31906 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 090508900–9901–01] 

RIN 0648–AX75 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Red Snapper Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed temporary rule; 

request for comments. 

SUMMARY: This proposed temporary rule 

would implement interim measures to 

establish a closure of the commercial 

and recreational fisheries for red 

snapper in the South Atlantic as 

requested by the South Atlantic Fishery 

Management Council (Council). The 

intended effect is to reduce overfishing 

of red snapper while permanent 

management measures are developed in 

Amendment 17 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (Amendment 17) to end 

overfishing of red snapper. 

DATES: Written comments must be 

received no later than 5 p.m., eastern 

time, on August 5, 2009. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

‘‘0648–AX75’’ by any of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

• Fax: 727–824–5308; Attention: 

Karla Gore. 

• Mail: Karla Gore, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ‘‘NOAANMFS–2008–0089’’ in the keyword 

search, then select ‘‘Send a Comment or 

Submission.’’ NMFS will accept 

anonymous comments (enter N/A in the 

required fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of documents supporting this 

proposed rule, which includes an 

environmental assessment and an initial 

regulatory flexibility analysis (IRFA), 

may be obtained from Karla Gore, 

Southeast Regional Office, NMFS, 263 

13th Avenue South, St. Petersburg, FL 

33701. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, telephone: 727–551–5753, 

fax: 727–824–5308, e-mail: 

karla.gore@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery off the southern 

Atlantic states is managed under the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP). The FMP was 

prepared by the Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on an continuing basis, the 

optimum yield for 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 

protected marine ecosystems. To further 

this goal, the Magnuson-Stevens Act 

requires fishery managers to specify 

their strategy to rebuild overfished 

stocks to a sustainable level within a 

certain time frame, and to minimize 

bycatch and bycatch mortality to the 

extent practicable. Amendment 17, 

currently under development, will 

include management measures to end 

overfishing of red snapper and rebuild 

the red snapper stock. However because 

Amendment 17, if approved, would not 

likely be implemented until early 2010, 

this temporary rule contains 

management measures intended to 

address overfishing of red snapper on an 

interim basis. 

The Council was notified in July 2008 

that red snapper are overfished and 

undergoing overfishing. The status of 

red snapper was determined by the 

Southeast Data Assessment and Review 

process in 2008. The Council’s 

Scientific and Statistical Committee has 

determined overfished and overfishing 

determinations for South Atlantic red 

snapper are based on the best available 

scientific information. 

At the March 2009 Council meeting in 

Jekyll Island, Georgia, the Council voted 

(7–6) to proceed with an interim rule for 

red snapper. On March 23, 2009, the 

Council submitted a letter to NMFS 

requesting interim measures to prohibit 

harvest and possession of red snapper 

pursuant to Section 305(c) of the 

Magnuson-Stevens Act. 

Management Measures Proposed by 

This Temporary Rule 

Prohibition on Harvest, Possession, or 

Sale of Red Snapper 

The proposed temporary rule would 

establish a closure of the commercial 

and recreational fisheries for red 

snapper in the South Atlantic exclusive 

economic zone (EEZ)(180 days with the 

possibility of extending for another 186 

days). During the closure, the harvest, 

possession, or sale of red snapper in or 

from the South Atlantic EEZ would be 

prohibited for both recreational and 

commercial fishermen. For a person 

who has been issued a valid commercial 

vessel permit or charter vessel/headboat 

permit for South Atlantic snappergrouper, the provisions of the proposed 

temporary rule would apply regardless 

of where the red snapper are harvested 

(i.e. state or Federal waters). 

Future Action 

NMFS believes that this proposed rule 

is necessary to reduce overfishing of red 

snapper in the South Atlantic. NMFS 

will consider all public comments 

received on this proposed rule in 

determining whether to proceed with a 

final rule and, if so, whether any 

revisions would be appropriate in the 

final rule. If NMFS issues a final rule, 

it would be effective for not more than 

180 days, as authorized by section 

305(c) of the Magnuson-Stevens Act. 

