angling component within the 

recreational sector, allocate the red 

snapper recreational quota and annual 

catch target (ACT) between the 

components based on historical and 

recent landings, and establish separate 

red snapper season closure provisions 

for the Federal for-hire and private 

angling components. These measures 

would sunset after 3 years unless the 

Council takes additional action. The 

purpose of Amendment 40 is to define 

distinct private angling and Federal forhire components of the recreational 

sector who fish for red snapper, and 

allocate the recreational quota between 

these components, to increase the 

stability for the for-hire component, 

provide a basis for increased flexibility 

in future management of the 

recreational sector, and minimize the 

chance for recreational quota overruns, 

which could negatively impact the 

rebuilding of the red snapper stock. 

DATES: Written comments must be 

received on or before March 9, 2015. 

ADDRESSES: You may submit comments 

on the amendment identified by 

‘‘NOAA–NMFS–2014–0107’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0107, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Peter Hood, Southeast Regional Office, 

NMFS, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Electronic copies of Amendment 40, 

which includes an environmental 

impact statement, a fishery impact 

statement, a Regulatory Flexibility Act 

analysis, and a regulatory impact 

review, may be obtained from the 

Southeast Regional Office Web site at 

http://sero.nmfs.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, Southeast Regional Office, 

NMFS, telephone: 727–824–5305; email: 

Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the Gulf reef fish 

fishery under the FMP. The Council 

prepared the FMP and NMFS 

implements the FMP through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens Act. 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on a continuing basis, the 

optimum yield (OY) from federally 

managed fish stocks. These mandates 

are intended to ensure fishery resources 

are managed for the greatest overall 

benefit to the nation, particularly with 

respect to providing food production 

and recreational opportunities, and 

protecting marine ecosystems. 

Amendment 40 includes actions to 

define distinct private angling and 

Federal for-hire components of the reef 

fish recreational sector fishing for red 

snapper and allocate red snapper 

resources between these two 

recreational components. Establishing 

these separate components is intended 

to increase the stability for the for-hire 

component, provide a basis for 

increased flexibility in future 

management of the recreational sector, 

and reduce the likelihood for 

recreational quota overruns. As a result, 

the actions are intended to prevent 

overfishing while achieving the OY, 

particularly with respect to recreational 

fishing opportunities, while rebuilding 

the red snapper stock. 

Recreational Red Snapper Fishing 

The Gulf red snapper stock is 

overfished and currently under a 

rebuilding plan until 2032. Consistent 

with the rebuilding plan, both 

commercial and recreational quotas 

have been allowed to increase as the 

stock has recovered. The recreational 

sector, which has experienced quota 

overages and more recently, shorter 

seasons, is managed under a quota, bag 

and size limits, and closed seasons. The 

recreational season length is determined 

using projections that rely on previous 

years’ landings information. Even 

though the recreational quota has 

increased in recent years, the season 

length has decreased, in part because 

the average size of the fish harvested has 

increased and red snapper are more 


emcdonald on DSK67QTVN1PROD with PROPOSALS
3542 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Proposed Rules 

readily available as the red snapper 

population has grown (i.e., it takes fewer 

fish that are more easily caught to fill 

the quota). Additionally, inconsistent 

state regulations require NMFS to 

reduce the length of the Federal 

recreational fishing season to account 

for increased state water harvest and 

have made harvest projections more 

difficult. 

To minimize the chances of the 

recreational sector exceeding its quota 

and to mitigate for any quota overages, 

the Council submitted and NMFS 

proposed regulations to implement a 

framework action to the FMP to 

establish a recreational ACT for red 

snapper and an accountability measure 

(AM) that requires an overage 

adjustment when the recreational quota 

is exceeded and red snapper are 

overfished (79 FR 69418, November 21, 

2014). The recreational ACT, which is 

used to set the recreational season 

length, is calculated by reducing the 

recreational quota by 20 percent. Should 

landings exceed the recreational quota, 

the framework action includes an 

overage adjustment that would reduce 

the recreational quota and the 

recreational ACT in the year following 

the overage by the amount of the quota 

overage to mitigate the effects of the 

overharvest. 

The recreational sector in the Gulf 

includes a private angling component 

and a for-hire component. The for-hire 

component includes charter vessels and 

headboats. Those for-hire vessels with a 

Federal charter vessel/headboat permit 

for Gulf reef fish are allowed to fish for 

red snapper in Federal waters, and those 

without Federal permits are restricted to 

fishing for red snapper in state waters. 

