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Revised Proposed Rule to Establish Gulf of Mexico Red Snapper Individual Fishing Quota (IFQ) Referendum Procedures and
Vote Weighting Formula
December 30, 2003
Release from: NOAA
The National Marine Fisheries Service (NOAA Fisheries) has filed a
revised proposed rule to establish referendum procedures and vote
weighting formula for the Gulf of Mexico (Gulf) Red Snapper Individual
Fishing Quota (IFQ) Program. It was published in the Federal Register
on December 30, 2003, for public review and comment; comments were
requested through January 20, 2004. This revised proposed rule provides
potential participants with additional information about the schedule,
procedures, and eligibility requirements for participating in
referendums to determine whether or not an IFQ program for the Gulf
commercial red snapper fishery should be prepared, and if so, whether it
should subsequently be submitted to the Secretary of Commerce
(Secretary) for review. This proposed rule revises a previously
published proposed rule (68 FR 61178, October 27, 2003) based on
comments that were received on that rule. In response to those public
comments, this revised proposed rule includes additional options
regarding the procedure for weighting votes by eligible participants.
NOAA Fisheries is soliciting additional public comment on this proposed
rule and, particularly, comments on the vote-weighting options. The
intended effect of this revised proposed rule is to implement the
referendums consistent with the requirements of the Magnuson- Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
Referendum Processes
Establishment of a red snapper IFQ program is a two-tiered process
requiring that separate referendums be conducted by NOAA Fisheries. In
the first referendum, fishermen qualified to vote will be asked to
decide whether an IFQ program should be prepared. NOAA Fisheries will
present the results of the first referendum to the Gulf of Mexico
Fishery Management Council (Council), and, at that time, the Council may
elect to proceed with development of an IFQ plan amendment (assuming a
majority vote “yes” for the first referendum). After preparation of an
IFQ plan amendment, the Council may vote to submit the plan amendment to
the Secretary, pending approval by those voting in the second
referendum. In the second referendum, fishermen qualified to vote will
be asked to decide whether the alternatives proposed in the IFQ plan
amendment are acceptable and may be submitted to the Secretary for
review. It should be noted, however, that even if both referendums
pass, the Secretary is not mandated to enact an IFQ program.
Who Would Be Eligible to Vote in the Referendums
Section 407(c)(2) of the Magnuson-Stevens Act establishes criteria
regarding eligibility of persons to vote in the referendums. After
careful consideration of those criteria, NOAA Fisheries has determined
that the following persons would be eligible to vote in the referendums.
For the initial referendum:
(A) A person who according to NOAA Fisheries’ permit records has
continuously held their Gulf of Mexico red snapper endorsement/Class 1
license from September 1, 1996, through the date of publication in the
Federal Register of the final rule implementing these referendum
procedures;
(B) in the case of a Class 1 license that has been transferred through
sale since September 1, 1996, the person that according to NOAA
Fisheries’ permit records holds such Class 1 license as of the date of
publication in the Federal Register of the final rule implementing these
referendum procedures;
(C) in the case of a Class 1 license that has been transferred through
lease since September 1, 1996, both the final lessor and final lessee as
of the date of publication in the Federal Register of the final rule
implementing these referendum procedures, as determined by NOAA
Fisheries’ permit records; and
(D) a vessel captain who harvested red snapper under a red snapper
endorsement in each red snapper commercial fishing season between
January 1, 1993, and September 1, 1996.
Eligibility criteria for the second referendum are identical to that
established for the first referendum except for the date of publication
in the Federal Register of the final rule implementing those
procedures. This date will be announced in a future Southeast Fisheries
Bulletin if the first referendum passes by a majority “yes” vote by
eligible voters and the Council then elects to proceed with development
of an IFQ plan amendment.
Additional Alternatives for a Vote-Weighting Formula
Public comment received on the original proposed rule expressed concern
about the vote-weighting procedure, and specifically objected to
allowing both a qualified lessor and qualified lessee fully weighted
votes, resulting in double counting. In response to those public
comments, NOAA Fisheries has revised the proposed rule to include a
broader range of potential options for vote weighting.
NOAA Fisheries evaluated several additional alternatives for a vote
weighting formula for the IFQ referendum. In addition to the one vote
per-participant-per-pound approach specified in the initial proposed
rule (68 FR 61178, October 27, 2003), each alternative below is based on
varying the vote-per-qualifying-pound weighting by specified eligible
voting class based on their respective involvement in the fishery. The
following alternatives are not necessarily mutually exclusive and were
considered individually and in combinations. For the purpose of these
alternatives, the term “license” refers to a Class I license and/or
endorsement, consistent with the context of § 407(c) (2) of the
Magnuson-Stevens Act.
