[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Proposed Rules]
[Pages 3369-3371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1945]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 641
[Docket No. 960123012-6012-01; I.D. 011995A]
RIN 0648-AF78
Reef Fish Fishery of the Gulf of Mexico; Red Grouper Size Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: In accordance with the Gulf of Mexico Fishery Management
Council's (Council) proposed regulatory amendment under the framework
procedure for adjusting management measures of the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), NMFS
proposes to change the minimum allowable size of red grouper, currently
20 inches (50.8 cm), to 18 inches (45.7 cm) for persons not subject to
the bag limit. The intended effect of this rule is to facilitate
harvest of the annual commercial quota for the shallow-water grouper
complex, thereby achieving optimum yield.
DATES: Written comments must be received on or before March 1, 1996.
ADDRESSES: Comments on the proposed rule should be sent to Michael E.
Justen or Robert Sadler, Southeast Region, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702.
Requests for copies of the regulatory amendment, which includes an
environmental assessment and a regulatory impact review, and for copies
of a minority report submitted by five members of the Council, should
be sent to the Gulf of Mexico Fishery Management Council, 5401 W.
Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486.
FOR FURTHER INFORMATION CONTACT: Michael E. Justen or Robert Sadler,
813-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented by regulations at 50 CFR part 641.
Proposed Management Measures
The 9.8-million lb (4.4-million kg) shallow-water grouper quota for
the commercial fishery has not been taken in recent years. The shallow-
water grouper complex includes red grouper, which historically (1986-
91) comprised 62 percent of the commercial catch before the current
minimum size limit became effective on February 21, 1990. Grouper
fishermen testifying to the Council requested the proposed reduction in
the minimum allowable size of red grouper from 20 inches (50.8 cm) to
18 inches (45.7 cm) for persons not subject to the bag limit to
facilitate the harvest of the quota. These fishermen also noted that
wastage occurred in the fishery from discarding dead 18- and 19-inch
fish and from using undersized grouper for bait. Utilization of
undersized grouper for bait is illegal since Sec. 641.7(f) prohibits
the possession of fish smaller than the minimum size limit. Most of
these hidden sources of fishing mortality would be counted against the
quota under an 18-inch minimum size limit, thereby providing a more
accurate estimate of fishing mortality.
The Council reviewed a red grouper stock assessment completed in
September 1994 by the Southeast Fisheries Science Center, NMFS,
[[Page 3370]]
indicating that the spawning potential ratio (SPR) is above the 20
percent level, the threshold below which the stock would be considered
overfished. At its November 1994 meeting, the Council voted to reduce
the commercial and recreational minimum size limit for red grouper to
18 inches (45.7 cm) and subsequently submitted a regulatory amendment
to NMFS for review, approval, and implementation. NMFS informed the
Council that the regulatory amendment would be held in abeyance until
the Council considered new scientific information regarding the effects
of the proposed change in size limits on the stock.
The Council accepted public comment on the new scientific
information and the red grouper size limit issue in two hearings on
March 9, 1995, and also at its March 13-16, 1995, meeting. After
considering the public testimony and recommendations of its Stock
Assessment Panel (SAP), and Scientific and Statistical Committee (SSC),
the Council approved a red grouper minimum size of 20 inches (50.8 cm)
for the recreational sector and 18 inches (45.7 cm) for commercial
sector. The Council subsequently submitted a revised regulatory
amendment (first revised) to NMFS for review, approval, and
implementation.
On April 12, 1995, NMFS rejected the revised regulatory amendment
primarily because of the uncertainty of the impacts the reduced
commercial size limit would have on the long-term productivity of the
stock. Given uncertainties at that time with the available scientific
information about the condition of the red grouper resource, NMFS
informed the Council that approval of the measure would pose an
unacceptable risk of allowing overfishing.
The Council voted at its meeting of July 17-20, 1995, in Key West,
Florida, to submit to NMFS another revised regulatory amendment (second
revised) proposing the change in the commercial minimum size limit. The
Council's action was based on its review of new scientific information
available since NMFS' disapproval of the first revised regulatory
amendment. Also, the Council's action was based on a review of the new
information by its Scientific and Statistical Committee (SSC) and Reef
fish Stock Assessment Panel. After considering the new information, the
SSC withdrew its previous opposition to the 18-inch size limit for the
commercial fishery.
For the second revised regulatory amendment that this rule would
implement, the Council determined that the less restrictive commercial
size limit of 18 inches (45.7 cm) is needed to achieve harvest of red
grouper at the optimum yield level on an annual basis while ensuring
that the SPR remains above 20 percent. In addition, the Council expects
that movement of fishing effort to nearshore waters, where smaller red
grouper are more common, will reduce operating costs in the fishery.
The Council's recommended changes are within the scope of the
management measures that may be adjusted under the FMP's framework
procedure referred to at 50 CFR 641.28; accordingly, the Council's
proposal is published herein for comment. Consistent with the framework
procedures, the Director, Southeast Region, NMFS, will make a final
decision regarding whether the proposed action is consistent with the
objectives of the FMP, the National Standards and other provisions of
the Magnuson Fishery Conservation and Management Act, and other
applicable law after considering the public comment received on the
proposed rule and regulatory amendment. If this decision is
affirmative, he will approve the regulatory amendment and forward an
implementing final rule for publication in the Federal Register.
