17380 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

(ii) You and your subpermittees may 

use only raptors that you possess under 

your abatement permit in abatement. 

(iii) We do not limit the number of 

captive-bred raptors that you may hold 

under your abatement permit, but each 

bird must be used for abatement. 

(iv)You may possess and use any 

captive-bred falconiform, accipitriform, 

or strigiform species listed in § 10.13 of 

this chapter (including a hybrid) in 

abatement, except that you may not 

possess or use a bald eagle or golden 

eagle for abatement. 

(v) A subpermittee may use only 

species that he or she is authorized to 

possess under his or her falconry 

permit. 

(5) Facilities and care requirements. 

You must house and maintain raptors 

that you hold under your abatement 

permit in accordance with the Federal 

falconry regulations housing and care 

requirements (see § 21.29). 

(6) Using a hybrid raptor in 

abatement. When flown free in 

abatement, a hybrid raptor must have 

attached at least two functioning radio 

transmitters to ensure that you can 

locate the bird. 

(7) Acquisition, transfer, or loss of 

abatement raptors. You must report 

acquisition and disposition of a raptor 

under your abatement permit by 

submitting Service form 3–186A (the 

Migratory Bird Acquisition and 

Disposition Report) completed in 

accordance with the instructions on the 

form and filed by you and the recipient, 

if applicable, to your migratory bird 

permit issuing office. 

(8) Feathers molted by an abatement 

bird.—(i) Imping. For imping (replacing 

a damaged feather with a molted 

feather), you may possess tail feathers 

and primary and secondary wing 

feathers for each species of raptor that 

you possess or previously held under 

your abatement permit for as long as 

you have a valid abatement permit. 

(ii) Donating. You may donate molted 

feathers to any entity with a valid 

permit to acquire and possess them, or 

to an entity exempt from the permit 

requirement under § 21.12. You may not 

buy, sell, or barter the feathers. You 

must keep the documentation for your 

acquisition and disposal of the feathers. 

(iii) Receiving. You may receive 

feathers for imping purposes from any 

entity authorized to donate them to you. 

You may not buy, sell, or barter the 

feathers. You must keep the 

documentation for your acquisition and 

disposal of the feathers. 

(9) Disposition of carcasses of 

abatement birds that die. You may 

donate the carcass, feathers, or parts of 

any deceased raptor held under your 

abatement permit to any entity 

authorized to acquire and possess it. 

(10) Prey items. If your abatement bird 

kills an animal without your intent, 

including wildlife taken outside of a 

regular hunting season, you may allow 

your abatement bird to feed on the 

animal, but you may not take the animal 

into your possession. You must report 

the take in your annual report. 

(11) Recordkeeping. You must 

maintain complete and accurate records 

of the activities conducted under your 

abatement permit, including, but not 

necessarily limited to, the name and 

address of the property owner; the 

location, date(s), and crop or property 

protected for each abatement job that 

you and each of your subpermittees 

conduct; the date, species, and location 

of any unintentional take that occurs; 

the name, address, and falconry permit 

number of each of your subpermittees, 

and any subpermittee designation 

letters; the raptors used for each job; and 

FWS form 3–186As for each acquisition 

and disposal of birds. You must retain 

these records for 5 years following the 

end of the last calendar year covered by 

the records. 

(12) Annual report. You must submit 

an annual report to your migratory bird 

permit issuing office. Your report must 

include the information required in 

Service form 3–202–22–2133, which is 

available at www.fws.gov/forms/3-202- 

2133.pdf. 

(13) Inspections. Agents or employees 

of the Service may inspect your 

abatement raptors, facilities, equipment, 

and records in your presence at any 

reasonable hour on any day of the week. 

(f) Permit tenure. Your abatement 

permit will expire on the date 

designated on the face of the permit 

unless amended or revoked. No 

abatement permit will have a term of 

more than 5 years. 

(g) Acquisitions, transfers, and losses 

of abatement raptors. You must have a 

copy of a properly completed FWS 

Form 3–186A (Migratory Bird 

Acquisition and Disposition Report) for 

each raptor you acquire transfer, or lose, 

or that dies. 

Dated: March 17, 2015. 

