[Federal Register Volume 64, Number 205 (Monday, October 25, 1999)]
[Rules and Regulations]
[Pages 57403-57404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27584]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990625173-9274-02; I.D. 033199C]
RIN 0648-AL57
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 16B
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement Amendment 16B to the
Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP). This final rule establishes size limits for banded
rudderfish, lesser amberjack, cubera snapper, dog snapper, mahogany
snapper, mutton snapper, schoolmaster, scamp, gray triggerfish, and
hogfish; excludes banded rudderfish, lesser amberjack, and hogfish from
the 20-fish aggregate (combined) reef fish bag limit; establishes new
bag limits for hogfish, speckled hind, warsaw grouper, and for banded
rudderfish and lesser amberjack combined; and removes queen triggerfish
from the listing of Gulf reef fish and from the applicable regulations.
The intended effect of this rule is to conserve and manage the reef
fish resources of the Gulf of Mexico.
DATES: This final rule is effective November 24, 1999.
FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree at 727-570-5305;
Fax: 727-570-5583.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
On April 14, 1999, NMFS announced the availability of Amendment 16B
and requested comments on the amendment (64 FR 18395). On July 2, 1999,
NMFS published a proposed rule to implement the measures in Amendment
16B and requested comments on the rule (64 FR 35981). The background
and rationale for the measures in the amendment and proposed rule are
contained in the preamble to the proposed rule and are not repeated
here. No comments were received on Amendment 16B or on the proposed
rule. On July 14, 1999, NMFS approved Amendment 16B. The proposed rule
has been adopted as final without change.
Classification
The Regional Administrator, Southeast Region, NMFS, with the
concurrence of the Assistant Administrator for Fisheries, NOAA,
determined that Amendment 16B is necessary for the conservation and
management of the reef fish fishery of the Gulf of Mexico and that
Amendment 16B is consistent with the Magnuson-Stevens Act and other
applicable law.
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule would not have a significant economic
impact on a substantial number of small entities. No comments were
received regarding
[[Page 57404]]
this certification. As a result, a regulatory flexibility analysis was
not prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 15, 1999.
Andrew A. Rosenberg,
Deputy 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. 622.34, the last sentence in paragraph (g)(1) is revised
to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(g) * * *
(1) * * * The provisions of this paragraph do not apply to the
following species: dwarf sand perch, hogfish, and sand perch.
* * * * *
3. In Sec. 622.37, the section heading, introductory text, and
paragraph (d) are revised to read as follows:
Sec. 622.37 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. Except for undersized king and Spanish mackerel
allowed in paragraphs (c)(2) and (c)(3) of this section, a fish not in
compliance with its size limit, as specified in this section, in or
from the Caribbean, Gulf, South Atlantic, and/or Mid-Atlantic EEZ, as
appropriate, may not be possessed, sold, or purchased. A fish not in
compliance with its size limit must be released immediately with a
minimum of harm. The operator of a vessel that fishes in the EEZ is
responsible for ensuring that fish on board are in compliance with the
size limits specified in this section.
* * * * *
(d) Gulf reef fish--(1) Snapper. (i) Lane snapper--8 inches (20.3
cm), TL.
(ii) Vermilion snapper--10 inches (25.4 cm), TL.
(iii) Cubera, dog, gray, mahogany, and yellowtail snappers and
schoolmaster--12 inches (30.5 cm), TL.
(iv) Red snapper--15 inches (38.1 cm), TL.
(v) Mutton snapper--16 inches (40.6 cm), TL.
(2) Grouper. (i) Scamp--16 inches (40.6 cm), TL.
(ii) Black, red, and yellowfin groupers and gag--20 inches, (50.8
cm), TL.
(3) Other Gulf reef fish species. (i) Gray triggerfish--12 inches
(30.5 cm), TL.
(ii) Hogfish--12 inches (30.5 cm), fork length.
(iii) Banded rudderfish and lesser amberjack--14 inches (35.6 cm),
fork length (minimum size); 22 inches (55.9 cm), fork length (maximum
size).
(iv) Greater amberjack--28 inches (71.1 cm), fork length, for a
fish taken by a person subject to the bag limit specified in
Sec. 622.39(b)(1)(i); and 36 inches (91.4 cm), fork length, for a fish
taken by a person not subject to the bag limit.
* * * * *
4. In Sec. 622.39, the second and third sentences of paragraph
(a)(1), and paragraphs (b)(1)(ii), (b)(1)(v), and (b)(2) are revised;
and paragraphs (b)(1)(vi) and (b)(1)(vii) are added to read as follows:
Sec. 622.39 Bag and possession limits.
(a) * * *
(1) * * * Unless specified otherwise, bag limits apply to a person
on a daily basis, regardless of the number of trips in a day. Unless
specified otherwise, possession limits apply to a person on a trip
after the first 24 hours of that trip. * * *
* * * * *
(b) * * *
(1) * * *
(ii) Groupers, combined, excluding jewfish and Nassau grouper--5
per person per day, but not to exceed 1 speckled hind and 1 Warsaw
grouper per vessel per day.
* * * * *
(v) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i) through (b)(1)(iv) and paragraphs (b)(1)(vi)
through (b)(1)(vii) of this section and excluding dwarf sand perch and
sand perch--20.
(vi) Banded rudderfish and lesser amberjack, combined--5.
(vii) Hogfish--5.
(2) Possession limits. A person, or a vessel in the case of
speckled hind or Warsaw grouper, on a trip that spans more than 24
hours may possess no more than two daily bag limits, provided such trip
is on a vessel that is operating as a charter vessel or headboat, the
vessel has two licensed operators aboard, and each passenger is issued
and has in possession a receipt issued on behalf of the vessel that
verifies the length of the trip.
* * * * *
Table 3 of Appendix A to Part 622--Gulf Reef Fish [Amended]
5. In Table 3 of Appendix A to Part 622, the entry, ``Queen
triggerfish, Balistes vetula'', is removed.
[FR Doc. 99-27584 Filed 10-22-99; 8:45 am]
BILLING CODE 3510-22-F