Comments Requested
Since the Council adopted the first revised regulatory amendment in
March 1995, NMFS has received more than 200 comments from recreational
and commercial fishermen, representatives of environmental interests
groups, and interested members of the public expressing their views
about the proposed minimum size reduction for the Gulf of Mexico
commercial red grouper fishery. This rule invites additional public
comments on the Council's proposal. On July 20, 1995, the Council took
final action to adopt the second revised regulatory amendment. Those
parties who have provided NMFS with comments since July 20, 1995, on
the appropriate commercial minimum size limit for red grouper need not
repeat their comments during the comment period on this rule. NMFS will
consider these earlier comments in taking final action on the Council's
proposal.
While NMFS is inviting comments on all relevant aspects of the
reduced commercial fishery minimum size limit, comments are
specifically invited on the following concerns that reflect issues
raised by public comments to date: (1) What are the long- and short-
term economic and social effects of the proposed rule on the commercial
and recreational fishing sectors? (2) What are the possible conflicts
between the commercial and recreational fishing sectors that may result
from having different size limits for each sector, particularly where
the smaller size limit for the commercial fishery may result in its
harvesting more of the resource than in the past? (3) Is use of an 18-
inch (45.7-cm) minimum size limit for the commercial fishery consistent
with the Magnuson Act's National Standards and with the FMP's
management objectives, particularly with FMP Objective 4 that calls for
minimizing conflicts between user groups of the resource and with
Objective 2 (under FMP Amendment 8) that calls for avoiding, to the
extent practicable, the derby-type fishing season? (4) What are the
associated difficulties with enforcing different minimum size limits
for the commercial and recreational sectors and different commercial
fishery size limits for Federal and adjacent state waters (i.e., 18
inches in the EEZ and 20 inches in Florida's waters)? NMFS is
particularly interested in any data or other reliable information that
would substantiate public views regarding the expected impacts of this
proposal.
Minority Report
A minority report signed by five Council members raises numerous
objections and concerns about: (1) Difficulties of enforcing different
red grouper size limits for Federal and state waters; (2) adverse
impacts in the marketplace based on the expected increased rate of red
grouper landings; and (3) inconsistency with several of the Magnuson
Act's National Standards and with the FMP's management objectives.
Copies of the minority report are available (see ADDRESSES). If issued,
a final rule will respond to: (1) Comments received by NMFS since July
20, 1995, on the appropriate minimum commercial size limit for red
grouper, (2) the minority report, and (3) comments received by NMFS
during the comment period on this proposed rule and regulatory
amendment.
Additional Measure Proposed by NMFS
Section 641.4(a)(1)(i) specifies that a vessel permit is required
as a prerequisite to selling reef fish. NMFS proposes a revision of the
prohibition at Sec. 641.7(s) regarding the sale of fish without a
vessel permit to provide a specific reference to Sec. 641.4(a)(1)(i) in
this regard.
Classification
This proposed rule has been determined to be not significant under
E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
[[Page 3371]]
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities, because it would not reduce annual gross revenues,
increase production costs or Federal compliance costs, or force small
business entities to cease operation. As a result, a regulatory
flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 641
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 25, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 641 is
proposed to be amended as follows:
PART 641--REEF FISH FISHERY OF THE GULF OF MEXICO
1. The authority citation for part 641 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 641.7, paragraph (s) is revised to read as follows:
Sec. 641.7 Prohibitions.
* * * * *
(s) Purchase, barter, trade, or sell, or attempt to purchase,
barter, trade, or sell, a reef fish harvested aboard a vessel for which
a valid permit has not been issued, as specified in
Sec. 641.4(a)(1)(i), or possessed under the bag limits, as specified in
Sec. 641.24(g).
* * * * *
3. In Sec. 641.21, paragraphs (a)(2) through (a)(6) are revised and
paragraph (a)(7) is added to read as follows:
Sec. 641.21 Harvest limitations.
(a) * * *
(2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm)
total length.
(3) Lane and vermilion snappers--8 inches (20.3 cm) total length.
(4) Red grouper--20 inches (50.8 cm) total length for a fish taken
by a person subject to the bag limit specified in Sec. 641.24(b)(3) and
18 inches (45.7 cm) total length for a fish taken by a person not
subject to the bag limit.
(5) Nassau, yellowfin, and black groupers and gag--20 inches (50.8
cm) total length.
(6) Greater amberjack--28 inches (71.1 cm) fork length for a fish
taken by a person subject to the bag limit specified in
Sec. 641.24(b)(4) and 36 inches (91.4 cm) fork length, for a fish taken
by a person not subject to the bag limit.
(7) Black sea bass--8 inches (20.3 cm) total length.
* * * * *
[FR Doc. 96-1945 Filed 1-30-96; 8:45 am]
BILLING CODE 3510-22-F