Michael J. Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–07387 Filed 3–31–15; 8:45 am] 

BILLING CODE CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 150226189–5189–01] 

RIN 0648–BE91 

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 a 

framework action to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (FMP) 

prepared by the Gulf of Mexico (Gulf) 

Fishery Management Council (Council) 

(2015 Gulf red snapper framework 

action). If implemented, this proposed 

rule would increase the commercial and 

recreational quotas for red snapper in 

the Gulf of Mexico reef fish fishery for 

the 2015, 2016, and 2017 fishing years 

Quotas for subsequent fishing years 

would remain at 2017 levels unless 

changed by future rulemaking. This 

proposed rule is intended to help 

achieve optimum yield (OY) for the Gulf 

red snapper resource without increasing 

the risk of red snapper experiencing 

overfishing. 

DATES: Written comments must be 

received on or before April 16, 2015. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘NOAA–NMFS–2015–0036’’ by either 

of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/#!docket Detail;D=

NOAA-NMFS-2015-0036, click the 

‘‘Comment Now!’’ icon, complete the 

required fields, and enter or attach your 

comments. 

• Mail: Submit written comments to 

Cynthia Meyer, 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 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17381 

without change. All personal identifying 

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

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of the framework 

action, which includes an 

environmental assessment, Regulatory 

Flexibility Act (RFA) analysis and a 

regulatory impact review, may be 

obtained from the Southeast Regional 

Office Web site at http://sero.nmfs.

noaa.gov/sustainable_fisheries/gulf_

fisheries/reef_fish. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Meyer, telephone 727–824– 

5305; email: Cynthia.Meyer@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 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

Background 

All weights given in this rule are in 

round weight. The total quota for Gulf 

red snapper (combined commercial and 

recreational quotas) has increased 

annually from 5 million lb (2.268 

million kg), in 2009, to 11 million lb 

(4.990 million kg), and since 2013, has 

been fixed at 11 million lb (4.990 

million kg). In order to reduce the 

likelihood that the recreational sector 

will exceed its quota, the Council and 

NMFS implemented an annual catch 

target (ACT) set at 20 percent below the 

recreational quota through the 2014 

framework amendment (80 FR 14328, 

March 19, 2015), which is used to set 

the recreational season length. The 

commercial sector is managed by an 

individual fishing quota (IFQ) program 

that was implemented in 2007, and 

effectively constrains commercial 

landings to the commercial quota. 

Status of Stock 

The Southeast Data, Assessment, and 

Review (SEDAR) benchmark assessment 

for Gulf red snapper, conducted in 2013 

and 2014 (SEDAR 31), determined that 

the red snapper stock is still overfished, 

but is not undergoing overfishing, and 

that the acceptable biological catch 

(ABC) may be increased. The stock is 

still under a rebuilding plan through 

2032. 

The Council’s Scientific and 

Statistical Committee (SSC) met in 

February 2015, to review the assessment 

results with updated provisional 2014 

landings data and recommended a new 

ABC for the 2015, 2016, and 2017 

fishing years. The SSC recommended an 

ABC of 14.30 million lb (6.49 million 

kg) for 2015, 13.96 million lb (6.33 

million kg) for 2016, and 13.74 million 

lb (6.23 million kg) for 2017. The 

Council met in March 2015, and voted 

to adjust the commercial and 

recreational quotas to reflect these new 

ABCs through the 2015 Gulf red snapper 

framework action. 

Management Measures Contained in 

This Proposed Rule 

This rule would set the commercial 

and recreational quotas and the 

recreational ACTs for the 2015, 2016, 

and 2017 fishing years for red snapper 

based on the ABCs recommended by the 

SSC and on the current commercial and 

recreational allocations (51-percent 

commercial and 49-percent 

recreational). Quotas for subsequent 

fishing years would remain at 2017 

levels unless changed by future 

rulemaking. For 2015, the commercial 

quota would be set at 7.293 million lb 

(3.308 million kg) and the recreational 

quota would be set at 7.007 million lb 

(3.178 million kg); for 2016, the 

commercial quota would be set at 7.120 

million lb (3.230 million kg) and the 

recreational quota would be set at 6.840 

million lb (3.103 million kg); and for 

2017 and subsequent fishing years, the 

commercial quota would be set at 7.007 

million lb (3.178 million kg) and the 

recreational quota would be set at 6.733 

million lb (3.054 million kg. 

Through the 2014 framework 

amendment, the Council and NMFS 

implemented a recreational ACT set at 

20 percent below the recreational quota. 

