[Federal Register Volume 63, Number 218 (Thursday, November 12, 1998)]
[Proposed Rules]
[Pages 63276-63282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30230]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 981006253-8253-01; I.D. 082698D]
RIN 0648-AK05
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to implement Amendment 9 to the
Fishery Management Plan for the Snapper-Grouper Fishery of the South
Atlantic Region (FMP). This proposed rule would increase the minimum
size for red porgy, black sea bass, gag, and black grouper for all
participants in the fishery; increase the minimum size for vermilion
snapper for a person subject to the bag limit; establish bag limits for
red porgy and black sea bass; during March and April, prohibit harvest
and possession in excess of the bag limit and prohibit purchase and
sale of red porgy, gag grouper, and black grouper; for greater
amberjack, reduce the bag limit, establish a commercial quota and trip
limit, prohibit sale of greater amberjack caught under the bag limit
when the commercial fishery is closed, prohibit harvest and possession
in excess of the bag limit during April, change the beginning of the
fishing year to May 1, and prohibit coring (i.e., removing the head
from the carcass); restrict possession of gag and black grouper within
the aggregate grouper bag limit; establish an aggregate bag limit for
all snapper-grouper species currently not under a bag limit (excluding
tomtate and blue runner); require escape vents and escape panels with
degradable hinges and fasteners in black sea bass pots; and specify
that a vessel with longline gear on board may only possess certain
deep-water species of snapper-grouper (i.e., snowy grouper, warsaw
grouper, yellowedge grouper, misty grouper, golden tilefish, blueline
tilefish, and sand tilefish.) The intended effect of this rule is to
reduce overfishing and to conserve and manage these snapper-grouper
species.
DATES: Written comments must be received on or before December 28,
1998.
ADDRESSES: Comments on this proposed rule or on the initial regulatory
flexibility analysis (IRFA) should be sent to the Southeast Regional
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Comments regarding the collection-of-information requirements
contained in this rule should be sent to Edward E. Burgess, Southeast
Regional Office, NMFS, 9721 Executive Center Drive N.,
[[Page 63277]]
St. Petersburg, FL 33702, and to the Office of Information and
Regulatory Affairs, Office of Management and Budget (OMB), Washington,
DC 20503 (Attention: NOAA Desk Officer).
Requests for copies of Amendment 9, which includes a final
supplemental environmental impact statement, a regulatory impact review
(RIR), an IRFA, and a social impact assessment/fishery impact statement
should be sent to the South Atlantic Fishery Management Council,
Southpark Building, One Southpark Circle, Suite 306, Charleston, SC
29407-4699; Phone: 843-571-4366; Fax: 843-769-4520.
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 727-570-5305.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern
Atlantic states is managed under the FMP. The FMP was prepared by the
South Atlantic 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.
Background
Recent scientific stock assessments and public testimony have
identified a number of snapper-grouper species as being overfished. The
management measures in Amendment 9 are designed to prevent this
overfishing, rebuild some of the overfished species, and manage the
fishery in a more orderly manner. The Council has chosen management
alternatives in Amendment 9 that would make substantial progress toward
rebuilding stocks, where needed, by increasing the spawning potential
ratio (SPR), which is used as a measure of stock status. For some
species, up-to-date assessments were not available or data used for
assessments were limited. For other species, recent landings trends and
other information contradicted assessment information. The Council
based decisions on the most recent and best scientific information
available to ensure overfished stocks would be well on their way to
recovery from the overfished status of below 30-percent SPR. For
certain species, the Council chose alternatives that would further
rebuild the species toward the optimum yield (OY) level, which is also
expressed in terms of SPR.
Overfishing
The OY for species in the snapper-grouper management unit is 40-
percent (static) SPR. Species that are below 30-percent (transitional)
SPR are considered overfished and must be rebuilt as soon as possible.
Red porgy, black sea bass, vermilion snapper, and gag are
overfished and in need of rebuilding. The status of black grouper is
uncertain. Declining commercial landings and the average size of fish
landed indicate that greater amberjack may be approaching a condition
of being overfished. Thus, the Council has recommended precautionary
management measures for black grouper and greater amberjack to ensure
that overfishing does not occur. A general description of the
biological status and proposed management measures for each species is
given below.