The final rule could be extended for an 

additional 186 days, provided that the 

public has had an opportunity to 

comment on the rule and provided that 

the Council is actively preparing a plan 

amendment or proposed regulations to 

address this overfishing issue on a 

permanent basis. The Council is 

preparing an FMP amendment to 

address this issue on a permanent basis. 

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 South Atlantic SnapperVerDate Nov<24>2008 15:20 Jul 02, 2009 Jkt 217001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\06JYP1.SGM 06JYP1

cprice-sewell on PROD1PC69 with PROPOSALS
Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules 31907 

Grouper Fishery Management Plan, 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 E.O. 12866. 

NMFS prepared an IRFA, as required 

by section 603 of the Regulatory 

Flexibility Act, for this proposed 

temporary rule. The IRFA describes the 

economic impact this proposed 

temporary rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the objectives of, and legal basis for this 

action are contained at the beginning of 

this section in the preamble and in the 

SUMMARY section of the preamble. A 

copy of the full analysis is available 

from NMFS (see ADDRESSES). A 

summary of the IRFA follows. 

The purpose of this proposed 

temporary rule is to reduce red snapper 

overfishing while long-term 

management measures are developed 

and implemented. The MagnusonStevens Act provides the statutory basis 

for this proposed temporary rule. 

No duplicative, overlapping, or 

conflicting Federal rules have been 

identified. 

This proposed temporary rule would 

be expected to directly impact 

commercial fishing and for-hire 

operators. The Small Business 

Administration has established size 

criteria for all major industry sectors in 

the U.S. A business involved in fish 

harvesting is classified as a small 

business if it is independently owned 

and operated, is not dominant in its 

field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $4.0 million 

(NAICS code 114111, finfish fishing) for 

all its affiliated operations worldwide. 

For a for-hire business, the other 

qualifiers apply and the annual receipts 

threshold is $7.0 million (NAICS code 

713990, recreational industries). 

From 2003–2007, an average of 220 

vessels per year were permitted to 

operate in the commercial snappergrouper fishery and recorded landings 

of red snapper, ranging from a high of 

236 vessels in 2003 to a low of 206 

vessels in 2006. Total dockside revenues 

from all species on all recorded trips by 

these vessels averaged $9.78 million 

(2007 dollars) per year over this period, 

resulting in a per-vessel average of 

approximately $44,500. The highest 

average revenue per vessel during this 

period occurred in 2007 at 

approximately $54,600. Based on these 

average revenue figures, it is 

determined, for the purpose of this 

assessment, that all commercial vessels 

that would be affected by this proposed 

temporary rule are small entities. 

The harvest of red snapper in the EEZ 

by for-hire vessels requires a snappergrouper charter vessel/headboat permit. 

From 2003–2007, an average of 1,635 

vessels per year were permitted to 

operate in the snapper-grouper for-hire 

fishery, of which 82 vessels are 

estimated to have operated as 

headboats. The for-hire fleet is 

comprised of charter vessels, which 

charge a fee on a vessel basis, and 

headboats, which charge a fee on an 

individual angler (head) basis. The 

annual average gross revenue for charter 

vessels is estimated to range from 

approximately $80,000-$109,000 (2007 

dollars) for Florida vessels, $94,000- 

$115,000 for North Carolina vessels, 

$88,000-$107,000 for Georgia vessels, 

and $41,000-$50,000 for South Carolina 

vessels. For headboats, the appropriate 

estimates are $220,000-$468,000 for 

Florida vessels, and $193,000-$410,000 

for vessels in the other states. Based on 

these average revenue figures, it is 

determined, for the purpose of this 

assessment, that all for-hire businesses 

that would be affected by this action are 

small entities. The number of for-hire 

vessels that would be expected to be 

affected by this proposed interim rule is 

discussed below. 

Some fleet activity may exist in both 

the commercial and for-hire snappergrouper sectors, but the extent of such 

is unknown, and all vessels are treated 

as independent entities in this 

assessment. 

This proposed temporary rule would 

not establish any new reporting, recordkeeping, or other compliance 

requirements. 