Based on the revised recreational quotas 

contained in this rule, the revised 

recreational ACTs for the 2015, 2016, 

and 2017 would be as follows: For 2015, 

the recreational ACT would be 5.606 

million lb (2.543 million kg); for 2016, 

the recreational ACT would be 5.472 

million lb (2.482 million kg); and for 

2017, the recreational ACT would be 

5.384 million lb (2.442 million kg). 

Recreational ACTs for subsequent 

fishing years would remain at 2017 

levels unless changed by future 

rulemaking. 

The Gulf Headboat Collaborative 

Fishing Permit (Collaborative) program, 

implemented through an exempted 

fishing permit, will continue through 

2015 (as a continuation of the 2-year 

program begun in 2014). The 

Collaborative program allocates harvest 

rights to a specified portion of the red 

snapper recreational sector (2.4396 

percent of the recreational quota), and 

this quantity is subsequently allocated 

to individual vessels. This program 

allows anglers to harvest red snapper 

when fishing on Collaborative vessels 

throughout the fishing year (until that 

portion of the quota is met). The 

proposed increase in the red snapper 

recreational quota in 2015 would 

increase the amount of quota allocated 

to the 19 vessels in this program. 

The red snapper management 

measures contained in this proposed 

rule would achieve the goal set by 

National Standard 1 of the MagnusonStevens Act, which states that 

conservation and management measures 

shall prevent overfishing while 

achieving, on a continuing basis, the OY 

for the fishery. 

Red Snapper Recreational Fishing 

Season 

Under 50 CFR 622.34(b), the red 

snapper recreational fishing season 

opens each year on June 1. Prior to June 

1 each year, NMFS projects the closing 

date based on the previous year’s data, 

and notifies the public of the closing 

date for the upcoming season. The red 

snapper recreational season closure date 

will be based on when the recreational 

ACT is projected to be met (as required 

by the 2014 Gulf red snapper framework 

amendment). After the final 2014 

recreational landings data are available 

and before the season opens on June 1, 

2015, NMFS will announce the 2015 

season closure date, which may be in 

the final rule associated with this 

action. 

Amendment 40 to the FMP 

The Council developed Amendment 

40 to the FMP and NMFS published a 

notice of availability (NOA) on January 

16, 2015 (80 FR 2379) and a proposed 

rule on January 23, 2015 (80 FR 3541). 

The public comment period on the 

proposed rule ended on March 9, 2015, 

and the NOA comment period ended on 

March 17, 2015. If approved by the 

Secretary of Commerce, Amendment 40 

and the implementing rule would 

establish a Federal charter vessel/

headboat (for-hire) component and a 

private angling component within the 

recreational sector, allocate the red 

snapper recreational quota and annual 

catch target (ACT) between the 

components, and establish separate 

seasonal closures for the two 

components. Additionally, Amendment 

40 and the rule would establish 

commercial and recreational ACLs for 

red snapper, which would be equal to 

the commercial and recreational quotas. 

Previously, rather than establishing 

ACLs for red snapper management, the 

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17382 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

Council chose to refer to the sector 

quotas as the functional equivalent of 

sector ACLs, and the sum of all quotas 

as the stock ACLs. If Amendment 40 is 

approved and a final rule is 

implemented, the final rule 

implementing this framework action 

would include the ACLs, component 

quotas, and ACTs from Amendment 40 

in the regulatory text, but they would be 

adjusted to reflect the increases 

proposed in this rule. 

Additional Changes to Codified Text 

This proposed rule would make two 

administrative changes to the Gulf IFQ 

program regulations. In §§ 622.21 and 

622.22, the Web site for the Gulf IFQ 

program would change from ‘‘ifq.sero.

fisheries.noaa.gov’’ to ‘‘https://portal.

southeast.fisheries.noaa.gov/cs/

main.html’’ to align with the renaming 

of NMFS Web sites for all of the regions 

in the U.S. The second change would 

revise the minimum share transfer 

percentage for the Gulf red snapper IFQ 

program from ‘‘0.0001 percent’’ to 

‘‘0.000001 percent’’ to align with the 

Gulf grouper/tilefish program minimum 

share transfer percentage and allow for 

smaller percentages of red snapper IFQ 

shares to be transferred. When the red 

snapper IFQ program was implemented 

in 2007, NMFS determined, based on 

the share cap and red snapper 

commercial quota, that 0.0001 percent 

was the appropriate minimum share 

transfer percentage. Because the red 

snapper commercial quota has been 

increasing, NMFS has now determined 

that the minimum share transfer 

percentage should be 0.000001 percent. 

