Proposed Rule2024-10475
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack and Red Snapper Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 15, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to implement management measures described in a framework action under 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 proposed rule would modify the Gulf of Mexico (Gulf) greater amberjack commercial trip limit and the recreational fixed closed season. Additionally, this proposed rule would clarify the Gulf red snapper charter vessel/headboat (for-hire) component quota and annual catch target (ACT) regulations. The purposes of this proposed rule are to extend the commercial and recreational fishing seasons for Gulf greater amberjack while continuing to prevent overfishing and rebuild the stock; and clarify that a person on a vessel issued a Gulf for-hire permit at any time during the fishing year can only harvest red snapper if the vessel is operating as a for-hire vessel.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 95 (Wednesday, May 15, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 95 (Wednesday, May 15, 2024)]
[Proposed Rules]
[Pages 42413-42419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10475]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 240508-0131]
RIN 0648-BM82
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Greater Amberjack and 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 under 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
proposed rule would modify the Gulf of Mexico (Gulf) greater amberjack
commercial trip limit and the recreational fixed closed season.
Additionally, this proposed rule would clarify the Gulf red snapper
charter vessel/headboat (for-hire) component quota and annual catch
target (ACT) regulations. The purposes of this proposed rule are to
extend the
[[Page 42414]]
commercial and recreational fishing seasons for Gulf greater amberjack
while continuing to prevent overfishing and rebuild the stock; and
clarify that a person on a vessel issued a Gulf for-hire permit at any
time during the fishing year can only harvest red snapper if the vessel
is operating as a for-hire vessel.
DATES: Written comments must be received on or before June 14, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket">https://www.regulations.gov/docket</a>[NOAA-NMFS-2024-0012]. You may
submit comments on this document, identified by [NOAA-NMFS-2024-0012],
by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type [NOAA-NMFS-2024-0012], in the Search box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
<bullet> Mail: Submit written comments to Dan Luers, 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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), 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, a fishery impact statement, an Initial
Regulatory Flexibility analysis (IRFA), and a regulatory impact review,
may be obtained from the Southeast Regional Office website at <a href="https://www.fisheries.noaa.gov/action/framework-action-modify-greater-amberjack-recreational-fixed-closed-season-and-commercial">https://www.fisheries.noaa.gov/action/framework-action-modify-greater-amberjack-recreational-fixed-closed-season-and-commercial</a>.
FOR FURTHER INFORMATION CONTACT: Dan Luers, telephone: 727-824-5305, or
email: <a href="/cdn-cgi/l/email-protection#d8bcb9b6b1bdb4f6b4adbdaaab98b6b7b9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="4d292c23242821632138283f3e0d23222c2c632a223b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
greater amberjack, is managed under the FMP. The FMP was prepared by
the Council, approved by the Secretary of Commerce, and is implemented
by NMFS through regulations at 50 CFR part 622 under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
Background
The Magnuson-Stevens Act requires NMFS and the regional fishery
management councils to prevent overfishing and achieve, on a continuing
basis, the optimum yield 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 to
protect marine ecosystems.
The greater amberjack stock in the Gulf has been overfished since
2001. To help rebuild the stock, NMFS has implemented several
modifications to the rebuilding plan, including changes to the
commercial and recreational catch levels, and changes to management
measures intended to constrain harvest and extend the commercial and
recreational seasons. NMFS recently implemented Amendment 54 to the
FMP, which modifies the Gulf greater amberjack rebuilding time period
and substantially reduces the sector-specific annual catch limits
(ACLs) and ACTs (88 FR 39193, June 15, 2023). Implementation of that
final rule and Amendment 54 is expected to result in the stock
rebuilding by 2027.