This proposed temporary rule would 

be expected to result in a short-term 

reduction in net operating revenues 

(NOR), which are trip revenues minus 

non-labor trip costs, to the commercial 

snapper grouper sector by 

approximately $120,000 (2007 dollars). 

This reduction in NOR would be 

expected to increase to a cumulative 

total of $289,000 if the proposed 

prohibition is extended an additional 

186 days, resulting in a prohibition for 

one full year. An average of 220 

commercial vessels per year have 

recorded landings of red snapper. This 

proposed temporary rule would be 

expected to result in an average 

reduction in NOR of approximately 

$450 per vessel for the proposed 180- 

day prohibition, and approximately 

$1,300 per vessel if the prohibition is 

extended an additional 186 days. 

Although NOR are not directly 

comparable to dock-side revenues, the 

average annual dock-side revenues from 

all species harvested for vessels with 

recorded red snapper harvests is 

estimated to be approximately $44,500. 

For the headboat sector, this proposed 

temporary rule would be expected to 

result in a short-term reduction in NOR 

by a maximum of approximately $1.76 

million (2008 dollars). This reduction in 

NOR would be expected to increase to 

a cumulative maximum total of $3.96 

million if the proposed prohibition is 

extended an additional 186 days. 

Although 82 vessels are estimated to 

operate in the snapper-grouper fishery, 

red snapper target activity is believed to 

be concentrated in Georgia and 

northeast Florida (Mayport, FL, south 

through Cape Canaveral, FL) where 16 

headboats operate. Approximately 70 

percent of all red snapper harvested 

(pounds) by the headboat sector from 

2003–2007 were harvested by anglers 

fishing from this area. The expected 

maximum reduction in NOR is based on 

the assumption that all angler trips on 

these 16 vessels during the respective 

period target red snapper and equals the 

change in NOR if all these trips were 

lost. This is considered a worst-case 

scenario. An unknown number of these 

trips would likely not target red snapper 

(many anglers fish to catch whatever 

species is available) and red snapper has 

historically comprised only 3 percent of 

the total number of fish harvested and 

11 percent of the total number of 

pounds of fish harvested by vessels in 

this area. As a result, it is unlikely that 

all or necessarily a large portion of these 

trips would be canceled. Available data, 

however, do not support the 

identification of more precise estimates 

of the number of red snapper target trips 

that would be expected to be cancelled, 

and the projected estimates of the 

expected change in NOR should be 

considered extreme upper bounds. 

Because of the uncertainty associated 

with the number of affected vessels and 

the number of trips that may be 

cancelled, the effective average 

reduction in NOR per headboat vessel is 

difficult to project. Under the worst-case 

scenario, the cancellation of all angler 

trips on Georgia and northeast Florida 

vessels (16) would result in a 100– 

percent loss of NOR for these vessels 

during this period of time (180 days), or 

approximately 44 percent of annual 

total NOR ($1.76 million/$3.96 million). 

However, if the upper bound of effects 

($1.76 million) is assumed to encompass 

trip cancellation on vessels outside this 

area, it is unknown how many 

additional vessels should be included in 

the analysis. The South Carolina 

headboat fleet, which contains 14 

vessels, accounts for the next highest 

red snapper harvests after the Georgia 


cprice-sewell on PROD1PC69 with PROPOSALS
31908 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Proposed Rules 

and northeast Florida fleets. If the 

maximum expected reduction in NOR is 

spread over all 30 vessels in these areas, 

the expected reduction in NOR would 

be less than 100 percent of the total 

annual NOR, and the average expected 

reduction in NOR per vessel would be 

approximately $58,700. This would 

increase to a total of approximately 

$132,000 under an extension of the 

proposed prohibition for an additional 

186 days. Although NOR are not 

directly comparable to gross revenues 

from for-hire fees, the average annual 

gross revenues from for-hire fees is 

estimated to be approximately $220,000- 

$468,000 for Florida headboats and 

$193,000-$410,000 for headboats in the 

other states. 