This will give shareholders greater 

flexibility by allowing transfers of 

smaller increments of shares. In 

addition, modifying the minimum share 

transfer percentage for red snapper 

would help avoid confusion among 

shareholders who trade both red 

snapper and grouper/tilefish shares 

because both programs would have the 

same minimum share transfer 

percentage. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the FMP, other provisions of 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 set quotas for the commercial and 

recreational harvest of red snapper in 

the Gulf that are consistent with the red 

snapper rebuilding plan in order to 

achieve OY, and to make two 

administrative changes to the IFQ 

programs. The Magnuson-Stevens Act 

provides the statutory basis for this 

proposed rule. 

This rule, if implemented, would set 

the red snapper quotas for the 

commercial and recreational sectors for 

the 2015 fishing year, 2016 fishing year, 

and 2017 fishing year and subsequent 

fishing years. As a result, this rule 

would be expected to directly affect 

commercial vessels that harvest red 

snapper. Over the period 2009–2013, an 

average of 353 vessels per year recorded 

commercial red snapper harvests, based 

on mandatory logbook data. The 

maximum number of vessels with 

recorded commercial red snapper 

harvests during this period was 375 in 

2010. However, in 2010, 384 vessels 

were identified in the red snapper IFQ 

on-line account program, which tracks 

red snapper activity. This system, 

however, is not the official record for 

trip harvests, nor does it capture all 

landings, or associated revenues, from 

all species harvested on all trips by 

vessels that harvest red snapper. 

Therefore, data from both sources are 

used for this assessment to estimate the 

number of potentially affected entities. 

As a result, this rule would be expected 

to apply to 353–384 commercial fishing 

vessels. The average annual gross 

revenue from all species harvested on 

all trips by the vessels identified with 

recorded red snapper harvests in 

logbook data over the period 2009–2013 

(353 vessels) was approximately 

$110,000 (2013 dollars). 

With respect to the proposed changes 

in the red snapper recreational quotas, 

only recreational anglers are allowed to 

recreationally harvest red snapper in 

Federal waters in the Gulf and would be 

directly affected in changes in the 

allowable harvest. However, 

recreational anglers are not small 

entities under the RFA. Although forhire businesses (charter vessels and 

headboats) operate in the recreational 

sector, these businesses only sell fishing 

services to recreational anglers and do 

not, with the exception discussed in the 

next paragraph, have harvest rights to 

the red snapper recreational quota. Forhire vessels provide a platform for the 

opportunity to fish and not a guarantee 

to catch or harvest any species, though 

expectations of successful fishing, 

however defined, likely factor into the 

decision by anglers to purchase these 

services. Changing the red snapper 

recreational quota only defines how 

much red snapper can be harvested and 

the quota is a factor in the 

determination of the length of the red 

snapper recreational fishing season. 

Changing the quota does not explicitly 

prevent the continued offer or sale of 

for-hire fishing services. In the event of 

a closed season (zero bag limit), 

precipitated by a quota reduction, catch 

and release fishing for a target species 

can continue, as can fishing for other 

species. In the event of a quota increase 

and associated increase in the open 

season, the basic service offered remains 

the same, though the list of species that 

may be retained is expanded. Because 

the proposed change in the red snapper 

quota would not directly alter the basic 

service sold by for-hire vessels, in 

general, this proposed rule would not 

directly apply to or regulate their 

operations. Any change in vessel 

business would be a result of changes in 

angler demand for these fishing services 

that occurs as a result of the behavioral 

decision by anglers, i.e., to fish or not. 

This behavioral decision would be a 

consequence of how anglers determine 

the change in allowable harvest will 

affect them. Therefore, any effects on 

the associated for-hire vessels would be 

one step removed from the anglers’ 

decision and an indirect effect of the 

proposed rule. Because the effects on 

for-hire vessels would be indirect, they 

fall outside the scope of the RFA. 