In the Gulf, greater amberjack is not a common target species for
the reef fish commercial sector, with the majority of trips landing
less than 500 lb (227 kg), gutted weight (520 lb (236 kg), round
weight) of the species. As described at 50 CFR 622.41(a)(1), when
commercial landings for greater amberjack reach or are projected to
reach the commercial ACT, which is codified as the commercial quota,
NMFS closes the commercial sector for the remainder of the fishing
year. Any overage of the commercial ACL results in both a reduction of
the commercial ACT and the commercial ACL in the following fishing year
by the amount of the commercial ACL overage.
In 2012, the final rule for Amendment 35 to the FMP established a
Gulf greater amberjack commercial trip limit of 2,000 lb (907 kg),
round weight (77 FR 67574, November 13, 2012). In 2015, NMFS
implemented a framework action under the FMP to reduce the Gulf greater
amberjack commercial trip limit to 1,500 lb (680 kg), gutted weight
(1,560 lb (708 kg), round weight) (80 FR 75432, December 2, 2015). In
2020, NMFS implemented a framework action that further reduced the Gulf
greater amberjack commercial trip limit to 1,000 lb (454 kg), gutted
weight (1,040 lb (472 kg), round weight) (85 FR 20611, April 14, 2020).
That framework action and final rule also included a reduction in the
trip limit to 250 lb (113 kg), gutted weight (260 lb (118 kg), round
weight) when 75 percent of the commercial quota was reached. The
current framework action projected that under the current trip limit,
the trip limit reduction was projected to occur in February with a
season closure occurring in June.
In the current framework action, the Council is recommending that
NMFS reduce the commercial trip limit further due to the substantial
catch limit reductions implemented by Amendment 54 to lengthen the
commercial fishing season. The framework action would reduce the
commercial trip limit for Gulf greater amberjack to seven fish, which
is approximately equal to 210 lb (95 kg), gutted weight (218 lb (99
kg), round weight). This reduction in the trip limit is expected to
extend the commercial season until September unless an overage of the
commercial ACL occurs in the prior fishing year, which would require a
reduction in the commercial ACL and ACT and result in a reduction in
the season length. NMFS notes that in the 2023 fishing year, the
commercial ACL was exceeded by 35,280 lb (16,003 kg), round weight
resulting in a reduction of the commercial ACL and ACT for the 2024
fishing year (see 88 FR 80995, November 21, 2023). NMFS is monitoring
2024 commercial landings and will prohibit commercial harvest and
possession of Gulf greater amberjack when NMFS projects that the
reduced ACT will be met.
As described in the framework action, this reduction of the trip
limit to seven fish would eliminate the remaining direct commercial
harvest trips for greater amberjack. The Council recognized that the
greater amberjack stock is overfished and has not rebuilt as expected.
Thus, the Council determined that a more cautious approach was
warranted and chose to recommend reducing the commercial trip limit.
At its October 2023 meeting, the Council discussed the impact of
the required reduction to the 2024 commercial catch limits as a result
of landings exceeding the ACL in 2023. The Council expressed concern
about constraining landings to the reduced catch limits under the
current trip limit when the commercial season opens in January 2024,
which could potentially result in another commercial overage in 2024
and further reduce the harvest for
[[Page 42415]]
2025. Since the reduced commercial trip limit in this proposed rule, if
implemented, would not be effective until later in 2024, the Council
requested that NMFS implement an emergency action to reduce the
commercial trip limit to seven fish. NMFS and the Council expected this
lower trip limit to benefit the greater amberjack stock by increasing
the duration of the commercial open season, which is expected to result
in fewer regulatory discards (i.e., discards required after the quota
has been reached). On December 18, 2023, a final temporary rule for
emergency action for Gulf greater amberjack was published in the
Federal Register and is effective through June 15, 2024 (88 FR 87365).
For this action, the Council considered three other commercial trip
limit alternatives which ranged from a five fish to an eight fish trip
limit (approximately a range of 150 lb (68 kg), gutted weight to 257 lb
(117 kg), gutted weight. They also considered a 250 lb (113 kg), gutted
weight (260 lb (118 kg), round weight) trip limit. For the Council's
preferred trip limit alternative action, the Council decided to specify
the trip limit in numbers of fish instead of pounds of fish based in
part on recommendations from its Reef Fish Advisory Panel (AP) and the
Law Enforcement Technical Committee on their preferred way to specify
the commercial trip limit. A trip limit in numbers of fish is more
enforceable and reduces the chance of commercial fishermen exceeding
the trip limit.