For the charter sector, the proposed 

temporary rule would be expected to 

result in a short-term reduction in NOR 

of approximately $247,000 (2008 

dollars) and increase to a cumulative 

total of approximately $427,000 if the 

proposed prohibition is extended an 

additional 186 days. It should be noted 

that, although target data are available 

for the charter sector, trip cancellation 

data are not available, and the analysis 

assumes, similar to the analysis of the 

headboat sector, that all charter vessel 

red snapper target effort will be 

cancelled. As in the headboat sector, the 

cancellation of all trips that would have 

targeted red snapper in the charter 

sector is unlikely to occur and, as a 

result, the estimates of the expected 

change in NOR in the charter sector 

likely overestimate the actual reduction 

that would occur. 

Vessel-level data are unavailable for 

the charter sector. As a result, it is not 

known how many vessels would be 

affected by the proposed temporary rule. 

An estimated 1,553 charter vessels are 

permitted to operate in the snappergrouper fishery, which allows these 

vessels to harvest red snapper (1,635 

total vessels with snapper-grouper 

charter vessel/headboat permits, of 

which 82 are estimated to operate as 

headboats). If the proportion of charter 

vessels that would be expected to be 

affected by the proposed temporary rule 

is assumed to equal the proportion of 

headboats constituting the core red 

snapper vessels (16 vessels out of 82 

headboats, or 19.5 percent), then 

approximately 303 charter vessels (19.5 

percent of 1,553 vessels) would be 

expected to be affected. This would 

result in an average reduction in NOR 

of approximately $800 per vessel, which 

would increase to a total of 

approximately $1,400 under an 

extension of the proposed prohibition 

for an additional 186 days. The annual 

average gross revenue per charter vessel 

from charter fees is estimated to range 

from approximately $80,000-$109,000 

(2007 dollars) for Florida vessels, 

$94,000-$115,000 for North Carolina 

vessels, $88,000-$107,000 for Georgia 

vessels, and $41,000-$50,000 for South 

Carolina vessels. 

Although all the effects described 

above are short-term in nature, due to 

the limited duration of the proposed 

temporary rule, continued long-term 

unquantified adverse economic effects 

could occur at the individual vessel and 

fishery level if the short-term effects 

result in business failure. 

Three alternatives, including the 

status quo, were considered for this 

proposed temporary rule. The proposed 

action would prohibit the harvest 

(retention) and sale of red snapper in 

the South Atlantic commercial and 

recreational fisheries for 180 days, with 

extension potential for another 186 

days. The first alternative to the 

proposed action, the status quo, would 

not prohibit the harvest and sale of red 

snapper, would not reduce overfishing 

of red snapper while long-term 

management measures are developed 

and implemented, and would not 

achieve NMFS’s objective. 

The second alternative to the 

proposed prohibition on the harvest and 

sale of red snapper would only establish 

a 4-month seasonal closure. A 4-month 

seasonal closure could not be extended 

and would not be expected to allow 

sufficient time for the development and 

implementation of long-term 

management measures to protect red 

snapper. As a result, this alternative 

would not achieve NMFS’s objective. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: June 29, 2009. 

James W. Balsiger, 

Acting Assistant Administrator For Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

1. The authority citation for part 622 

continues to read as follows: 

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

2. In § 622.35, paragraph (l) is added 

to read as follows: 

§ 622.35 Atlantic EEZ seasonal and/or area 

closures. 

* * * * * 

(l) Closure of the commercial and 

recreational fisheries for red snapper. 

The commercial and recreational 

fisheries for red snapper in the South 

Atlantic EEZ are closed. During the 

closure, all fishing for red snapper is 

prohibited, and possession or sale of red 

snapper, harvested during the closure, 

in or from the South Atlantic EEZ is 

prohibited. For a person aboard a vessel 

for which a valid Federal commercial 

vessel permit or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued, the provisions 

of this closure apply regardless of 

whether the red snapper were harvested 

or possessed in state or Federal waters. 

[FR Doc. E9–15845 Filed 7–2–09; 8:45 am] 

BILLING CODE 3510–22–S 


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