Current recreational management 

measures are typically applied to the 

recreational sector as a whole, without 

making a distinction between the 

private and for-hire components. 

Because recreational red snapper fishing 

seasons in Federal waters have been 

getting shorter, red snapper fishing 

opportunities for both the for-hire and 

private angling components have been 

reduced. 

There has been a moratorium on the 

issuance of new Federal charter vessel/ 

headboat permits for Gulf reef fish since 

2003. This means that no additional 

Federal permits are available. This also 

means that access to these vessels is 

limited to the recreational anglers that 

pay to fish from these permitted vessels. 

There is no limit to the number of 

anglers fishing from private recreational 

vessels that target reef fish species. 

Private recreational vessels can harvest 

red snapper in state waters if the state 

season is open when the Federal season 

is closed. There is also no limit to the 

number of state-issued permits for forhire vessels operating in state waters. 

These state-permitted for-hire vessels 

may harvest federally managed species 

in state waters only; they may not take 

paying passengers on trips to harvest 

federally managed species from Federal 

waters. Over time, the number of private 

recreational anglers (state licensed) has 

increased, while the number of vessels 

with Federal charter vessels/headboat 

permits for Gulf reef fish has decreased. 

As a result, private vessel landings over 

time have represented a greater 

proportion of the recreational harvest as 

a whole. For example, in 2003, NMFS 

estimates that the Federal for-hire 

component caught 47.3 percent of the 

recreational harvest while the private 

angling component caught 52.7 percent. 

By 2013, the Federal for-hire component 

portion had declined to 16.7 percent of 

the recreational harvest while the 

private angling component had 

increased to 83.3 percent. By 

establishing separate sectors, NMFS 

intends to stabilize the Federal for-hire 

component’s participation in the sector. 

Establishing separate components is 

also intended to provide a basis for 

flexible management that can be tailored 

to the needs of each component, thereby 

reducing the likelihood for recreational 

quota overruns which could negatively 

impact the rebuilding of the red snapper 

stock. The landings data for each 

component have different degrees of 

uncertainty because of differences in 

how recreational data are collected. 

Private angler data is derived from 

surveys whereas for-hire data is 

collected through surveys and logbooks. 

In addition, the number of for-hire 

vessels is known and is much smaller 

than vessels operated by private anglers. 

When private recreational landings 

estimates that have a higher degree of 

uncertainty are combined with for-hire 

landings data, it is more difficult to 

project when the season should close 

and less effective management measures 

may be implemented in the recreational 

sector. Separating management of the 

components is expected to improve the 

projections of when the recreational 

quota is reached and create a platform 

for future management of the 

recreational sector that can focus on 

maximizing opportunities for each 

component. 

Management Measures Contained in 

This Proposed Rule 

If implemented, this proposed rule 

would: Establish a Federal for-hire and 

a private angling component within the 

Gulf recreational sector fishing for red 

snapper; establish a Federal for-hire 

quota and a private angling quota based 

on the component allocation of the red 

snapper recreational quota that was 

selected in Amendment 40; and 

establish separate red snapper ACTs and 

seasonal closure provisions for the two 

components. Under a sunset provision, 

these management measures would only 

be in effect for 3 years. 

Establishing Private Angling and 

Federal For-Hire Components 

This proposed rule would establish a 

Federal for-hire and a private angling 

component within the Gulf recreational 

sector fishing for red snapper. The 

Federal for-hire component would 

include operators of vessels with 

Federal charter vessel/headboat permits 

for Gulf reef fish and the private angling 

component would include anglers 

fishing from private vessels and statepermitted for-hire vessels (for purpose 

of calculating landings for the 

recreational sector as a whole). The 

Council’s rationale for establishing these 

components is to increase the stability 

for the Federal for-hire component, 

provide a basis for increased flexibility 

in future management of the 

recreational sector, and minimize the 

chance for recreational quota overruns. 

The biological effects analyses in 

Amendment 40 also explain that 

Amendment 40 is likely to have positive 

indirect effects on discard mortality as 

compared to the status quo. Thus, 

NMFS has made a preliminary 

determination that Amendment 40 and 

this proposed rule are consistent with 

National Standard 5, which requires 

that conservation and management 

measures, where practicable, consider 

efficiency in the utilization of fishery 

resources but prohibits any such 

measure from having economic 

allocation as its sole purpose. 