The Council decided that the reduced trip limit, which would extend
the commercial fishing season as long as practicable, was a more
desirable solution. This proposed trip limit alternative is expected to
allow for as many fishing days as practicable while reducing the chance
of exceeding the reduced lower catch limits implemented under the final
rule for Amendment 54, and addresses needs of the rebuilding plan.
In the framework action, the Council also decided to recommend
modifying the Gulf greater amberjack recreational fixed closed season
in order to extend the recreational fishing season and to protect
greater amberjack spawning. As described in the framework action, under
the current recreational season structure, which opens on August 1,
projections indicate that the season would only last approximately 3
weeks. Gulf greater amberjack is a common target species for the reef
fish recreational sector. Like the commercial sector, when recreational
landings for greater amberjack reach or are projected to reach the
recreational ACT, NMFS closes the recreational sector for the remainder
of the fishing year and any overage of the recreational ACL is reduced
from the following fishing year's recreational ACT and ACL (50 CFR
622.41(a)(2)). NMFS notes that when the Gulf greater amberjack
recreational sector is closed, the species remains a popular catch and
release fish.
In 2012, the final rule implementing Amendment 35 established a
Gulf greater amberjack recreational fixed closed season of June 1 to
July 31 to restrict harvest during times of peak recreational fishing.
In 2017, NMFS implemented a framework action under the FMP to set the
Gulf greater amberjack recreational fixed closed season to January 1
through June 31 to protect greater amberjack spawning and allow the
Council additional time to consider further modify the fixed closed
season (82 FR 61485, December 28, 2017). In 2018, NMFS implemented a
framework action under the FMP that revised the recreational fishing
year from the calendar year (January 1 through December 31) to be from
August 1 through July 31, and modified the Gulf greater amberjack
recreational fixed closed season to be from November 1 through April 30
and from June 1 through July 31 (83 FR 13426, March 29, 2018). This
meant that until the recreational ACT is reached or projected to be
reached, recreational harvest is allowed during the months of August
through October, and during the month of May. The current fixed closed
season prohibits harvest during the peak greater amberjack spawning
period in the majority of the Gulf (i.e., March and April) and allows
for both a fall and spring recreational season if no in-season closure
is required.
For the present action, the Council decided to recommend modifying
the recreational fixed closed season in response to the substantial
recreational catch limit reductions implemented through the final rule
for Amendment 54 in order to lengthen the recreational fishing season
and to protect the greater amberjack stock during all documented
spawning periods in the Gulf (i.e., March through June). This change to
the recreational fixed closed season, from the current closures of
January 1 through April 30, from June 1 through July 31, and from
November 1 through December 31, each year, to new closures from January
1 through August 31, and from November 1 through December 31, each
year, would eliminate the spring recreational season. The revised
recreational closure would allow for protection of the stock during the
entire spawning period in the Gulf.
As described in the framework action, this proposed fixed closed
season modification is projected to allow the recreational fishing
season to be open for all of September and most of October (i.e.,
projected to extend to October 26th) each year. However, if
recreational effort were to shift as a result of the fixed closed
season change, then it is possible a recreational closure may occur
earlier during the open season.
The Council considered four other fixed closed season alternatives
in the framework action which are discussed in the Classification of
this proposed rule. However, the Council determined that most of these
fixed closed season alternatives had too much uncertainty due to
limited historic data, did not extend the season as intended, or
allowed harvest to occur during spawning. As with the commercial
sector, the Council determined that a more cautious approach for
management was warranted in order to meet the rebuilding timeline.
