[Federal Register Volume 63, Number 3 (Tuesday, January 6, 1998)]
[Rules and Regulations]
[Pages 443-444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-34233]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 971205289-7313-02; I.D. 120497C]
RIN 0648-AK28
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Minimum Size Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 444]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement the provisions of a
regulatory amendment prepared by the Gulf of Mexico Fishery Management
Council (Council) in accordance with framework procedures for adjusting
management measures of the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The regulatory amendment and
this final rule maintain the current minimum size limit for red snapper
of 15 inches (38.1 cm), total length (TL). The minimum size limit had
been scheduled to increase to 16 inches (40.6 cm), TL, on January 1,
1998. The intended effect of this action is to maximize the economic
benefits from the red snapper resource within the constraints of the
rebuilding program for this overfished resource.
DATES: This rule is effective January 1, 1998.
FOR FURTHER INFORMATION CONTACT: Robert A. Sadler, 813-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive
economic zone of the Gulf of Mexico is managed under the FMP. The FMP
was prepared by the Council and is implemented under the authority of
the Magnuson-Stevens Fishery Conservation and Management Act by
regulations at 50 CFR part 622.
The Council proposed an adjusted management measure (a regulatory
amendment) for the Gulf red snapper fishery for NMFS' review, approval,
and implementation. This measure was developed and submitted to NMFS
under the terms of the FMP's framework procedure for annual adjustments
in total allowable catch and related measures for the red snapper
fishery (framework procedure). Additional background for this measure
was published in the proposed rule (62 FR 65056, December 10, 1997) and
is not repeated here.
Comments and Responses
One comment was received that supported leaving the minimum size
limit for Gulf red snapper at 15 inches (38.1 cm), TL, and one comment
was received that supported increasing the minimum size limit to 16
inches (40.6 cm), TL.
Comment 1: A commenter stated that it was difficult for fishermen
with small vessels to go far enough offshore to catch legal-sized 15-
inch (38.1-cm) red snapper. A size increase to 16 inches (40.6 cm)
would pose even a greater burden on such fishermen to find legal-sized
fish. He also stated that a size limit change to 16 inches (40.6 cm)
would increase the number of released undersized fish killed by
dolphins and sharks. Thus, he supported leaving the size limit at 15
inches (38.1 cm).
Response: NMFS concurs.
Comment 2: A commenter stated that the minimum size length should
be increased to 16 inches (40.6 cm). He did not offer any reason for
his conclusion.
Response: The rationale for maintaining the red snapper minimum
size limit at 15 inches (38.1 cm) is contained in the proposed rule and
is not repeated here.
The final rule is being issued to implement the regulatory
amendment as proposed and submitted by the Council.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
When the proposed rule was published, the Assistant General Counsel
for Legislation and Regulation of the Department of Commerce certified
to the Chief Counsel for Advocacy of the Small Business Administration
that, if adopted, it would not have a significant economic impact on a
substantial number of small entities. Accordingly, a regulatory
flexibility analysis was not prepared. No comments were received
regarding this certification.
This final rule maintains the minimum size limit for red snapper at
15 inches (38.1 cm), TL, in lieu of allowing the scheduled regulatory
increase to 16 inches (40.6 cm), TL. Thus, this final rule relieves a
restriction and, pursuant to 5 U.S.C. 553(d)(1), is not subject to a
30-day delay in the effective date.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 30, 1997.
Hilda Diaz-Soltero,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.37, paragraph (d)(3) is revised to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(d) * * *
(3) Red snapper--15 inches (38.1 cm), TL.
* * * * *
[FR Doc. 97-34233 Filed 12-30-97; 4:12 pm]
BILLING CODE 3510-22-F