NMFS has also made a preliminary 

determination that creating the two 

components is consistent with the 

requirement in National Standard 4 that 

conservation and management measures 

not discriminate between residents of 

different States. Because red snapper 

availability and abundance in state 

waters can vary regionally, fishing 

opportunities for individual fishermen 

in the private-angling component may 

vary if the Gulf States set inconsistent 

state seasons. However, the actions in 

Amendment 40 do not differentiate 

between residents of different states. For 

the private-angling component, there 

will be a single Federal season in the 

EEZ off all Gulf states that will be 

determined using past landings data and 

will take into account any harvest 

allowed in state waters. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
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Section 407(d) of the MagnusonStevens Act requires separate quotas for 

commercial and recreational fishing 

(which for the purposes of the 

subsection includes charter fishing), and 

a prohibition on the retention of fish 

when each quota is reached. There is 

nothing in this section, or elsewhere in 

the Magnuson-Stevens Act, that 

prohibits the Council from further subdividing the recreational quota among 

different components of the recreational 

sector to further improve the 

management of the fishery, and this 

approach is one that has been used 

repeatedly by fishery management 

councils nationwide as consistent with 

the authority provided in the Act. See 

e.g., 16 U.S.C. 1853(b)(3)(A) (allowing 

the councils to establish specified 

limitations which are necessary and 

appropriate for the conservation and 

management of the fishery on the—‘‘(A) 

catch of fish (based on area, species, 

size, number, weight, sex, bycatch, total 

biomass, or other factors)’’). The one 

constraint on managing the two 

components of the recreational sector 

independently in section 407(d) is the 

mandate to prohibit the retention of red 

snapper when the recreational red 

snapper quota is reached. Consistent 

with this requirement, the proposed rule 

would not change the total recreational 

quota or the requirement that the 

recreational sector be closed when that 

total quota is reached. Thus, if NMFS 

determines that the Gulf-wide 

recreational quota has been met, all 

recreational fishing will be prohibited 

regardless of whether one component 

has remaining allocation. As explained 

below, the use of an ACT to set the 

component season length will reduce 

the likelihood of this occurring. 

Quotas 

This rule would establish component 

quotas based on the allocation of the 

recreational quota selected in 

Amendment 40 with 42.3 percent of the 

quota going to the Federal for-hire 

component and 57.7 percent going to 

the private angling component. Given a 

2015 recreational quota of 5.390 million 

lb (2.445 million kg), the rule would set 

the Federal for-hire component quota at 

2,279,970 lb (1,034,177 kg), round 

weight and the private angling 

component quota at 3,110,030 lb 

(1,410,686 kg), round weight. 

In determining the allocation, the 

Council considered eight alternatives 

that were based on average percentages 

of red snapper harvested by the Federal 

for-hire and the private angling 

components during various time 

intervals between 1986 and 2013. These 

allocation alternatives were calculated 

using revised landings data and models 

developed from a Marine Recreational 

Information Program calibration 

workshop. This workshop evaluated the 

potential effects of a change in sampling 

design in 2013 that resulted in increased 

estimates of red snapper recreational 

effort and landings. In order to ensure 

that the Council’s allocation decision 

was based on the best scientific 

information available, the preliminary 

results of this workshop were presented 

to the Council at the October 2014 

meeting and the Council was advised 

that the preferred allocation reflected in 

the briefing book version of Amendment 

40 could change by up to ±3.3 percent. 

The Council discussed this new 

information before submitting 

Amendment 40 to the Secretary of 

Commerce for review and 

implementation. When the final results 

from the workshop were incorporated in 

Amendment 40, 1.7 percent of the 

recreational quota was shifted from the 

Federal for-hire component to the 

private angling component. This did not 

result in any changes to the season 

length projections included in 

Amendment 40 that estimated the 

Federal for-hire and private angling 

fishing seasons if sector separation had 

been implemented in 2014. 

The Council also considered the 

analysis included in Amendment 40 

that addressed the economic impacts of 

establishing the two recreational sector 

components and allocating the 

recreational quota between these two 

components. A quantitative economic 

analysis is not presented in the 

amendment, because the information 

required for such an analysis is not 

available. However, Amendment 40 

includes an extensive qualitative 

economic analysis based on the best 

scientific information available. NMFS 

has made a preliminary determination 

that Amendment 40 and the proposed 

rule are consistent with the mandate in 

National Standard 8 to use economic 

and social data that meet the 

requirements of National Standard 2, 

which states that conservation and 

management measures shall be based on 

the best scientific information available. 