Red Porgy
A 1994 stock assessment, based on data through 1992, indicated that
red porgy is overfished, with an SPR of 13 percent. Fishing mortality
needs to be reduced by 75 percent to achieve the OY of 40-percent SPR
and must be reduced by 65 percent to eliminate overfishing.
This proposed rule would impose a 14-inch (35.6-cm) total length
(TL) recreational and commercial minimum size limit, a 5-fish bag
limit, and March-April seasonal harvest limitations. In combination,
these measures should reduce total catch by 59 percent. This rule also
proposes prohibiting all permitted dealers from purchasing red porgy
during March and April regardless of where the red porgy is harvested
or possessed (i.e., state or Federal waters). However, red porgy
harvested from areas outside the South Atlantic could be purchased and
possessed, provided appropriate documentation of the area of origin is
maintained. The Council believes that conservation measures enacted in
1992 have resulted in some stock rebuilding and that these proposed
management measures should result in rebuilding the stock within 10
years in accordance with the FMP's current stock rebuilding schedule.
Decreased landings resulting from the March-April seasonal harvest
limitations and the increase in minimum size should result in a loss in
gross revenues from red porgy sales of about $268,500 in the first
year. However, the increase in minimum size would result in an increase
in yield-per-recruit, which should lead to increased commercial
landings in future years. In addition, fishermen likely would increase
effort for red porgy during the open season, which would reduce the
estimated loss in revenues. There would be unquantified losses for the
for-hire industry and a reduction in consumer surplus related to
canceled private recreational trips. The reduction in landings in the
short term would result in progress toward rebuilding the red porgy
stocks; however, the offsetting benefits cannot be calculated precisely
because there is insufficient information available to predict future
yields that may be possible from a rebuilt stock.
Black Sea Bass
A 1996 stock assessment, based on data through 1995, indicates that
black sea bass are overfished, with an SPR of 26 percent. In addition,
the catch-per-unit-effort of headboats off South Carolina has declined
from just over 11 fish per angler day in 1980 to just over 1 fish per
angler day in 1995. In 1995, the commercial sector harvested about 49
percent of the total catch.
Fishing mortality needs to be reduced by 56 percent to achieve OY
and by 22 percent to eliminate overfishing. This proposed rule would
increase the minimum size limit to 10 inches (25.4 cm) and impose a 20-
fish bag limit. In combination, these measures should reduce total
catch by 34 percent. This proposed rule also would require escape vents
and escape panels with degradable fasteners in black sea bass pots.
This would minimize bycatch of juvenile fish and reduce release
mortality from this component of the fishery. Also, handling of
undersized fish would be reduced, which should result in a more
efficient fishing operation. In the first year these measures would
reduce commercial revenues by about $242,300 and reduce recreational
landings by about 40 percent. However, revenues and landings are
expected to increase as the resource rebuilds toward OY. The proposed
management measures are expected to rebuild the black sea bass stock
within 10 years in accordance with the FMP's current stock rebuilding
schedule.
Greater Amberjack
A 1996 stock assessment, based on data through 1995, indicates an
SPR of 84 percent. However, in a recent review of the status of
fisheries required by the Magnuson-Stevens Act, NMFS' Southeast
Fisheries Science Center (SEFSC) determined that the status of the
stock relative to the FMP's current overfishing definition is unknown.
The SEFSC found that the scant data and analyses used in the assessment
yielded results inconsistent with subsequent data showing declines in
average size and landings of greater amberjack. Accordingly, the
Council is recommending precautionary measures to ensure that this
species does not approach an overfished condition.
This rule proposes to: (1) Reduce the recreational bag limit from 3
to 1 greater
[[Page 63278]]
amberjack per person per day; (2) prohibit throughout the EEZ harvest
and possession in excess of the bag limit during April ; (3) establish
a 1,000-lb (454-kg) daily commercial trip limit; (4) establish a
commercial quota of 1,169,931 lb (530,672 kg) (63 percent of the 1995
landings); (5) begin the fishing year May 1; (6) prohibit sale of fish
harvested under the bag limit when the season is closed; and (7)
prohibit coring (i.e., removing the head from the carcass). In 1995,
the commercial sector harvested 66 percent of the total catch, although
formerly most greater amberjack were taken by the recreational sector.