Management Measures Contained in This Proposed Rule
If implemented, this proposed rule would revise the commercial trip
limit and recreational fixed closed season for Gulf greater amberjack.
Commercial Trip Limit
The existing regulations set the commercial trip limit for Gulf
greater amberjack at 1,000 lb (454 kg), gutted weight (1,040 lb (472
kg), round weight), with a reduction to 250 lb (113 kg), gutted weight
(260 lb (118 kg), round weight) when 75 percent of the commercial quota
has been reached. This proposed rule would instead reduce the
commercial trip limit to seven fish. Once the commercial quota has been
reached, the commercial sector will close and commercial harvest is
prohibited (50 CFR 622.41(a)(1)(i)).
As described in the framework action, the proposed trip limit
reduction to seven fish (i.e., approximately 210 lb (95 kg), gutted
weight (218 lb (99 kg), round weight) is expected to extend the length
of the commercial fishing season into September, which would not occur
under the status quo commercial trip limit. However, a commercial in-
season closure in 2024 is projected to occur under the reduced trip
limit sometime in June. As described in the framework action, if no
commercial ACL overage occurs in 2024, an in-season closure under a
seven fish trip limit is expected to occur in September of 2025.
In recommending this trip limit, the Council recognized that the
Gulf greater amberjack stock is overfished and has not rebuilt as
expected under the
[[Page 42416]]
current and previous rebuilding plans. NMFS determined, in accordance
with the Council's findings, that a more cautious approach for the
commercial fishery was warranted and chose to substantially reduce the
commercial trip limit.
Recreational Fixed Closed Season
The current Gulf greater amberjack recreational fixed closed season
is from January 1 through April 30, June 1 through July 31, and
November 1 through December 31, each year. This proposed rule would
revise the closed season to January 1 through August 31, and November 1
through December 31, each year. This would result in the recreational
season being scheduled to be open from September 1 through October 31,
each year. NMFS notes that during the closure, the recreational bag and
possession limit for greater amberjack in or from the Gulf exclusive
economic zone (EEZ) is zero (50 CFR 622.34(c)).
Measure Contained in This Proposed Rule but Not Contained in the
Framework Action
In addition to the Gulf greater amberjack management measures in
the framework action, this proposed rule would clarify language related
to the Gulf red snapper Federal charter vessel/headboat (for-hire)
component quota (50 CFR 622.39(a)(2)(i)(B)) and the Gulf red snapper
Federal for-hire component ACT (50 CFR 622.41(q)(2)(iii)(B)). When
Amendment 40 to the FMP was implemented in 2015 and allocated the
recreational ACL (quota) between the Federal for-hire and private
angling components, the provisions referenced above specified that the
Federal for-hire quota and ACT apply ``to vessels that have been issued
a valid Federal charter vessel/headboat permit for Gulf reef fish any
time during the fishing year.'' (80 FR 22422, April 22, 2015). This
language was necessary to maintain the selected allocation between the
components by allowing only those vessels issued the Federal for-hire
permit during the fishing year to harvest red snapper under the for-
hire component quota.
Subsequently, NMFS determined that it would be helpful to clarify
these provisions to specify the restrictions on harvest and possession
of red snapper when the for-hire season is closed by adding the
following language: ``A person aboard a vessel that has been issued a
charter vessel/headboat permit for Gulf reef fish any time during the
fishing year may not harvest or possess red snapper in or from the Gulf
when the Federal charter vessel/headboat component is closed'' (85 FR
6819, February 6, 2020; 88 FR 37475 June 8, 2023). In this proposed
rule, and consistent with Amendment 40, NMFS proposes to add additional
clarifying language to specify the restrictions on harvest and
possession of red snapper when the for-hire season is open. This
language would provide that when the Federal charter for-hire component
is open, a person on board a vessel that has been issued a for-hire
permit for Gulf reef fish at any time during the fishing year may
harvest or possess red snapper in or from the Gulf only when the vessel
is operating as a charter vessel or headboat.