The exception to this determination 

is, however, for the 19 headboats 

participating in the Collaborative 

program in 2015 (as a continuation of 

the 2-year program begun in 2014). The 

Collaborative program allocates harvest 

rights to a specified portion (2.4396 

percent) of the red snapper recreational 

allowable catch to the Collaborative, 

and this quantity is subsequently 

allocated to individual vessels. This 

program allows anglers to harvest red 

snapper when fishing on Collaborative 

vessels outside the season available to 

non-participating vessels if the total 

allowable harvest for the recreational 

sector has not been taken. Although 

these fish can still only be harvested by 

recreational anglers, and not vessel 

captains or crew, the allocation of 

harvest rights to these vessels and the 

increased flexibility on when red 

snapper may be retained enables the 

vessels in this program to offer an 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17383 

hire vessels. The proposed increase in 

the red snapper recreational quota in 

2015 would increase the amount of 

quota allocated to the vessels in this 

program. Average revenue information 

for these 19 vessels is unknown. 

However, the average headboat 

operating in the Gulf is estimated to 

receive approximately $245,000 (2013 

dollars) in annual gross revenue. 

NMFS has not identified any other 

small entities that would be expected to 

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 

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 $20.5 million 

(NAICS code 114111, finfish fishing) for 

all its affiliated operations worldwide. 

The revenue threshold for a business 

involved in the for-hire fishing industry 

is $7.5 million (NAICS code 487210, 

fishing boat charter operation). All 

commercial and headboat fishing 

vessels expected to be directly affected 

by this proposed rule are determined to 

be small business entities. 

This proposed rule would increase 

the red snapper commercial quota in 

2015, 2016, and 2017 and subsequent 

fishing years, by 1.683 million lb (0.763 

million kg) gutted weight, 1.510 million 

lb (0.685 million kg), and 1.397 million 

lb (0.634 million kg), respectively, 

relative to the status quo. These 

increases would be expected to result in 

an increase in total gross revenue (exvessel revenue minus the 3-percent cost 

recovery fee, all vessels) for commercial 

vessels that harvest red snapper of 

approximately $6.974 million (2013 

dollars), $6.268 million, and $5.811 

million, each year, respectively. Across 

all 3 years, the resultant total increase 

in gross revenue would be 

approximately $19.053 million (2013 

dollars). The average increase per vessel 

(353–384 vessels) per year would range 

(low to high average) from 

approximately $15,133–$16,462 per 

vessel ($5.81 million/384 vessels = 

$15,133 per vessel; $5.81/353 vessels = 

$16,462 per vessel) in 2017 to 

approximately $18,161–$19,756 per 

vessel ($6.97 million/384 vessels = 

$18,161 per vessel; $6.97/353 vessels = 

$19,756 per vessel) in 2015. As a result, 

the expected economic effect of the 

proposed rule would be increased 

revenue to the affected small business 

entities. 

This proposed rule would increase 

the red snapper recreational quota in 

2015, 2016, and 2017 and subsequent 

fishing years by 1.617 million lb (0.733 

million kg), 1.450 million lb (0.658 

million kg), and 1.343 million lb (0.609 

million kg), respectively, relative to the 

status quo. As discussed above, the 

proposed quota increase in 2015 would 

be expected to directly affect 19 

headboats that participate in the 

Collaborative program. These vessels 

would not be expected to be directly 

affected by the proposed quota increases 

in 2016 and 2017 and subsequent 

fishing years because the program will 

only continue through 2015. 

Quantitative estimates of the expected 

economic effects of the proposed quota 

increase in 2015 on these 19 entities are 

not available. Although the amount of 

increased quota that would be allocated 

to this program can be calculated, how 

this increase would be distributed 

amongst the vessels in the program 

cannot be determined because the 

distribution is subject to decision within 

the program and not dependent on 

historical activity or distribution of 

allowable harvest to date in 2015. 

Additionally, it is not possible with 

available data to produce a meaningful 

estimate of the portion of the increased 

quota that would be harvested by 

anglers on new trips (resulting in an 

increase in the revenue to respective 

vessels) or would be harvested on trips 

that would occur in the absence of a 

change in available harvest (resulting in 

no change in revenue), or to determine 

whether the change in available harvest 

would affect the price per trip that 

would be charged. Nevertheless, the 

effects of the increase in quota on these 

vessels would be expected to be either 

neutral at worst (i.e., no economic 

effect) or, more likely, positive, resulting 

in an increase in vessel revenue and 

associated profits. 

The proposed changes to the IFQ 

programs, discussed in the preamble of 

this proposed rule, are administrative 

changes and would not be expected to 

have any direct adverse economic effect 

on any small entities. 