NMFS believes that the Council intended immediate implementation of
the measures for greater amberjack that establish a quota and begin the
fishing year on May 1. Therefore, NMFS will apply this quota to greater
amberjack that have been landed since May 1, 1998.
In addition, this proposed rule would prohibit all permitted
dealers from purchasing greater amberjack in April regardless of where
the greater amberjack is harvested or possessed (i.e., state or Federal
waters), with the exception that greater amberjack harvested from areas
outside the South Atlantic could be purchased and possessed, provided
appropriate documentation of the area of origin is maintained, as
specified in this proposed rule.
In combination, these measures should reduce total recreational and
commercial landings of greater amberjack by 11 percent and 41 percent,
respectively. This would result in a loss of commercial revenues of
about $352,000-$397,000 in the first year. The reduction in landings in
the short term would result in a more stable greater amberjack stock.
The potential benefits of the proposed measures cannot be calculated
precisely because there is insufficient information available to
predict future yields that may result from the proposed measures.
Vermilion Snapper
A 1997 assessment, based on data through 1996, indicated that
vermilion snapper were overfished, with an SPR of 27 percent. Fishing
mortality must be reduced by between 39 and 51 percent to achieve OY
and by between 11 and 31 percent to eliminate overfishing. In 1995, the
commercial sector harvested about 75 percent of the catch.
This proposed rule would increase the recreational minimum size
limit for vermillion snapper from 10 inches (25.4 cm) to 11 inches
(27.9 cm) TL. This should reduce the recreational catch by about 9
percent in the short term. The associated reduction in fishing
mortality and the increase in yield-per-recruit should result in
sustainable increases in catch levels as the resource rebuilds. The
Council believes that the proposed increase in minimum size limit would
be sufficient to rebuild the stock within 10 years in accordance with
the FMP's current stock rebuilding schedule. The Council will continue
to monitor this species and, if necessary, implement additional
measures to rebuild this resource.
Gag
The SPR for gag in a 1996 stock assessment, based on data through
1993, was 13 percent. This proposed rule would increase the minimum
size limit for gag from 20 inches (50.8 cm) to 24 inches (61.0 cm) TL.
This proposed rule also would prohibit the harvest and possession of
gag in excess of the bag limit during March and April. This would
protect the spawning stock, particularly males, which are more
aggressive during this period and more susceptible to being caught. In
1995, about 71 percent of all gag were landed by commercial fishermen.
Further, this proposed rule would prohibit all permitted dealers
from purchasing gag during March and April regardless of where the gag
is harvested or possessed (i.e., state or Federal waters), with the
exception that gag harvested from areas outside the South Atlantic
could be purchased and possessed, provided appropriate documentation of
the area of origin is maintained, as specified in this proposed rule.
The proposed March-April seasonal harvest restrictions and the
proposed increase in minimum size, in combination, should reduce
commercial landings by about 37 percent in the first year. This
represents a potential loss of up to $1,186,000 in annual gross
revenues. The proposed increase in minimum size would substantially
increase yield-per-recruit, which should lead to increased commercial
landings in future years. The initial reduction in landings would
result in progress toward rebuilding the gag resource, but the
offsetting benefits cannot be calculated precisely because there is
insufficient information available to predict future yields that may be
possible from a rebuilt stock. The Council believes that the proposed
measures would rebuild the gag stock above the 30-percent SPR level, if
the natural mortality rate is 0.15 or higher, within 15 years in
accordance with the FMP's current stock rebuilding schedule.
Black Grouper
The 1997 stock assessment, based on data through 1995, indicated
that the SPR was about 5 percent. Because of the uncertainty of this
estimate, the status of the stock is listed as unknown in NMFS' Report
to Congress on Status of Fisheries of the United States, September
1997. In 1994, about 80 percent of the catch of black grouper was
harvested by commercial fishermen.
