The Gulf of Mexico Fishery Management Council (Council) has submitted Amendment 34 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP) for review, approval, and implementation by NMFS. Amendment 34 proposes to modify the income qualification requirements for the renewal of Gulf of Mexico (Gulf) commercial reef fish permits and revise the crew size regulations for dual-permitted vessels (i.e. vessels that possess both a charter vessel/headboat permit for Gulf reef fish and a commercial vessel permit for Gulf reef fish) while fishing commercially. The intent of Amendment 34 is to remove permit requirements that may no longer be applicable to current commercial fishing practices and to improve vessel safety in the Gulf reef fish fishery.
Written comments must be received on or before September 10, 2012.
ADDRESSES: You may submit comments on the amendment identified by ``NOAA-NMFS-2011-0025'' by any of the following methods:
Electronic submissions: Submit electronic comments via the
Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Steve Branstetter, 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 ``NOAA-NMFS-2011-0025'' in the search field and click on ``search''. After you locate the proposed rule, click the ``Submit a Comment'' link in that row. This will display the comment Web form. You can enter your submitter information (unless you prefer to remain anonymous), and type your comment on the Web form. You can also attach additional files (up to 10 MB) in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Comments received through means not specified in this rule will not be considered.
For further assistance with submitting a comment, see the ``Commenting'' section at http://www.regulations.gov/#!faqs or the Help section at http://www.regulations.gov.
Electronic copies of Amendment 34, which includes an environmental assessment and a regulatory impact review, may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sf/GrouperSnapperandReefFish.htm.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, Southeast Regional Office, NMFS, telephone 727-824-5305; email: Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires each
Regional Fishery Management Council to submit any fishery management
plan or amendment to NMFS for review and approval, disapproval, or
partial approval. The Magnuson-Stevens Act also requires that NMFS,
upon receiving a plan or amendment, publish an announcement in the
Federal Register notifying the public that the plan or amendment is
available for review and comment.
Background
This amendment addresses several administrative issues relative to
earned income requirements for commercial Gulf reef fish permit renewal
and to the maximum crew size for dual-permitted vessels while fishing
commercially. Due to recent changes in the Gulf reef fish commercial
sector the income requirement and crew size limit regulations may no
longer effectively serve their original purposes. The Council
considered several alternatives for modifying the income requirement
for permit renewal and the maximum crew size of dual-permitted vessels.
These alternatives are summarized below.
Eliminating the Income Qualification Requirements for Commercial Gulf
Reef Fish Permits
Under the current regulations, an applicant renewing a commercial
vessel permit for Gulf reef fish must attest that greater than 50
percent of his/her earned income is derived from commercial fishing
(i.e. harvest and first sale of fish) or charter fishing during either
of the 2 calendar years preceding the application. Applicants must
complete the Income Qualification Affidavit section on the Federal
Permit Application for Vessels Fishing in the EEZ (Federal Permit
Application) as proof of meeting permit income qualification
requirements for commercial Gulf reef fish vessel permits.
In addition, the requirement does not address regulatory changes
such as the implementation of individual fishing quota (IFQ) programs
for the red snapper and grouper/tilefish species which account for the
majority of Gulf reef fish landings. Regardless of the proportion of a
fisherman's income derived from commercial or charter fishing,
participation in these IFQ fisheries is restricted to those who possess
quota shares or who sell annual allocation. Eliminating the income
requirement would afford more flexibility to fishermen to allow them to
earn income in other occupations. This added flexibility would allow
some fishermen to renew their permits even if they did not have the
opportunity to earn enough income from fishing.
In addition, this income requirement is relatively easy to meet or
circumvent. However, the process of collecting tax return documentation
is a large administrative burden that has been tried and failed in the
past. Finally, the elimination of income requirements would also
decrease the administrative burden to NMFS and the applicant by
simplifying the permit renewal process.
The Council considered expanding the income sources used to
determine the applicant's income earned from fishing to include income
earned from the sale of IFQ shares and allocation. However, this
alternative is not expected to affect the relative ease with which
income qualification requirements can be circumvented. Another
alternative would have replaced the income requirement with a landings
requirement where an applicant would be required to prove that a
predetermined amount of Gulf reef fish had been landed in the preceding
year. The Council considered minimum annual landings thresholds ranging
from 500 lb (227 kg) to 2,000 lb (907 kg) of Gulf reef fish. This
alternative could increase the administrative burden and be difficult
to monitor and enforce. A landings requirement may raise the potential
of increased fishing effort to achieve the required threshold. Finally,
the Council considered implementation of a protocol to temporarily
suspend income requirements in response to events and conditions (such
as oil spills or hurricanes) that affect fishing effort regionally or
Gulf-wide. However, the election to eliminate the income requirements
renders this option redundant.
Increasing the Maximum Crew Size for Dual-Permitted Vessels
Currently, 154 vessels possess a charter vessel/headboat permit and
a commercial permit for Gulf reef fish, referred to as dual-permitted
vessels. Unless the vessel has a certificate of inspection, dual-
permitted vessels are limited to a three person maximum crew size as
established under the final rule implementing Amendment 1 to the FMP
(GMFMC 55 FR 2078, January 22, 1990). Historically, limiting the crew
size on a dual-permitted vessel when fishing commercially may have
served to prevent a vessel from taking out a number of passengers under
the pretense of making a charter trip, but subsequently selling the
catch. Under current commercial fishing practices, limiting the crew
size of a vessel to prevent selling catch caught on a charter trip is
no longer a primary concern. In addition to the implementation of the
individual fishing quota programs, all commercial Gulf reef fish
vessels are required to be equipped with vessel monitoring systems. The
strict reporting requirements of these management measures make it
clear when a vessel is operating as a commercial vessel.
Dual-permitted commercial spear fishermen requested an increase in
crew size to allow two divers in the water, diving as a buddy pair,
while two crew members remain aboard the vessel. This conforms to safe
operating procedures for commercial diving and directly promotes the
safety of human life at sea. The Council considered eliminating the
crew size completely or increasing the maximum size from three to four
persons. It is possible that eliminating the crew size requirement
completely could lead to an increase in effort or other unintended
consequences. Therefore, the Council selected the more prudent
alternative, a controlled increase in crew size from three to four
persons. Limiting the crew size increase to one additional crew member
rather than eliminating the maximum crew size requirement completely
minimizes any potential increase in efficiency and other unintended
effects.
Proposed Rule for Amendment 34
A proposed rule that would implement Amendment 34 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating
Amendment 34 to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable law. If the determination is
affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The Council submitted Amendment 34 for Secretarial review,
approval, and implementation. NMFS' decision to approve, partially
approve, or disapprove Amendment 34 will be based, in part, on
consideration of comments, recommendations, and information received
during the comment period on this notice of availability.
Public comments received by 5 p.m. eastern time, on September 10,
2012, will be considered by NMFS in the approval/disapproval decision
regarding Amendment 34.