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 framework action, 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 Magnuson-Stevens Act provides
the legal basis for this proposed rule. No duplicative, overlapping, or
conflicting Federal rules have been identified. In addition, no new
reporting and record-keeping requirements are introduced by this
proposed rule. This proposed rule contains no information collection
requirements under the Paperwork Reduction Act of 1995.
NMFS prepared an IRFA for this proposed rule, as required by
section 603 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 603. The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of this proposed rule, why
it is being considered, and the purposes of this proposed rule are
contained in the SUMMARY and SUPPLEMENTARY INFORMATION sections of the
preamble. A copy of the full analysis is available from NMFS (see
ADDRESSES). A summary of the IRFA follows. The objectives of this
proposed rule are to maintain commercial and recreational access to the
greater amberjack component of the Gulf reef fish fishery, given the
substantial ACL decreases under the Gulf greater amberjack rebuilding
plan in Amendment 54, and ensure anglers and for-hire vessel operators
understand that a person on a vessel issued a Gulf for-hire permit at
any time during the fishing year can only harvest red snapper if the
vessel is operating as a for-hire vessel. All monetary estimates in the
following analysis are in 2021 dollars.
The existing regulations set the commercial trip limit for Gulf
greater amberjack at 1,000 lb (454 kg), gutted weight (1,040 lb (472
kg), round weight), with a reduction to 250 lb (113 kg), gutted weight
(260 lb (118 kg), round weight) when 75 percent of the commercial quota
has been reached. This proposed rule would instead reduce the
commercial trip limit to seven fish. This proposed rule would also
establish the new commercial trip limit based on numbers of fish rather
than on weight. As described in the framework action, a trip limit of
seven fish is approximately equal to 210 lb (95 kg), gutted weight (218
lb (99 kg), round weight).
This proposed rule would also modify the recreational fixed closed
season for Gulf greater amberjack from the original dates of November 1
through April 30 and June 1 through July 31 to the new dates of August
1 through August 31 and November 1 through July 31.
This proposed rule would also clarify language in the regulations
related to the Gulf red snapper Federal charter vessel/headboat
component quota and the Gulf red snapper Federal charter vessel/
headboat component ACT.
Specifically, the regulations would be modified to clarify that a
person on a vessel issued a Gulf for-hire permit at any time during the
fishing year can only harvest red snapper if the vessel is operating as
a for-hire vessel.
Given these proposed actions, this proposed rule is expected to
regulate commercial fishing businesses and charter vessel/headboat
(for-hire) fishing businesses that harvest Gulf greater amberjack. The
action to clarify existing regulations related to the Gulf red snapper
Federal charter vessel/headboat component quota and the Gulf red
snapper Federal charter vessel/headboat component ACT are
administrative in nature, and thus would not regulate or directly
affect any entities.
A valid commercial Gulf reef fish vessel permit is required in
order for commercial fishing vessels to legally harvest greater
amberjack in the Gulf. At the end of 2020, 837 vessels possessed valid
commercial Gulf reef fish vessel permits. However, not all vessels with
a commercial Gulf reef fish permit actually harvest greater amberjack
in the Gulf. From 2017 through 2021, the average number of vessels that
commercially harvested Gulf greater amberjack was 199. Ownership data
regarding vessels that harvest Gulf greater amberjack are incomplete
which prohibits accurately determining affiliations between these
particular
[[Page 42417]]
vessels. Since determining ownership affiliations is not currently
feasible, for the purposes of this analysis, NMFS assumes each of these
vessels is independently owned by a single business. NMFS expects this
assumption to result in an overestimate of the actual number of
commercial fishing businesses regulated by this proposed rule. Thus, it
is assumed this proposed rule would regulate 199 commercial fishing
businesses.