This proposed rule would prohibit all permitted dealers from
purchasing black grouper in March and April regardless of where the
black grouper is harvested or possessed (i.e., state or Federal
waters), with the exception that black grouper harvested from areas
outside the South Atlantic could be purchased and possessed, provided
appropriate documentation of the area of origin is maintained, as
specified in this proposed rule.
This proposed rule would prohibit the harvest of black grouper in
March and April (the spawning season) and would increase the minimum
size limit (from 20 to 24 inches (50.8 to 61 cm)) TL . In combination,
these measures should reduce commercial landings by 35 percent, which
represents a potential $90,000 loss in gross revenues in the first
year. The increase in the minimum size limit would reduce headboat
landings by 71 percent (based on number of fish) or by 44 percent
(based on weight). The reduction in landings in the short term would
result in progress toward rebuilding the black grouper stocks, but the
offsetting benefits cannot be calculated precisely because there is
insufficient information available to predict future yields that may be
possible from a rebuilt stock. However, the increase in minimum size
limit would increase yield-per-recruit, and future recruitment should
be enhanced by these measures, which should result in increased
landings. The Council will continue to monitor the status of the stock
and propose new measures, should they be required to rebuild the stock
further.
Gag and Black Grouper Bag Limit Restriction
This proposed rule would impose a recreational bag limit of no more
than two gag or black grouper, individually or in combination. This
would help to minimize compliance problems associated with anglers'
general inability to distinguish between these species, and would
enhance enforcement efforts. The Council concluded that the bag limit
would have little effect on the headboat sector and
[[Page 63279]]
an unknown economic effect on the charterboat or private/rental boat
sectors. Although the impact of this measure can not be quantified, it
should result in some conservation benefit. Also, it may help to direct
fishing effort to species that are not overfished and not subject to
such restrictive limits.
South Atlantic Snapper-Grouper 20-Fish Aggregate Bag Limit
This proposed rule would establish an aggregate bag limit of 20
South Atlantic Snapper-Grouper. No bag limit currently exists for these
species. The proposed bag limit would provide some biological
protection for these species and discourage commercial fishing by
recreational fishermen. The 20-fish bag limit should reduce headboat
catches by 1 percent and private/rental catches by about 7 percent.
There would be no catch reduction for charter vessels. Total reduction
in recreational catch should be less than 1 percent. This measure
should help encourage anglers to conserve marine fishery resources and
would enhance enforcement efforts.
Longline Restriction
Currently, bottom longline gear is allowed only in waters deeper
than 50 fm and only north of St. Lucie Inlet, Florida. This restriction
is designed to conserve mid-shelf species (i.e., those typically found
in depths less than 50 fm) and to protect critical coral and live-
bottom habitat. This proposed rule would further restrict vessels with
longline gear on board to possession of only the following deep-water
South Atlantic snapper-grouper species: Snowy grouper, warsaw grouper,
yellowedge grouper, misty grouper, golden tilefish, blueline tilefish,
and sand tilefish.
Landings data indicate that longline vessels are catching species
that are commonly found in depths of 50 fm or less, i.e., mid-shelf
species. The proposed restriction would limit vessels with longline
gear on board to possession of South Atlantic snapper-grouper that are
typically found only in depths greater than 50 fm. This measure is
designed to complement the existing prohibition on use of longline gear
in depths shoreward of 50 fm.
Based on landings from 1994 to 1996, an average of 104,397 lb
(47,354 kg) of mid-shelf species were landed annually by vessels with
longline gear on board. Assuming an exvessel price of $1.50 per pound,
annual gross revenue of up to $157,000 could be lost by longline
vessels as a result of this proposed measure. This assumes that the
number of fishing trips would remain the same as during the 1994-1996
period.
The Council is also concerned that bottom longlines are being used
in areas that could suffer damage to bottom habitat. This proposed
measure would further support keeping bottom longlines out of sensitive
habitat areas, thereby meeting the Magnuson-Stevens Act mandate to
protect essential fish habitat.