Based on the discussion above, NMFS 

determines that this proposed rule, if 

implemented, would not have a 

significant adverse economic effect on a 

substantial number of small entities. As 

a result, an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

List of Subjects in 50 CFR Part 622 

Commercial, Fisheries, Fishing, Gulf 

of Mexico, Quotas, Recreational, Red 

Snapper. 

Dated: March 27, 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 § 622.21, the third sentence in 

paragraph (b)(1), the second sentence in 

paragraph (b)(2), the last sentence in 

paragraph (b)(3)(i), the first sentence in 

paragraph (b)(3)(iii), the second 

sentence in paragraph (b)(3)(iv), the 

only sentence in paragraph (b)(5)(i)(B), 

the third sentence in paragraph (b)(5)(v), 

the second and third sentences in 

paragraph (b)(6)(ii), the second sentence 

in paragraph (b)(6)(iv), and the first 

sentence in paragraph (b)(10) are revised 

to read as follows: 

§ 622.21 Individual fishing quota (IFQ) 

program for Gulf red snapper. 

* * * * * 

(b) * * * 

(1) * * * An owner of a vessel with 

a commercial vessel permit for Gulf reef 

fish, who has established an IFQ 

account for Gulf red snapper as 

specified in paragraph (a)(3)(i) of this 

section, online via the NMFS IFQ Web 

site https://

portal.southeast.fisheries.noaa.gov/cs/

main.html, may establish a vessel 

account through that IFQ account for 

that permitted vessel. * * * 

(2) * * * A dealer with a Gulf and 

South Atlantic dealer permit can 

download a Gulf IFQ dealer 

endorsement from the NMFS IFQ Web 

site. * * * 

(3) * * * 

(i) * * * All IFQ landings and their 

actual ex-vessel prices must be reported 

via the IFQ Web site. 

* * * * * 

(iii) The dealer must complete a 

landing transaction report for each 

landing of Gulf red snapper via the IFQ 

Web site on the day of offload, except 

if the fish are being trailered for 

transport to a dealer as specified in 

paragraph (b)(5)(iv) of this section (in 

which case the landing transaction 

report may be completed prior to the 

day of offload), and within 96 hours 

from the time of landing reported on the 

most recent landing notification, in 

accordance with the reporting form(s) 

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and instructions provided on the Web 

site. * * * 

(iv) * * * This form is available via 

the IFQ Web site. * * * 

* * * * * 

(5) * * * 

(i) * * * 

(B) * * * Authorized methods for 

contacting NMFS and submitting the 

report include calling IFQ Customer 

Service at 1–866–425–7627, completing 

and submitting to NMFS a landing 

notification provided through the VMS 

unit, or providing the required 

information to NMFS through the webbased form available on the IFQ Web 

site. 

* * * * * 

(v) * * * Proposed landing locations 

may be submitted online via the IFQ 

Web site, or by calling IFQ Customer 

Service at 1–866–425–7627, at any time; 

however, new landing locations will be 

approved only at the end of each 

calendar-year quarter. * * * 

* * * * * 

(6) * * * 

(ii) * * * An IFQ shareholder must 

initiate a share transfer request by 

logging onto the IFQ Web site. 

Following the instructions provided on 

the IFQ Web site, the shareholder must 

enter pertinent information regarding 

the transfer request including, but not 

limited to, amount of shares to be 

transferred, which must be a minimum 

of 0.000001 percent; name of the eligible 

transferee; and the value of the 

transferred shares. * * * 

* * * * * 

(iv) * * * An IFQ account holder 

must initiate an allocation transfer by 

logging onto the IFQ Web site, entering 

the required information, including but 

not limited to, name of an eligible 

transferee and amount of IFQ allocation 

to be transferred and price, and 

submitting the transfer electronically. 

* * * 

* * * * * 

(10) * * * On or about January 1 each 

year, IFQ shareholders will be notified, 

via the IFQ Web site, of their IFQ share 

and allocation for the upcoming fishing 

year. * * * 

* * * * * 

■ 3. In § 622.22, the third sentence in 

paragraph (b)(1), the second sentence in 

paragraph (b)(2), the last sentence in 

paragraph (b)(3)(i), the first sentence in 

paragraph (b)(3)(iii), the second 

sentence in paragraph (b)(3)(iv), the 

only sentence in paragraph (b)(5)(i)(B), 

the third sentence in paragraph (b)(5)(v), 

the second sentence in paragraph 

(b)(6)(ii), the second sentence in 

paragraph (b)(6)(iv), and the first 

sentence in paragraph (b)(10) are revised 

to read as follows: 

§ 622.22 Individual fishing quota (IFQ) 

program for Gulf groupers and tilefishes. 

