[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Rules and Regulations]
[Pages 3562-3563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1070]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 646
[Docket No. 950110009-5009-01; I.D. 120594B]
RIN 0648-AH45
Snapper-Grouper Fishery Off the Southern Atlantic States; Landing
Gag
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule.
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SUMMARY: NMFS publishes this emergency interim rule at the request of
the South Atlantic Fishery Management Council (Council) to require that
selected vessels in the commercial snapper-grouper fishery land gag in
a whole condition. The intended effect of this rule is to facilitate
the collection of biological data necessary for the management of gag.
EFFECTIVE DATE: January 18, 1995, through April 18, 1995.
ADDRESSES: Copies of documents supporting this action, including an
environmental assessment, may be obtained from Peter J. Eldridge,
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: Snapper-grouper species off the southern
Atlantic states are managed under the Fishery Management Plan for the
Snapper-Grouper Fishery of the South Atlantic (FMP). The FMP was
prepared by the Council and is implemented through regulations at 50
CFR part 646 under the authority of the Magnuson Fishery Conservation
and Management Act (Magnuson Act).
Gag, Mycteroperca microlepis, is a protogynous hermaphrodite in the
family Serranidae (sea basses) that is found throughout the South
Atlantic region. It is a relatively long-lived species that is highly
prized by fishermen. Gag form spawning aggregations consisting of a few
dominant males and many females. Male gag are very aggressive during
spawning and are particularly vulnerable to overfishing during the
spawning season. Several related species in the Caribbean have
experienced recruitment failure due to excessive fishing during the
spawning season.
Whereas the average sex ratio (male to female) of gag previously
was 1:10, recently it appears to be approaching 1:100. This is
coincident with increasing fishing pressure on gag, declining landings,
and smaller average size of gag landed. Recent public testimony
indicates a growing concern that the gag stock is declining.
The Council is concerned that a reduction in abundance of males is
adversely affecting the reproductive capacity of the resource. The
Council considered management measures for gag in Amendments 6 and 7 to
the FMP, but deferred action because of the lack of definitive, current
information on the sex ratio and other reproductive characteristics.
That information has been difficult to obtain because gag are
eviscerated at sea, as specifically authorized at 50 CFR 646.21(b)(1).
Hence, their reproductive organs have been unavailable for sampling by
NMFS biologists.
In October 1994, NMFS biologists reported the inadequacy of current
data to the Council. Because of that inadequacy of data, the Council
requested this emergency interim rule so that the reproductive organs
of gag could be sampled during the 1994-95 spawning season that begins
in December. Sampling is expected to occur through April, the end of
the spawning season.
A significant reduction in the reproductive capacity of gag will
result in recruitment overfishing and consequent long-term adverse
impacts on the resource. The availability of gag reproductive organs
under this emergency interim rule will enable NMFS biologists to obtain
information necessary for the Council to determine changes in the
reproductive capacity of gag and to formulate management measures to
avert recruitment overfishing, if necessary. The Council requests this
action now to take advantage of the 1994-95 spawning season, during
which gag are more readily available. If the data are not collected
under this emergency interim rule, the 1994-95 spawning season will be
over before an FMP amendment can be implemented to collect the data.
Thus the data would not be available for at least another year. Such
delay is not in the best interests of effective management of the gag
resource and may require more severe measures to avert recruitment
overfishing. Based on data obtained during the forthcoming spawning
season, the Council will be able to devise appropriate management
measures for implementation by NMFS prior to the 1995-96 spawning
season.
The NMFS Science and Research Director will select permitted
vessels for sampling and notify vessel owners in writing. Sampling will
occur at dockside or in dealer establishments. Sampling schedules will
be coordinated among vessel owners, dealers, and NMFS port agents to
ensure effective, representative sampling of landings and to minimize
disruption of off-loading procedures. The cooler weather during the
sampling program will minimize possible deterioration of product
quality because bacterial activity is markedly reduced at lower
temperatures.
Compliance with NMFS Guidelines for Emergency Rules
The Council and NMFS have concluded that the present situation
constitutes a biological emergency, which is properly addressed by this
emergency interim rule, and that the situation meets NMFS's policy
[[Page 3563]] guidelines for the use of emergency rules as published on
January 6, 1992 (57 FR 375). The situation: (1) Results from recent,
unforeseen events or recently discovered circumstances; (2) presents a
serious management problem; and (3) can be adequately handled only by
an emergency rule for which the immediate benefits would outweigh the
value of advance notice, public comment, and deliberative consideration
provided under the normal FMP amendment and rulemaking process. The
basis for the conclusions regarding these emergency guidelines is
summarized above.
NMFS concurs with the Council's findings about the biological
emergency and the need for immediate regulatory action. Accordingly,
NMFS publishes this emergency interim rule, effective initially for 90
days, as authorized by section 305(c) of the Magnuson Act. By agreement
of NMFS and the Council, this emergency interim rule may be extended
for an additional period of 90 days.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to respond to an emergency
situation and is consistent with the Magnuson Act and other applicable
law.
This emergency interim rule has been determined to be not
significant for purposes of E.O. 12866.
The AA finds that the immediate need to commence the necessary data
collection on the sex ratio of gag during the current spawning season
constitutes good cause to waive the requirement to provide prior notice
and an opportunity for public comment, pursuant to authority set forth
at 5 U.S.C. 553(b)(B), as such procedures would be contrary to the
public interest. Similarly, the need to implement these measures in a
timely manner to address the biological emergency described above
constitutes good cause, under authority contained in 5 U.S.C.
553(d)(3), to waive the 30-day delay in effective date.
List of Subjects in 50 CFR Part 646
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 10, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 646 is
amended, effective January 18, 1995 through April 18, 1995, as follows:
PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES
1. The authority citation for part 646 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 646.7, paragraph (zz) is added to read as follows:
Sec. 646.7 Prohibitions.
* * * * *
(zz) Fail to maintain gag in a whole condition, as specified in
Sec. 646.21(b)(3).
3. In Sec. 646.21, paragraph (b)(3) is added to read as follows:
Sec. 646.21 Harvest limitations.
* * * * *
(b) * * *
(3) The provisions of paragraph (b)(1) of this section
notwithstanding, the owner or operator of a vessel for which a permit
for snapper-grouper, excluding wreckfish, has been issued, as required
by Sec. 646.4(a)(1), and that is selected in writing by the Science and
Research Director, must maintain gag in a whole condition, that is, not
eviscerated, through off-loading and after off-loading for such time as
will provide a reasonable opportunity for the Science and Research
Director to collect biological samples.
* * * * *
[FR Doc. 95-1070 Filed 1-17-95; 8:45 am]
BILLING CODE 3510-22-F