Availability of Amendment 9
Additional background and rationale for the measures discussed
above are contained in Amendment 9, the availability of which was
announced in the Federal Register (63 FR 47461; September 8, 1998).
Written comments on Amendment 9 must be received on or before November
9, 1998. Comments that are received by November 9, 1998, whether
specifically directed to the amendment or the proposed rule, will be
considered in the approval/disapproval decision. All comments received
on Amendment 9 or on this proposed rule during their respective comment
periods will be addressed in the preamble to the final rule.
Changes Proposed by NMFS
In Sec. 622.36(b)(2), NMFS proposes to revise the wording of the
seasonal harvest limitation for mutton snapper to improve clarity and
provide consistency with other similar provisions in the regulations.
For the convenience of the reader, NMFS proposes to reorder the
minimum sizes in Sec. 622.37 based on species rather than on minimum
size.
NMFS proposes to add language to Sec. 622.39(a)(1) to advise vessel
operators of their responsibility for ensuring compliance with bag and
possession limits.
Classification
At this time, NMFS has not determined that Amendment 9 is
consistent with the national standards of the Magnuson-Stevens Act and
other applicable laws. NMFS, in making that determination, will take
into account the data, views, and comments received during the comment
period on Amendment 9.
The Council prepared a final supplemental environmental impact
statement for this FMP; a notice of availability was published on
October 9, 1998 (63 FR 54476).
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Council prepared an IRFA, based on the RIR, that describes the
impact this proposed rule, if adopted, would have on small entities.
Based on the IRFA, NMFS agrees with the Council's conclusion that
Amendment 9, if approved and implemented through final regulations,
would have a significant economic impact on a substantial number of
small entities. A summary of the IRFA's assessment of the significant
impacts on small entities follows.
The rule is designed to meet five specific objectives, the most
important being the prevention of overfishing for a number of the
snapper-grouper species. The Magnuson-Stevens Act provides the legal
basis for the rule and no duplicative, overlapping or conflicting
Federal rules were identified.
Under Amendment 8 to the FMP, about 2,000 commercial fishing
businesses are expected to qualify for limited access permits when
Sec. 622.44(c) becomes effective on December 14, 1998. Most or all of
these would be affected by Amendment 9 and are considered small
entities for the purposes of the Regulatory Flexibility Act because
their annual gross revenues are less than $3 million. Accordingly, it
was determined that a substantial number of small entities would be
expected to be affected for purposes of the Regulatory Flexibility Act.
The Council concluded that the red porgy, black sea bass, amberjack,
gag, black grouper actions, and the gear regulation addressing the
possession of longline gear and certain snapper-grouper species could
reduce revenues by as much as $2.3 million, or approximately 15 percent
of the 1995 estimated ex-vessel value of the snapper grouper fishery.
Although some actions would decrease recreational satisfaction due to
restrictions of size or bag limits, there would be no decline in
charterboat or headboat trips. The proposed rule would create a new
recordkeeping requirement for permitted dealers in certain situations.
The rule generally prohibits possession of red porgy, greater
amberjack, gag, and black grouper during the closed seasons for these
species. However, permitted dealers that have a documented paper trail
showing that the fish were harvested in areas not under the
jurisdiction of the Council would be allowed to possess these species
during the closed seasons. The total cost of the public burden in terms
of the value of the time spent by permitted dealers to create and/or
maintain the paper trail record is estimated at $1,000. There would
also be a compliance cost associated with a new requirement for escape
panels and escape vents with biodegradable fasteners for black sea bass
pots. The aggregate estimated cost
[[Page 63280]]
to make the necessary alterations to all existing black sea bass pots
is $25,000.
Significant alternatives were identified for most of the actions
proposed in Amendment 9. The status quo was identified as an
alternative for all the actions under consideration but was rejected in
all cases because continuing the status quo is not a feasible
alternative under the Magnuson-Stevens Act. A number of other
alternatives were identified for all the actions being considered and
although some of these would minimize the adverse economic effects
relative to the preferred alternatives, they did not meet the
objectives, especially the biological objectives, specified as the
basis for the amendment.