(1) Allocating one half (or some other fraction) of a vote per
qualifying pound to the qualifying historical vessel captain;
(2) Allocating one half (or some other fraction) of a vote per
qualifying pound to both the lessor and lessee license holders to avoid
double counting of the associated poundage;
(3) Allocating one vote per qualifying pound of landings to both
lessors and lessees, while allocating two votes per qualifying pound to
license holders who are not involved in lease arrangements with their
license;
(4) Votes could be weighted based on an individual’s level of
participation in the fishery, measured by length of time they held a
license. This could be applied to all license holders, or some portion
thereof, such as only lessors and lessees, and would prorate the
respective weight of a vote based on the number of years of
participation in the fishery. For example, using the 3-year time period
established for historical captain eligibility, a participant could be
awarded one vote per qualifying pound if they held a license for 3 or
more years, two thirds of a vote per qualifying pound if they held a
license for less than 3 but at least 2 years, and one third of a vote
per qualifying pound if they held it less than 2 years; and
(5) The total allowable weighted votes allocated to participants in
each referendum could be capped by the total number of pounds harvested,
which would eliminate all multiple counting of poundage. Then all
participants with eligibility tied to a particular license would have
their vote weighted at a ratio equal to all other participants
associated with that license, so that their combined vote would be equal
to one vote per pound of landings associated with that license. For
example, if a historical captain is eligible based on his landings under
a specific license during the relevant time period, and that license is
now held by a license holder who is not involved with lease arrangements
with that license, but who is not the same historical captain, then each
would get one half of a vote per pound of landings associated with the
license.
How Would Votes be Weighted
NOAA Fisheries will obtain applicable red snapper landings data from the
Southeast Fisheries Science Center reef fish logbook database.
Information from the NOAA Fisheries’ Southeast Regional Office permit
database will be used to assign total applicable landings to each
eligible voter (red snapper endorsement/Class 1 license holder,
lessee/lessor, or vessel captain). To address confidentiality concerns,
NOAA Fisheries will establish a series of categories (ranges) of red
snapper landings based on 5,000-pound intervals (e.g., 0-5000 pounds;
5,001-10,000 pounds, etc.) concluding with the interval that includes
the highest documented landings. The total landings attributed to each
eligible voter during the period January 1, 1993, and September 1, 1996,
would be assigned to the appropriate category. The overall landings
assigned to each category would be determined. That average number of
pounds would be the vote-weighting factor, i.e., one vote for each such
pound, for each eligible voter whose landings fall within that
category. For example, if the overall average number of pounds
attributed to the 5,001-10,000-pound category is 8,150 pounds, each
eligible voter within that category will receive 8,150 votes.
How Would the Vote Be Conducted
On or about January 23, 2004, NOAA Fisheries will mail each eligible
voter a ballot that would specify the number of votes (weighting) that
the voter is assigned. NOAA Fisheries will mail the ballots and
associated explanatory information, via certified mail return receipt
requested, to the address of record indicated in NOAA Fisheries’ permit
database for red snapper endorsement/Class1 license holders and, for
vessel captains, to the address provided by the captains during the
prior information solicitation that ended August 18, 2003. All votes
assigned to the eligible voters must be cast for the same decision,
i.e., either all to approve or all to disapprove the applicable
referendum question. The ballot must be signed by the eligible voter.
Ballots must be mailed to Phil Steele, Southeast Regional Office, NMFS,
9721 Executive Center Drive N, St. Petersburg, Florida, 33702. Ballots
for the initial referendum must be received at that address by 4:30
p.m., eastern time, February 27, 2004; ballots received after that
deadline will not be considered in determining the outcome of the
initial referendum. Although not required, voters may want to consider
submitting their ballots by registered mail.
How Would the Outcome of the Referendums Be Determined
Vote counting will be conducted by NOAA Fisheries. Approval or
disapproval will be determined by a majority of the votes cast. NOAA
Fisheries will prepare a fisheries bulletin announcing the results of
each referendum that is conducted and will distribute the bulletin to
all Gulf reef fish permitees, including dealers, and to other interested
parties. The results will also be posted on NOAA Fisheries Southeast
Regional Office’s Web site at http://caldera.sero. nmfs.gov
What Would Happen After the Initial Referendum
NOAA Fisheries would present the results of the initial referendum at
the March 8-11, 2004, Council meeting in Mobile, Alabama. If the
initial referendum fails, the Council cannot proceed with preparation of
a plan amendment and regulations to implement an IFQ program. If the
initial referendum is approved, the Council would be authorized, if it
so decides, to proceed with the development of a plan amendment and
regulations to implement an IFQ program for the commercial red snapper
fishery in the Gulf of Mexico. The proposed IFQ program would be
developed through the normal Council and rulemaking process that would
involve extensive opportunities for industry and public review and input
at various Council meetings, public hearings, and during public comment
periods on the plan amendment and regulations. The plan amendment and
regulations would only be submitted to the Secretary for review and
approval or disapproval if in a second referendum approval of the
submission was passed by a majority of the votes cast by the eligible
voters as described in this proposed rule.
Written comments on the revised proposed rule must be sent to Phil
Steele, Southeast Regional Office, NMFS, 9721 Executive Center Drive N.,
St. Petersburg, Florida, 33702, and must be received no later than 5:00
p.m., eastern time, on January 20, 2004. Comments also may be sent via
fax to Phil Steele at 727-570-5583. Comments will not be accepted if
submitted via e-mail or Internet. Copies of supporting documentation
for this proposed rule, which includes a Regulatory Impact Review and a
Regulatory Flexibility Act Analysis, are available from NOAA Fisheries’
Southeast Regional Office at the address above.
NOAA Fisheries is an agency of the Commerce Department’s National
Oceanic and Atmospheric Administration.
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