* * * * * 

(b) * * * 

(1) * * * An owner of a vessel with 

a commercial vessel permit for Gulf reef 

fish, who has established an IFQ 

account for the applicable species, as 

specified in paragraph (a)(3)(i) of this 

section, online via the NMFS IFQ Web 

site https://

portal.southeast.fisheries.noaa.gov/cs/

main.html, may establish a vessel 

account through that IFQ account for 

that permitted vessel. * * * 

(2) * * * A dealer with a Gulf and 

South Atlantic dealer permit can 

download a Gulf IFQ dealer 

endorsement from the NMFS IFQ Web 

site. * * * 

(3) * * * 

(i) * * * All IFQ landings and their 

actual ex-vessel prices must be reported 

via the IFQ Web site. 

* * * * * 

(iii) The dealer must complete a 

landing transaction report for each 

landing of Gulf groupers or tilefishes via 

the IFQ Web site on the day of offload, 

except if the fish are being trailered for 

transport to a dealer as specified in 

paragraph (b)(5)(iv) of this section (in 

which case the landing transaction 

report may be completed prior to the 

day of offload), and within 96 hours 

from the time of landing reported on the 

most recent landing notification, in 

accordance with the reporting form(s) 

and instructions provided on the Web 

site. * * * 

(iv) * * * This form is available via 

the IFQ Web site. * * * 

* * * * * 

(5) * * * 

(i) * * * 

(B) * * * Authorized methods for 

contacting NMFS and submitting the 

report include calling IFQ Customer 

Service at 1–866–425–7627, completing 

and submitting to NMFS a landing 

notification provided through the VMS 

unit, or providing the required 

information to NMFS through the webbased form available on the IFQ Web 

site. 

* * * * * 

(v) * * * Proposed landing locations 

may be submitted online via the IFQ 

Web site, or by calling IFQ Customer 

Service at 1–866–425–7627, at any time; 

however, new landing locations will be 

approved only at the end of each 

calendar-year quarter. * * * 

* * * * * 

(6) * * * 

(ii) * * * An IFQ shareholder must 

initiate a share transfer request by 

logging onto the IFQ Web site. * * * 

* * * * * 

(iv) * * * An IFQ account holder 

must initiate an allocation transfer by 

logging onto the IFQ Web site, entering 

the required information, including but 

not limited to, the name of an eligible 

transferee and amount of IFQ allocation 

to be transferred and price, and 

submitting the transfer electronically. 

* * * 

* * * * * 

(10) * * * On or about January 1 each 

year, IFQ shareholders will be notified, 

via the IFQ Web site, of their IFQ shares 

and allocations, for each of the five 

share categories, for the upcoming 

fishing year. * * * 

* * * * * 

■ 4. In § 622.39, paragraphs (a)(1)(i) and 

(a)(2)(i) are revised to read as follows: 

§ 622.39 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(i) Commercial quota for red snapper. 

(A) For fishing year 2015—7.293 

million lb (3.308 million kg), round 

weight. 

(B) For fishing year 2016—7.120 

million lb (3.230 million kg), round 

weight. 

(C) For fishing year 2017 and 

subsequent fishing years—7.007 million 

lb (3.178 million kg), round weight. 

* * * * * 

(2) * * * 

(i) Recreational quota for red snapper. 

(A) Total recreational quota (Federal 

charter vessel/headboat and private 

angling component quotas combined). 

(1) For fishing year 2015—7.007 

million lb (3.178 million kg), round 

weight. 

(2) For fishing year 2016—6.840 

million lb (3.103 million kg), round 

weight. 

(3) For fishing year 2017 and 

subsequent fishing years—6.733 million 

lb (3.054 million kg), round weight. 

(B) Federal charter vessel/headboat 

component quota. The Federal charter 

vessel/headboat component quota 

applies to vessels that have been issued 

a valid Federal charter vessel/headboat 

permit for Gulf reef fish any time during 

the fishing year. This component quota 

is effective for only the 2015, 2016, and 

2017 fishing years. For the 2018 and 

subsequent fishing years, the applicable 

total recreational quota specified in 

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

recreational sector. 