The Council selected the alternative 

that combined the longest time period of 

available landings (1986–2013) with 

landings from a more recent range of 

years (2006–2013). Averages from each 

of the two time periods were then 

equally weighted to determine the 

allocation. The Council selected this 

allocation because it reflects both 

historical changes in the recreational 

sector as well as current conditions. It 

is also an approach used by the Council 

in setting allocations for other species 

(e.g., the jurisdictional apportionment of 

black grouper and yellowtail snapper 

resources between the Gulf and South 

Atlantic Councils). 

NMFS has made a preliminary 

determination that this allocation is fair 

and equitable, and does not 

discriminate directly or indirectly 

among residents of different states, 

consistent with National Standard 4. 

NMFS recognizes that the allocation 

could limit the length of the Federal 

fishing season for the private-angling 

component. However, increasing effort, 

larger fish in the population as the 

species rebuilds, and inconsistent state 

seasons have already limited 

recreational fishing opportunities for 

red snapper in Federal waters, resulting 

most recently in a 9-day Federal fishing 

season in 2014. In addition, a shorter 

Federal fishing season for the privateangling component will likely be offset 

by any extended state fishing seasons; 

private anglers are able to fish for red 

snapper in state waters outside the 

Federal fishing season. By separating 

the sectors, Amendment 40 is expected 

to increase the total benefits to the 

recreational sector by stabilizing the 

Federal for-hire component’s 

participation in the sector, creating a 

platform for future management that can 

focus on maximizing opportunities for 

each component, reducing discard 

mortality, and reducing the likelihood 

of recreational quota overruns. 

NMFS has also made a preliminary 

determination that Amendment 40 and 

the proposed rule is consistent with 

National Standard 10, which requires 

that conservation and management 

measures, to the extent practicable, 

promote the safety of human life at sea. 

As noted above, a shorter Federal 

fishing season for the private-angling 

component will be offset by any 

extended state fishing seasons, reducing 

any incentive to fish in unsafe 

conditions. In addition, unlike 

commercial fishermen, private anglers 

do not have an economic incentive to 

fish in unsafe conditions. Thus, NMFS 

has determined that it is unlikely that 

private anglers will attempt to fish for 

red snapper in Federal waters in 

hazardous weather conditions. 

Recreational Season Closure Provisions 

The proposed rule would establish 

separate red snapper seasonal closure 

provisions for the Federal for-hire and 

private angling components based on 

each component’s ACT. Each 

component’s season would begin on 

June 1 and the season length would be 

projected from each component’s ACT. 

The ACTs would be reduced from each 

component’s quota by 20 percent. This 


emcdonald on DSK67QTVN1PROD with PROPOSALS
3544 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Proposed Rules 

is intended to reduce the likelihood that 

either component will exceed its quota. 

In 2014, the recreational fishing season 

was set based on an ACT that was 20 

percent below the recreational quota 

and preliminary landings estimates 

indicate that this was effective in 

constraining recreational landings to the 

quota. 

Given the respective component 

quotas given above, the Federal charter 

vessel/headboat component ACT would 

be 1.824 million lb (0.827 million kg), 

round weight, and the private angling 

ACT would be 2.488 million lb (1.129 

million kg), round weight. Season 

lengths would be determined after more 

information about 2014 recreational 

landings data and the results of an 

update stock assessment are available. 

Sunset Provision 

This rule would implement a 3-year 

sunset provision for the establishment 

of the Federal for-hire and private 

angling components and associated 

management measures. For example, if 

this rule is implemented in time for the 

June 1, 2015, Federal recreational 

fishing season, the components and 

associated management measures would 

be effective through the end of the 2017 

fishing year, on December 31, 2017. For 

these components and management 

measures to extend beyond 3 years, the 

Council would need to take further 

action. 

Red Snapper Framework Action 

As noted above, NMFS published a 

proposed rule to implement a 

framework action to the FMP to revise 

the recreational AMs for red snapper 

and establish a recreational ACT for red 

snapper (79 FR 69418, November 21, 

2014). That proposed rule added 

paragraph (q) to § 622.41, and this 

proposed rule would revise paragraph 

(q) to § 622.41 to include component 

specific ACTs and closure provisions. 

