Commercial trip limits for Atlantic Spanish mackerel in the Southern Zone


Appendix E. Regulatory Impact Review



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Appendix E. Regulatory Impact Review




1 Introduction


The National Marine Fisheries Service (NMFS) requires a Regulatory Impact Review (RIR) for all regulatory actions that are of public interest. The RIR does three things: 1) it provides a comprehensive review of the level and incidence of impacts associated with a proposed or final regulatory action; 2) it provides a review of the problems and policy objectives prompting the regulatory proposals and an evaluation of the major alternatives that could be used to solve the problem; and, 3) it ensures that the regulatory agency systematically and comprehensively considers all available alternatives so that the public welfare can be enhanced in the most efficient and cost-effective way. The RIR also serves as the basis for determining whether the regulations are a “significant regulatory action” under the criteria provided in Executive Order (E.O.) 12866. This RIR analyzes the impacts that this action would be expected to have on the commercial sector of Atlantic migratory group Spanish mackerel component of the coastal migratory pelagic (CMP) fishery.

2 Problems and Objectives


The problems and objectives addressed by this action are discussed in Section 1.3.

3 Description of Fisheries


A description of the Atlantic migratory group Spanish mackerel component of the CMP fishery is provided in Section 3.3.

4 Impacts of Management Measures


A detailed discussion of the expected economic effects of each alternative for this action is provided in Chapter 4 and analysis of the expected effects of the preferred alternative on individual entities is provided in Appendix F.
An analysis of the effects of the proposed alternatives on the expected season length and economic effects was conducted with and without 2012/2013 harvest data, which is the most recent final data available. The commercial harvest of Atlantic migratory group Spanish mackerel in 2012/2013 was approximately 3.27 mp, compared to harvests in excess of 4 mp in the previous three fishing years (see Table 3.2.2.1). Atlantic migratory group Spanish mackerel commercial harvests have shown a cyclical harvest pattern of high, medium, and low harvests on approximately a three-year cycle. As a result, removal of the low harvest in 2012/2013 from the analysis may help capture the potential effects of the proposed alternatives under high and low harvest rates.
Based on data from the 2003/2004 through 2012/2013 fishing years, i.e., inclusive of 2012/2013 data, Preferred Alternative 4 would be expected to result in a gain in revenue to all vessels combined of approximately $74,000 as a result of an increase in Atlantic migratory group Spanish mackerel commercial harvest of approximately 66,500 lbs and assuming an average price of $1.11 (2013 dollars) per pound. No closure would be expected to be required. Thus, commercial harvest would be allowed the entire fishing year. However, the total quota would not be expected to be harvested; an estimated 648,000 lbs of the 3.13 million lb quota would not be expected to be harvested.
If data from the 2012/2013 fishing year are excluded from the analysis, Preferred Alternative 4 would not be expected to have any economic effects compared to the status quo, Alternative 1 (No Action). Both alternatives are projected to result in harvest of the full quota and only allow commercial harvest to occur for 308 days. As a result, no change in season length, product supply to markets, prices, operational flexibility, revenue, or other economic factors would be expected to occur.
Assuming these two analytical perspectives adequately bracket the expected outcomes, Preferred Alternative 4 would be expected to have no to minor positive economic effects on fishermen that commercially harvest Atlantic migratory group Spanish mackerel or associated businesses.

5 Public and Private Costs of Regulations


The preparation, implementation, enforcement, and monitoring of this or any federal action involves the expenditure of public and private resources which can be expressed as costs associated with the regulations. Costs associated with this action include:
Council costs of document preparation, meetings, public hearings, and information dissemination…………………………………………………………………………….. $30,000
NMFS administrative costs of document

preparation, meetings and review …...................................................................................$20,000


TOTAL …...........................................................................................................................$50,000
The Council and federal costs of document preparation are based on staff time, travel, printing, and any other relevant items where funds were expended directly for this specific action. There are no permit requirements proposed in this regulatory amendment. The estimates provided above do not include any law enforcement costs. Any enforcement duties associated with this action would be expected to be covered under routine enforcement costs rather than an expenditure of new funds.


6 Determination of Significant Regulatory Action


Pursuant to E.O. 12866, a regulation is considered a “significant regulatory action” if it is likely to result in: 1) an annual effect of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; 2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; 3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights or obligations of recipients thereof; or 4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in this executive order. Based on the information provided above, this action has been determined to not be economically significant for the purposes of E.O. 12866.



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