(1) For fishing year 2015—2.964 

million lb (1.344 million kg), round 

weight. 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17385 

(2) For fishing year 2016—2.893 

million lb (1.312 million kg), round 

weight. 

(3) For fishing year 2017—2.848 

million lb (1.292 million kg), round 

weight. 

(C) Private angling component quota. 

The private angling component quota 

applies to vessels that fish under the bag 

limit and have not been issued a Federal 

charter vessel/headboat permit for Gulf 

reef fish any time during the fishing 

year. This component quota is effective 

for only the 2015, 2016, and 2017 

fishing years. For the 2018 and 

subsequent fishing years, the applicable 

total recreational quota specified in 

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

recreational sector. 

(1) For fishing year 2015—4.043 

million lb (1.834 million kg), round 

weight. 

(2) For fishing year 2016—3.947 

million lb (1.790 million kg), round 

weight. 

(3) For fishing year 2017—3.885 

million lb (1.762 million kg), round 

weight. 

* * * * * 

■ 5. In § 622.41, paragraph (q), as added 

at 80 FR 14331 (March 19, 2015), 

effective April 18, 2015, 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 applicable 

commercial quota specified in 

§ 622.39(a)(1)(i). 

(2) Recreational sector. (i) The AA 

will determine the length of the red 

snapper recreational fishing season 

based on when recreational landings are 

projected to reach the applicable 

recreational ACT specified in paragraph 

(q)(2)(iii) of this section, and announce 

the closure date in the Federal Register. 

This will serve as an in-season 

accountability measure. On and after the 

effective date of the recreational closure 

notification, the bag and possession 

limit for red snapper is zero. The 

recreational ACL is equal to the 

applicable total recreational quota 

specified in § 622.39(a)(2)(i). 

(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 applicable recreational ACL 

(quota) specified in § 622.39(a)(2)(i), 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 

recreational ACL (quota) by the amount 

of the quota overage in the prior fishing 

year, and reduce the applicable 

recreational ACT specified in paragraph 

(q)(2)(iii) of this section (based on the 

buffer between the ACT and the quota 

specified in the FMP), unless the best 

scientific information available 

determines that a greater, lesser, or no 

overage adjustment is necessary. 

(iii) Recreational ACT for red 

snapper. 

(A) Total recreational ACT (Federal 

charter vessel/headboat and private 

angling component ACTs combined). 

(1) For fishing year 2015—5.605 

million lb (2.542 million kg), round 

weight. 

(2) For fishing year 2016—5.473 

million lb (2.483 million kg), round 

weight. 

(3) For fishing year 2017 and 

subsequent fishing years—5.386 million 

lb (2.443 million kg), round weight. 

(B) Federal charter vessel/headboat 

component ACT. The Federal charter 

vessel/headboat component ACT 

applies to vessels that have been issued 

a valid Federal charter vessel/headboat 

permit for Gulf reef fish any time during 

the fishing year. This component ACT is 

effective for only the 2015, 2016, and 

2017 fishing years. For the 2018 and 

subsequent fishing years, the applicable 

total recreational quota specified in 

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

recreational sector. 

(1) For fishing year 2015—2.371 

million lb (1.075 million kg), round 

weight. 

(2) For fishing year 2016—2.315 

million lb (1.050 million kg), round 

weight. 

(3) For fishing year 2017—2.278 

million lb (1.033 million kg), round 

weight. 

(C) Private angling component ACT. 

The private angling component ACT 

applies to vessels that fish under the bag 

limit and have not been issued a Federal 

charter vessel/headboat permit for Gulf 

reef fish any time during the fishing 

year. This component ACT is effective 

for only the 2015, 2016, and 2017 

fishing years. For the 2018 and 

subsequent fishing years, the applicable 

total recreational quota specified in 

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

recreational sector. 

(1) For fishing year 2015—3.234 

million lb (1.467 million kg), round 

weight. 

(2) For fishing year 2016—3.158 

million lb (1.432 million kg), round 

weight. 

(3) For fishing year 2017—3.108 

million lb (1.410 million kg), round 

weight. 

[FR Doc. 2015–07459 Filed 3–31–15; 8:45 am] 

BILLING CODE CODE 3510–22–P 

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