A copy of the IRFA is available for comment (see ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB Control Number.
This rule contains a new collection-of-information requirement
subject to the PRA--namely, the requirement that dealers possessing red
porgy, gag, black grouper, or greater amberjack during seasonal
closures must maintain documentation that such fish were harvested from
areas other than the South Atlantic. This requirement has been
submitted to OMB for approval. The public reporting burden for this
collection of information is estimated at 30 minutes per response,
including the time for reviewing instructions, searching existing data
sources, gathering and maintaining the data needed, and completing and
reviewing the collections of information.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information would
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these, or any other aspects of the collections of information, to NMFS
and OMB (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: November 5, 1998.
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
proposed to be 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. 622.30, paragraph (d) is added to read as follows:
Sec. 622.30 Fishing years.
* * * * *
(d) South Atlantic greater amberjack--May 1 through April 30.
3. In Sec. 622.36, headings for paragraphs (a) and (b) and new
paragraphs (b)(4) and (b)(5) are added; paragraph (b) introductory text
is removed; and paragraphs (b)(1) and (b)(2) are revised to read as
follows:
Sec. 622.36 Seasonal harvest limitations.
(a) Gulf EEZ. * * *
(b) South Atlantic EEZ--(1) Greater amberjack spawning season.
During April, each year, the possession of greater amberjack in or from
the South Atlantic EEZ and in the South Atlantic on board a vessel for
which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard to where
such greater amberjack were harvested, is limited to one per person per
day or one per person per trip, whichever is more restrictive. Such
greater amberjack are subject to the prohibition on sale or purchase,
as specified in Sec. 622.45(d)(6).
(2) Mutton snapper spawning season. During May and June, each year,
the possession of mutton snapper in or from the EEZ on board a vessel
that has a commercial permit for South Atlantic snapper-grouper is
limited to 10 per person per day or 10 per person per trip, whichever
is more restrictive.
* * * * *
(4) Black grouper and gag. During March and April, each year, the
possession of black grouper and gag in or from the South Atlantic EEZ
and in the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such black
grouper or gag were harvested, is limited to two black grouper or gag,
combined, per person per day or two black grouper or gag, combined, per
person per trip, whichever is more restrictive. Such black grouper or
gag are subject to the prohibition on sale or purchase, as specified in
Sec. 622.45(d)(5).
(5) Red porgy. During March and April, each year, the possession of
red porgy in or from the South Atlantic EEZ and in the South Atlantic
on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been
issued, without regard to where such red porgy were harvested, is
limited to five per person per day or five per person per trip,
whichever is more restrictive. Such red porgy are subject to the
prohibition on sale or purchase, as specified in Sec. 622.45(d)(5).
4. In Sec. 622.37, paragraph (e) is revised to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(e) South Atlantic snapper-grouper--(1) Snapper. (i) Lane snapper--
8 inches (20.3 cm), TL.
(ii) Vermilion snapper--11 inches (27.9 cm), TL, for a fish taken
by a person subject to the bag limit specified in Sec. 622.39 (d)(1)(v)
and 12 inches (30.5 cm), TL, for a fish taken by a person not subject
to the bag limit.
(iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and
yellowtail snappers; and schoolmaster--12 inches (30.5 cm), TL.
(iv) Mutton snapper--16 inches (40.6 cm), TL.
(v) Red snapper--20 inches (50.8 cm), TL.
(2) Grouper. (i) Red, yellowfin, and yellowmouth grouper; and
scamp--20 inches (50.8 cm), TL.
(ii) Black grouper and gag--24 inches (61.0 cm), TL.
(3) Other snapper-grouper species. (i) Black sea bass--10 inches
(25.4 cm), TL.
(ii) Gray triggerfish in the South Atlantic EEZ off Florida--12
inches (30.5 cm), TL.
(iii) Hogfish--12 inches (30.5 cm), fork length.
(iv) Red porgy--14 inches (35.6 cm), TL.
(v) 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(d)(1)(i) and 36 inches (91.4 cm), fork length, for a fish
taken by a person not subject to the bag limit.