Although the proposed changes to the recreational fixed closed
season would apply to recreational private anglers, the RFA does not
consider recreational private anglers to be entities. Small entities
include small businesses, small organizations, and small governmental
jurisdictions (see 5 U.S.C. 601(6) and 601(3)-(5)). Recreational
private anglers are not businesses, organizations, or governmental
jurisdictions and so they are outside the scope of this analysis (see 5
U.S.C. 603).
A valid Federal charter vessel/headboat (for-hire) permit for Gulf
reef fish is required to legally harvest greater amberjack in the Gulf
from a for-hire vessel. NMFS does not possess complete ownership data
for vessels that hold charter vessel/headboat Gulf reef fish vessel
permits and thus potentially harvest greater amberjack. Therefore,
accurately determining affiliations between these vessels and the
businesses that own them is not currently feasible. As a result, for
purposes of this analysis, NMFS assumes each for-hire vessel is
independently owned by a single business, which is expected to result
in an overestimate of the actual number of for-hire fishing businesses
regulated by this proposed rule.
NMFS also does not have data indicating how many for-hire vessels
actually harvest Gulf greater amberjack in a given year. In 2020, there
were 1,289 vessels with valid charter-headboat Gulf reef fish vessel
permits. Of these 1,289 vessels, 803 were homeported in Florida. Of
these 803 vessels, 62 are primarily used for commercial fishing rather
than for-hire fishing purposes and thus are not considered for-hire
fishing businesses (i.e., 1,227 vessels are for-hire fishing
businesses). In addition, 46 of the permitted vessels are considered
headboats. However, headboats take a relatively large, diverse set of
anglers to harvest a diverse range of species on a trip and therefore
do not typically target a particular species. Therefore, NMFS assumes
that no headboat trips would be canceled, and thus no headboats would
be directly affected as a result of this proposed rule.
Charter vessels often target greater amberjack. Of the 803 vessels
with valid charter-headboat Gulf reef fish vessel permits that are
homeported in Florida, 62 are primarily commercial fishing vessels and
46 are headboats, while the remaining 695 are charter vessels. As
described in the framework action, 76 percent of charter vessels with
valid charter-headboat permits in the Gulf were active in 2017 (i.e.,
24 percent were not fishing). A charter vessel would only be directly
affected by this proposed rule if it is fishing. Given this
information, NMFS' best estimate of the number of charter vessels that
are likely to target Gulf greater amberjack in a given year is 528.
Thus, this proposed rule is estimated to regulate 528 for-hire fishing
businesses.
For RFA purposes, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (NAICS Code 114111 (50 CFR 200.2)). A
business primarily involved in the commercial 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 its combined annual receipts (i.e., revenue) are not
in excess of $11 million for all of its affiliated operations
worldwide. From 2017 through 2021, the maximum annual gross revenue
earned by a single commercial reef fish vessel during this time was
about $3.19 million, while the average annual gross revenue for a
vessel commercially harvesting Gulf greater amberjack was $194,894.
Based on this information, all commercial fishing businesses regulated
by this proposed rule are determined to be small entities for the
purpose of this analysis.
For other industries, the Small Business Administration has
established size standards for all major industry sectors in the U.S.,
including for-hire businesses (NAICS code 487210). A business primarily
involved in for-hire fishing 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 annual receipts (i.e.,
revenue) not in excess of $14.0 million for all its affiliated
operations worldwide. The maximum annual gross revenue for a single
headboat in the Gulf was about $1.45 million in 2017. On average,
annual gross revenue for headboats in the Gulf is about three times
greater than the annual gross revenue for charter vessels, reflecting
the fact that businesses that own charter vessels are typically smaller
than businesses that own headboats. Based on this information, all for-
hire fishing businesses regulated by this proposed rule are determined
to be small businesses for the purpose of this analysis.
If implemented, NMFS expects this proposed rule to directly affect
199 of the 837 commercial fishing businesses that possess a valid
commercial Gulf reef fish permit (approximately 24 percent of those
commercial fishing businesses). Further, NMFS expects this proposed
rule to directly affect 528 of the 1,227 for-hire fishing businesses
with valid Federal charter vessel/headboat permits in the Gulf reef
fish fishery (approximately 43 percent of those for-hire fishing
businesses). For the purpose of this analysis, all affected commercial
and for-hire fishing businesses are small entities. Based on this
information, NMFS expects the proposed rule to affect a substantial
number of small entities.