The final rule for the framework action 

is under development and is expected to 

publish before a final rule implementing 

Amendment 40 is published. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the Assistant 

Administrator for Fisheries has 

determined that this proposed rule is 

consistent with Amendment 40, the 

FMP, the Magnuson-Stevens Act, and 

other applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if implemented, 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

determination is as follows: 

The purpose of this proposed rule is 

to establish distinct private angling and 

Federal for-hire components of the 

recreational sector that harvests red 

snapper and allocate the allowable 

portion of the red snapper resource 

between these two components to 

facilitate the development of 

management approaches tailored to 

each component. The MagnusonStevens Act provides the statutory basis 

for this proposed rule. 

This proposed rule, if implemented, 

would directly affect all vessels with a 

Federal charter vessel/headboat permit 

for Gulf reef fish (hereafter referred to as 

a for-hire permit). For-hire vessels that 

only have a state permit would not be 

directly affected because they cannot 

take paying passengers to fish for red 

snapper in the EEZ. Headboats, which 

charge a fee per passenger, and charter 

vessels, which charge a fee on a whole 

vessel basis, are types of vessel 

operations that participate in the forhire fishing sector. A Federal for-hire 

permit is required for for-hire vessels to 

harvest reef fish species, including red 

snapper, in the Gulf exclusive economic 

zone. On May 29, 2014, there were 

1,336 valid (non-expired) or renewable 

Gulf reef fish for-hire permits. A 

renewable permit is an expired permit 

that may not be actively fished, but is 

renewable for up to 1 year after 

expiration. Although the for-hire permit 

application collects information on the 

primary method of operation, the permit 

itself does not identify the permitted 

vessel as either a headboat or a charter 

vessel and vessels may operate in both 

capacities. However, only federally 

permitted headboats are required to 

submit harvest and effort information to 

the NMFS Southeast Region Headboat 

Survey (SRHS). Participation in the 

SRHS is based on determination by the 

Southeast Fishery Science Center that 

the vessel primarily operates as a 

headboat. Sixty-seven vessels were 

registered in the SHRS as of April 8, 

2014. As a result, the estimated 1,336 

vessels expected to be directly affected 

by this proposed rule are expected to 

consist of 1,269 charter vessels and 67 

headboats. The average charter vessel is 

estimated to receive approximately 

$83,000 (2013 dollars) in annual 

revenue. The average headboat is 

estimated to receive approximately 

$251,000 (2013 dollars) in annual 

revenue. 

NMFS has not identified any other 

small entities that might be directly 

affected by this proposed rule. 

The Small Business Administration 

has established size criteria for all major 

industry sectors in the U.S., including 

fish harvesters. A business involved in 

the for-hire fishing industry is classified 

as a small business if it is independently 

owned and operated, is not dominant in 

its field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $7.5 million 

(NAICS code 487210, for-hire 

businesses) for all its affiliated 

operations worldwide. All for-hire 

businesses expected to be directly 

affected by this proposed rule are 

believed to be small business entities. 

This proposed rule contains three 

actions that would establish separate 

Federal for-hire and private angler 

components for the recreational harvest 

of red snapper in the Gulf, specify the 

red snapper quota for each component, 

and set separate red snapper season 

closure provisions, based on the annual 

catch target, for each component. These 

proposed management changes would 

sunset after 3 years. Collectively, these 

actions would be expected to result in 

increased economic benefits to for-hire 

small business entities because they 

would increase the management 

flexibility to implement componentspecific measures designed to increase 

the economic benefits accruing to each 

component. The immediate direct 

economic benefits of this proposed rule 

primarily, if not exclusively, would be 

expected to result from the specification 

of a for-hire component quota. 

Establishing the for-hire component 

would establish the platform on which 

to specify an allocation. Otherwise, no 

other immediate direct effects would 

accrue to this action. Establishing 

separate components, however, would 

enable future management changes that 

may be expected to result in increased 

economic benefits to small entities. 

These effects would be a direct effect of 

these future changes, and would be 

evaluated at that time, and not a direct 

effect of this proposed rule. Separate 

seasonal closure provisions would both 

aid the development of future 

component-specific management 

measures designed to increase economic 

benefits, and help ensure that the 

benefits expected to accrue to separate 

component quotas are realized. 