* * * * *
[[Page 63281]]
5. In Sec. 622.38, paragraph (e) is removed; paragraphs (f) through
(i) are redesignated as paragraphs (e) through (h), respectively; and
paragraph (a) is revised to read as follows:
Sec. 622.38 Landing fish intact.
* * * * *
(a) The following must be maintained with head and fins intact:
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel
in paragraph (g) of this section; South Atlantic snapper-grouper in or
from the South Atlantic EEZ, except as specified in paragraph (h) of
this section; yellowtail snapper in or from the Caribbean EEZ; and
finfish in or from the Gulf EEZ, except as specified in paragraphs (c),
and (d) of this section. Such fish may be eviscerated, gilled, and
scaled, but must otherwise be maintained in a whole condition.
* * * * *
6. In Sec. 622.39, a concluding sentence is added to paragraph
(a)(1); paragraphs (d)(1)(i), and (d)(1)(ii) are revised; and
paragraphs (d)(1)(vi) through (viii) are added to read as follows:
Sec. 622.39 Bag and possession limits.
(a) * * * (1) * * * The operator of a vessel that fishes in the
EEZ is responsible for ensuring that the bag and possession limits
specified in this section are not exceeded.
* * * * *
(d) * * *
(1) * * *
(i) Greater amberjack--1.
(ii) Groupers, combined, excluding jewfish and Nassau grouper, and
tilefishes--5. However, within the 5-fish aggregate bag limit, no more
than two fish may be gag or black grouper, combined.
* * * * *
(vi) Red porgy--5.
(vii) Black sea bass--20.
(viii) South Atlantic snapper-grouper, combined, excluding tomtate
and blue runner and those specified in paragraphs (d)(1)(i) through
(vii) of this section--20.
* * * * *
7. In Sec. 622.40, paragraph (b)(3)(i) is revised to read as
follows:
Sec. 622.40 Limitations on traps and pots.
* * * * *
(b) * * *
(3) * * * (i) A sea bass pot that is used or possessed in the South
Atlantic EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras
Light, NC) and 28 deg.35.1' N. lat. (due east of the NASA Vehicle
Assembly Building, Cape Canaveral, FL) is required to have--
(A) On at least one side, excluding top and bottom, a panel or door
with an opening equal to or larger than the interior end of the trap's
throat (funnel). The hinges and fasteners of each panel or door must be
made of one of the following degradable materials:
(1) Ungalvanized or uncoated iron wire with a diameter not
exceeding 0.041 inches (1.0 mm), that is, 19 gauge wire.
(2) Galvanic timed-release mechanisms with a letter grade
designation (degradability index) no higher than J.
(B) An unobstructed escape vent opening on at least two opposite
vertical sides, excluding top and bottom. The minimum dimensions of an
escape vent opening (based on inside measurement) are:
(1) 1 1/8 by 5 3/4 inches (2.9 by 14.6 cm) for a rectangular vent.
(2) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
(3) 2.0-inch (5.1-cm) diameter for a round vent.
* * * * *
8. In Sec. 622.41, paragraph (d)(6) is added to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(d) * * *
(6) Longline species limitation. A vessel that has on board a valid
Federal commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the EEZ on a trip with a longline on board,
may possess only the following South Atlantic snapper-grouper: snowy
grouper, warsaw grouper, yellowedge grouper, misty grouper, golden
tilefish, blueline tilefish, and sand tilefish. For the purpose of this
paragraph, a vessel is considered to have a longline on board when a
power-operated longline hauler, a cable of diameter suitable for use in
the longline fishery on any reel, and gangions are on board. Removal of
any one of these three elements constitutes removal of a longline.
* * * * *
9. In Sec. 622.42, paragraph (e)(3) is added to read as follows:
Sec. 622.42 Quotas.
* * * * *
(e) * * *
(3) Greater amberjack--1,169,931 lb (530,672 kg), gutted weight,
that is, eviscerated but otherwise whole.
* * * * *
10. In Sec. 622.43, paragraphs (a)(5) and (b)(1) are revised to
read as follows:
Sec. 622.43 Closures.