For vessels that commercially harvest greater amberjack in the
Gulf, currently available data indicates that economic profits are
approximately 38 percent of annual average gross revenue. Given that
their average annual gross revenue is $194,894, annual average economic
profit per vessel is estimated to be approximately $74,060. This
proposed rule would reduce the commercial trip limit for greater
amberjack to seven fish. As described in the framework action, a trip
limit of seven fish is approximately equal to 210 lb (95 kg), gutted
weight; 218 lb (99 kg), round weight. This proposed rule is expected to
lengthen the commercial fishing season for greater amberjack.
Economic effects expected to result from changes in commercial trip
limits would typically include changes in ex-vessel revenues and
profits of commercial fishing businesses. However, based on the
relatively small size of the greater amberjack commercial ACT and
harvest projections, commercial fishing businesses are projected to
harvest all of the allocated commercial quota regardless of the
commercial trip limit. Therefore, changes in ex-vessel revenues and
profits for commercial fishing businesses would not be expected to
result from the proposed action to change the commercial trip limit
from 1,000 lb (454 kg) gutted weight, to seven fish.
Based on the most recent information available, average annual
profit is $27,000 per charter vessel. Net Cash Flow per Angler Trip
(CF<INF>p</INF>A) is the best available estimate of profit per angler
trip by charter vessels. CF<INF>p</INF>A on charter vessels is
estimated to be $149 per
[[Page 42418]]
angler trip. Expected changes in charter trips targeting greater
amberjack were derived from projected closure dates of the proposed
action to modify the recreational fixed closed season, and from the
average distribution of greater amberjack target trips by wave and mode
between 2018 and 2021. Assuming there is no shift in effort, it is
estimated that the change in the recreational fixed closed season would
result in a decrease to the number of charter trips targeting greater
amberjack by 195 trips, and thereby decrease the profits to charter
fishing businesses by $29,108. On average, this would decrease profits
by $55 per vessel. Thus, economic profits are expected to be reduced by
0.2 percent on average per charter fishing business.
Three alternatives, including the status quo, were considered for
the proposed action to modify the commercial trip limit for Gulf
greater amberjack and establish a new commercial trip limit based on
numbers of fish rather than weight. The first alternative, the status
quo, would have retained the current commercial trip limit for Gulf
greater amberjack of 1,000 lb (454 kg), gutted weight (1,040 lb (472
kg,) round weight). Additionally, when 75 percent of the ACT is
projected to be reached, the commercial trip limit would have been
reduced to 250 lb (113 kg), gutted weight (260 lb (118 kg) round
weight). This alternative would have allowed some targeting of greater
amberjack to continue. However, the Council did not recommend, and NMFS
did not select, this alternative because it would not modify the trip
limit from pounds of fish, which is more difficult to enforce compared
to a count of fish. This alternative is also expected to result in the
shortest overall season, which is contrary to the objectives of the
framework action.
The second alternative would have established a commercial trip
limit of eight fish. A trip limit of eight fish is approximately equal
to 257 lb (117 kg), gutted weight; 267 lb (121 kg), round weight. The
Council did not recommend and NMFS did not select this alternative
because it is not expected to extend the commercial season as long as
the proposed action would.
The third alternative would have established a commercial trip
limit of five fish. A trip limit of five fish is approximately equal to
150 lb (68 kg), gutted weight; 155 lb (70 kg), round weight. Like the
proposed action, this alternative would have modified the trip limit
from pounds of fish to numbers of fish. Although this trip limit would
have resulted in the longest commercial season, the Council did not
recommend and NMFS did not select this alternative because it was
deemed to be too restrictive.