The proposed for-hire quota would 

result from an allocation of 42.3 percent, 

that is larger than the portion of the 

allowable red snapper harvest taken by 

for-hire anglers in 2013 (18 percent) and 

the average annual harvest of 2011–2013 

(23 percent). As a result, the proposed 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Proposed Rules 3545 

quota would be expected to result in an 

increase in the red snapper harvest by 

for-hire anglers, an increase in the 

number of anglers that harvest red 

snapper from Federal for-hire vessels 

and, in turn, an increase in revenue and 

profits to for-hire vessels carrying these 

anglers. Meaningful estimation of the 

total increase in revenue and profits 

across the entire industry (all Federal 

for-hire vessels) or per vessel is not 

possible with available data. Increasing 

the amount of red snapper that can be 

harvested by anglers fishing from 

Federal for-hire vessels would be 

expected to increase the number of days 

red snapper may be harvested by these 

anglers. Because this would augment 

the ‘‘harvest opportunity’’ provided by a 

Federal for-hire vessel during the 

potentially extended season, some 

Federal for-hire vessels may be able to 

charge a higher price if angler demand 

is sufficient. Perhaps more importantly, 

only a portion of the increased 

allowable harvest by for-hire anglers 

would be expected to be taken on new 

trips. The remaining portion of the 

quota would be harvested on trips that 

would occur even if the red snapper 

season were closed, but could now keep 

red snapper as a result of the increase 

in the quota and associated extended 

season. Federal for-hire revenue would 

only increase if higher fees are charged 

or new trips occur. However, because 

competition would be expected to 

reduce the opportunity to increase forhire prices, increases in revenue, and 

associated profits, are more likely to 

come from new trips. The proposed 

sunset provision would be expected to 

limit the duration of these effects, but 

not the amount or direction (increased 

revenue and profits) of these effects. 

Because of the uncertainty associated 

with these factors, meaningful estimates 

of the expected change in revenue or 

profits cannot be generated. 

Nevertheless, the net effect of the 

actions in this proposed rule is expected 

to be an increase in profit to the affected 

Federal for-hire small business entities. 

Because this proposed rule, if 

implemented, would not be expected to 

have a significant direct adverse 

economic effect on a substantial number 

of small entities, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Gulf, Quotas, 

Recreational, Red Snapper. 

Dated: January 16, 2015. 

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 OF MEXICO, 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 § 622.8, paragraphs (a) and (c) are 

revised to read as follows: 

§ 622.8 Quotas—general. 

(a) Quotas apply for the fishing year 

for each species, species group, sector or 

component, unless accountability 

measures are implemented during the 

fishing year pursuant to the applicable 

annual catch limits and accountability 

measures sections of subparts B through 

V of this part due to a quota overage 

occurring the previous year, in which 

case a reduced quota will be specified 

through notification in the Federal 

Register. Annual quota increases are 

contingent on the total allowable catch 

for the applicable species not being 

exceeded in the previous fishing year. If 

the total allowable catch is exceeded in 

the previous fishing year, the RA will 

file a notification with the Office of the 

Federal Register to maintain the quota 

for the applicable species, sector or 

component from the previous fishing 

year for following fishing years, unless 

the best scientific information available 

determines maintaining the quota from 

the previous year is unnecessary. Except 

for the quotas for Gulf and South 

Atlantic coral, the quotas include 

species harvested from state waters 

adjoining the EEZ. 

* * * * * 

(c) Reopening. When a species, sector 

or component has been closed based on 

a projection of the quota specified in 

this part, or the ACL specified in the 

applicable annual catch limits and 

accountability measures sections of 

subparts B through V of this part being 

reached and subsequent data indicate 

that the quota or ACL was not reached, 

the Assistant Administrator may file a 

notification to that effect with the Office 

of the Federal Register. Such 

notification may reopen the species, 

sector or component to provide an 

opportunity for the quota or ACL to be 

harvested. 

■ 3. In § 622.39, paragraphs (a)(2)(i) and 

(c) are revised to read as follows: 

§ 622.39 Quotas. 

* * * * * 

(a) * * * 

(2) * * * 

(i) Recreational quota for red snapper. 

(A) Total recreational quota (Federal 

charter vessel/headboat and private 

angling component quotas combined)— 

5.390 million lb (2.445 million kg), 

round weight. 