(a) * * *
(5) South Atlantic snapper-grouper, excluding wreckfish. (i)
Greater amberjack. The bag limit specified in Sec. 622.39(d)(1)(i) and
the possession limits specified in Sec. 622.39(d)(2) apply to all
harvest or possession of greater amberjack in or from the South
Atlantic EEZ, and the sale or purchase of greater amberjack taken from
the EEZ is prohibited. In addition, the bag and possession limits for
greater amberjack and the prohibition on sale/purchase apply in the
South Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper
has been issued, without regard to where such greater amberjack were
harvested.
(ii) Golden tilefish and snowy grouper. Golden tilefish and snowy
grouper, for which there are quotas, are managed under the commercial
trip limits specified in Sec. 622.44(c) in lieu of the closure
provisions of this section.
* * * * *
(b) * * * (1) The prohibition on sale/purchase during a closure for
Gulf reef fish, king and Spanish mackerel, royal red shrimp, greater
amberjack, or wreckfish in paragraph (a)(1), (a)(3)(iii), (a)(4),
(a)(5)(i), or (a)(6) of this section does not apply to the indicated
species that were harvested, landed ashore, and sold prior to the
effective date of the closure and were held in cold storage by a dealer
or processor.
* * * * *
11. Section 622.44(c), which was published at 63 FR 38303, July 16,
1998, is proposed to be amended by adding paragraph (c)(4) to read as
follows:
Sec. 622.44 Commercial trip limits.
* * * * *
(c) * * *
(4) Greater amberjack. Until the fishing year quota specified in
Sec. 622.42(e)(3) is reached, 1,000 lb (454 kg).
* * * * *
12. In Sec. 622.45, paragraphs (d)(5) and (d)(6) are added to read
as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(d) * * *
(5) During March and April, no person may sell or purchase a red
porgy, gag, or black grouper harvested from the South Atlantic EEZ or,
if harvested by a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, harvested from the South Atlantic. The prohibition on
[[Page 63282]]
sale/purchase during March and April does not apply to red porgy, gag,
or black grouper that were harvested, landed ashore, and sold prior to
March 1 and were held in cold storage by a dealer or processor. This
prohibition also does not apply to a dealer's purchase or sale of red
porgy, gag, or black grouper harvested from an area other than the
South Atlantic, provided such fish is accompanied by documentation of
harvest outside the South Atlantic. Such documentation must contain:
(i) The information specified in 50 CFR part 300 subpart K for
marking containers or packages of fish or wildlife that are imported,
exported, or transported in interstate commerce;
(ii) The official number, name, and home port of the vessel
harvesting the red porgy, gag, or black grouper;
(iii) The port and date of offloading from the vessel harvesting
the red porgy, gag, or black grouper; and
(iv) A statement signed by the dealer attesting that the red porgy,
gag, or black grouper was harvested from an area other than the South
Atlantic.
(6) During April, no person may sell or purchase a greater
amberjack harvested from the South Atlantic EEZ or, if harvested by a
vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, harvested
from the South Atlantic. The prohibition on sale/purchase during April
does not apply to greater amberjack that were harvested, landed ashore,
and sold prior to April 1 and were held in cold storage by a dealer or
processor. This prohibition also does not apply to a dealer's purchase
or sale of greater amberjack harvested from an area other than the
South Atlantic, provided such fish is accompanied by documentation of
harvest outside the South Atlantic. Such documentation must contain:
(i) The information specified in 50 CFR part 300 subpart K for
marking containers or packages of fish or wildlife that are imported,
exported, or transported in interstate commerce;
(ii) The official number, name, and home port of the vessel
harvesting the greater amberjack;
(iii) The port and date of offloading from the vessel harvesting
the greater amberjack; and
(iv) A statement signed by the dealer attesting that the greater
amberjack was harvested from an area other than the South Atlantic.
* * * * *
13. Figure 2 of Appendix C to Part 622 is amended by removing the
reference to ``length for deheaded greater amberjack.
[FR Doc. 98-30230 Filed 11-10-98; 8:45 am]
BILLING CODE 3510-22-F