Two alternatives, including the status quo, were considered for the
proposed action to modify the recreational fixed closed season for Gulf
greater amberjack. The first alternative, the status quo, would have
retained the current recreational fixed closed season of November 1
through April 30 and June 1 through July 31. As described in the
framework action, this alternative was not selected because it results
in the shortest projected season (i.e., 21 days), which could promote
race to fish (i.e., derby-like) fishing behavior, and does not protect
the stock during spawning periods. As described in the framework
action, the Council also expressed a desire for a longer season length
rather than a split season and a fishing season start date in August.
Further, this alternative gives the least flexibility to for-hire
operators with respect to rescheduling trips due to inclement weather
or other constraints with the short-projected season. For all of the
reasons stated above, NMFS agrees with the Council's decision not to
recommend the status quo alternative.
The second alternative would have modified the recreational fixed
closed season to be August 1 through August 31, October 1 through April
30, and June 1 through July 31. Although this alternative would have
been expected to result in a greater amount of charter trips targeting
Gulf greater amberjack compared to the status quo, it still allows for
harvest during the spawning season. The Council did not recommend and
NMFS did not select this alternative because it does not protect the
stock during spawning periods as described in the framework action,
which ultimately could have negative long-term effects if the stock
does not rebuild.
List of Subjects in 50 CFR Part 622
Commercial, Fisheries, Fishing, Greater amberjack, Gulf,
Recreational, Red snapper, Reef fish.
Dated: May 8, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 622 as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.34, revise paragraph (c) to read as follows:
Sec. 622.34 Seasonal and area closures designed to protect Gulf reef
fish.
* * * * *
(c) Seasonal closure of the recreational sector for greater
amberjack. The recreational sector for greater amberjack in or from the
Gulf EEZ is closed from January 1 through August 31 and from November 1
through December 31 each year. During the closure, the bag and
possession limit for greater amberjack in or from the Gulf EEZ is zero.
* * * * *
0
3. In Sec. 622.39, revise paragraph (a)(2)(i)(B) to read as follows:
Sec. 622.39 Quotas.
* * * * *
(a) * * *
(2) * * *
(i) * * *
(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. A person aboard a vessel
that has been issued a charter vessel/headboat permit for Gulf reef
fish any time during the fishing year may not harvest or possess red
snapper in or from the Gulf when the Federal charter vessel/headboat
component is closed. When the Federal charter vessel/headboat component
is open, a person on board a vessel that has been issued a charter
vessel/headboat permit for Gulf reef fish at any time during the
fishing year may harvest or possess red snapper in or from the Gulf
only when the vessel is operating as a charter vessel or headboat. The
Federal charter vessel/headboat component quota is 3,380,574 lb
(1,533,403 kg), round weight.
* * * * *
0
4. In Sec. 622.41, revise paragraph (q)(2)(iii)(B) to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) * * *
(2) * * *
(iii) * * *
(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. A person aboard a
[[Page 42419]]
vessel that has been issued a charter vessel/headboat permit for Gulf
reef fish any time during the fishing year may not harvest or possess
red snapper in or from the Gulf when the Federal charter vessel/
headboat component is closed. When the Federal charter vessel/headboat
component is open, a person on board a vessel that has been issued a
charter vessel/headboat permit for Gulf reef fish at any time during
the fishing year may harvest or possess red snapper in or from the Gulf
only when the vessel is operating as a charter vessel or headboat. The
component ACT is 3,076,322 lb (1,395,396 kg), round weight.
* * * * *
0
5. In Sec. 622.43, revise paragraph (a) to read as follows:
Sec. 622.43 Commercial trip limits.
* * * * *
(a) Greater amberjack. Until the commercial quota specified in
Sec. 622.39(a)(1)(v) is reached--7 fish. See Sec. 622.39(b) for the
limitations regarding greater amberjack after the quota is reached.
* * * * *
[FR Doc. 2024-10475 Filed 5-14-24; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 15, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.