(B) Federal charter vessel/headboat 

component quota—2,279,970 lb 

(1,034,177 kg), round weight. The 

Federal charter vessel/headboat 

component quota applies to vessels that 

have a valid Federal charter vessel/

headboat permit for Gulf reef fish any 

time during the fishing year. This 

component quota is effective for only 

the 2015, 2016, and 2017 fishing years. 

For the 2018 and subsequent fishing 

years, the total recreational quota 

specified in § 622.39(a)(2)(i)(A) will 

apply to the recreational sector. 

(C) Private angling component 

quota—3,110,030 lb (1,410,686 kg), 

round weight. The private angling 

component quota applies to vessels that 

fish under the bag limit and do not have 

a Federal charter vessel/headboat permit 

for Gulf reef fish any time during the 

fishing year. This component quota is 

effective for only the 2015, 2016, and 

2017 fishing years. For the 2018 and 

subsequent fishing years, the total 

recreational quota specified in 

§ 622.39(a)(2)(i)(A) will apply to the 

recreational sector. 

* * * * * 

(c) Restrictions applicable after a 

recreational quota closure or 

recreational component quota closure. 

The bag limit for the applicable species 

for the recreational sector or recreational 

sector component in or from the Gulf 

EEZ is zero. When the Federal charter 

vessel/headboat component is closed or 

the entire recreational sector is closed, 

this bag and possession limit applies in 

the Gulf on board a vessel for which a 

valid Federal charter vessel/headboat 

permit for Gulf reef fish has been issued, 

without regard to where such species 

were harvested, i.e. in state or Federal 

waters. 

■ 4. In § 622.41, paragraph (q) is revised 

to read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(q) Red snapper—(1) Commercial 

sector. The IFQ program for red snapper 

in the Gulf of Mexico serves as the 

accountability measure for commercial 

red snapper. The commercial ACL for 

red snapper is equal to the commercial 

quota specified in § 622.39(a)(1)(i). 


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3546 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Proposed Rules 

(2) Recreational sector. (i) The AA 

will determine the length of the red 

snapper recreational fishing season, or 

recreational fishing seasons for the 

Federal charter vessel/headboat and 

private angling components, based on 

when recreational landings are 

projected to reach the recreational ACT, 

or respective recreational component 

ACT specified in paragraph (q)(2)(iii) of 

this section, and announce the closure 

date(s) in the Federal Register. These 

seasons will serve as in-season 

accountability measures. On and after 

the effective date of the recreational 

closure or recreational component 

closure notifications, the bag and 

possession limit for red snapper or for 

the respective component is zero. When 

the recreational sector or Federal charter 

vessel/headboat component is closed, 

this bag and possession limit applies in 

the Gulf on board a vessel for which a 

valid Federal charter vessel/headboat 

permit for Gulf reef fish has been issued, 

without regard to where such species 

were harvested, i.e., in state or Federal 

waters. 

(ii) In addition to the measures 

specified in paragraph (q)(2)(i) of this 

section, if red snapper recreational 

landings, as estimated by the SRD, 

exceed the total recreational quota 

specified in § 622.39(a)(2)(i)(A), and red 

snapper are overfished, based on the 

most recent Status of U.S. Fisheries 

Report to Congress, the AA will file a 

notification with the Office of the 

Federal Register to reduce the total 

recreational quota by the amount of the 

quota overage in the prior fishing year, 

and if applicable, reduce the 

recreational component ACTs specified 

in paragraph (q)(2)(iii) of this section 

(based on the buffer between the 

component ACTs and the total 

recreational quota specified in the 

FMP), unless the best scientific 

information available determines that a 

greater, lesser, or no overage adjustment 

is necessary. 

(iii) The recreational ACL is equal to 

the total recreational quota specified in 

§ 622.39(b)(2)(i)(A). The total 

recreational ACT for red snapper is 

4.312 million lb (1.956 million kg), 

round weight. The recreational 

component ACTs for red snapper are 

1.824 million lb (0.827 million kg), 

round weight, for the Federal charter 

vessel/headboat component and 2.488 

million lb (1.129 million kg), round 

weight, for the private angling 

component. These recreational 

component ACTs are effective for only 

the 2015, 2016, and 2017 fishing years. 

For the 2018 and subsequent fishing 

years, the total recreational ACT will 

apply to the recreational sector. 

[FR Doc. 2015–01145 Filed 1–22–15; 8:45 am] 

BILLING CODE 3510–22–P 


emcdonald on DSK67QTVN1PROD with PROPOSALS