[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Rules and Regulations]
[Pages 71056-71060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32874]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 991210334-9334-01; I.D. 112399A]
RIN 0648-AN41
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; request for comments.
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SUMMARY: This interim rule implements changes to the management
measures for the red snapper fishery in the exclusive economic zone
(EEZ) of the Gulf of Mexico as requested by the Gulf of Mexico Fishery
Management Council (Council) to reduce overfishing. This rule modifies
the recreational and commercial fishing seasons, increases the
recreational minimum size limit, and reinstates a 4-fish bag limit for
the captain and crew of for-hire vessels (i.e., charter vessels and
headboats). The intended effect is to reduce overfishing of red snapper
in the Gulf of Mexico.
DATES: This rule is effective January 19, 2000 through June 19, 2000,
except that Sec. 622.34(n) is effective January 1, 2000, through June
19, 2000. Comments must be received at the appropriate address or fax
number (See ADDRESSES) no later than 5:00 p.m., eastern standard time,
on January 19, 2000.
ADDRESSES: Written comments on this interim rule must be mailed to Dr.
Roy Crabtree, Southeast Regional Office, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702. Comments also may be sent via fax
to 727-570-5583. Comments will not be accepted if submitted via e-mail
or Internet.
Requests for copies of the documents supporting this rule, which
include an analysis of the economic consequences of the rule and an
environmental assessment, may be obtained from the Southeast Regional
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Dr. Roy Crabtree, telephone: 727-570-
5305, fax: 727-570-5583, e-mail: Roy.Crabtree@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the
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
The Council has requested an interim rule to adjust management
measures for the recreational and commercial red snapper fisheries for
the 2000 fishing year, with certain provisions effective January 1,
2000. The requested adjustments are: (1) An increase in the
recreational minimum size limit to 16 inches (40.6 cm); (2)
establishment of a recreational season of April 21 to October 31, 2000;
(3) reinstatement of the 4-fish bag limit for captain and crew of for-
hire vessels; and (4) a change in the openings of the spring red
snapper commercial season from the first 15 days of each month to the
first 10 days of each month, beginning February 1.
The Council adopted these adjustments, as well as others, for a
proposed regulatory amendment to establish red snapper management
specifications for 2000. The Council is preparing the regulatory
amendment for submission to NMFS for review, approval, and
implementation under the FMP's framework procedure. NMFS will implement
any approved regulatory amendment measures through the framework's
proposed and final rulemaking procedure; the final rule would replace
the interim rule.
At this time, NMFS is not implementing any measures to reduce
overfishing beyond those requested by the Council. The Council
recommended no change to the status quo TAC of 9.12 million pounds;
thus, this interim rule does not address or alter the current TAC. The
Magnuson-Stevens Act as amended by the Sustainable Fisheries Act (SFA)
mandates that overfished stocks be rebuilt to a biomass level capable
of producing maximum sustainable yield (MSY). On November 17, 1999,
NMFS disapproved the Council's rebuilding schedule proposed for red
snapper in its Generic SFA Amendment to the Gulf of Mexico Fishery
Management Council Fishery Management Plans because it specified a
fishing-mortality-based rebuilding target rather than a biomass-based
target and because it did not estimate the time to rebuild in the
absence of fishing mortality consistent with the Magnuson-
Stevens Act and the national standard guidelines. The Council must
submit a new rebuilding plan as soon as possible.
The recent stock assessment included a wide range of estimates of
MSY and the stock biomass associated with MSY for red
snapper. NMFS recognizes that there is considerable uncertainty
associated with these estimates, and the Council has latitude to
consider this uncertainty when developing a new rebuilding plan.
Conditions approaching those estimated to exist near MSY for red
snapper have not been seen in decades, and thus the assessment models
require assumptions regarding the productivity of the stock to predict
MSY. The SFA requires greater reductions in the red snapper harvest and
in shrimp trawl bycatch mortality of juvenile red snapper than previous
management targets. Depending on the reduction of red snapper bycatch
mortality achieved in the shrimp fishery and appropriate rebuilding
parameters, the 1999 Reef Fish Stock Assessment Panel (RFSAP) estimates
of acceptable biological catch (ABC) for TAC range from 0 to 9.12
million pounds. The best available scientific information indicates
that the 9.12 million pound TAC for 2000 may slow the rate of recovery
in the early years of any rebuilding program but would not jeopardize
recovery of the stock consistent with the rebuilding requirements of
the Magnuson-Stevens Act, particularly if greater reductions in bycatch
mortality are achieved as expected. However, an immediate and
significant reduction in TAC would have devastating effects upon
participants in the fishery.
NMFS will continue to provide the Council with the best available
scientific information regarding the status of the red snapper stock,
the effectiveness of bycatch reduction devices (BRDs), and the
effectiveness of the FMP's management measures in rebuilding the
overfished red snapper resource. NMFS is working with the commercial
fishing industry to develop new BRDs that will further reduce finfish
bycatch while minimizing shrimp loss. Also, NMFS will continue to work
with the Council in implementing the FMP's current red snapper stock
rebuilding plan and in modifying this plan as necessary to restore the
stock to a biomass level capable of producing maximum sustainable
yield. Management options include adjustments to the fishing season,
bag limit changes, quota reductions, fishing effort reduction,
[[Page 71057]]
vessel buy-back programs, and additional measures to reduce shrimp
trawl bycatch mortality.
The adjustments implemented by this interim rule are needed to
reduce overfishing while allowing the total allowable catch (TAC) to be
harvested by fair, equitable, and effective means. These changes will
reduce overfishing by: (1) Increasing the likelihood of compatible
closures of state waters during Federal closures, thereby improving
enforcement of closures of the EEZ recreational red snapper fishery and
reducing the harvest from state waters during Federal closures; (2)
improving compliance with Federal regulations by opening the
recreational fishery during the time of greatest demand and reducing
confusion among anglers by achieving compatible state and Federal
regulations; and (3) reducing the rate of harvest in the commercial
fishery, thus reducing the probability of the commercial fishery
exceeding its quota. These 2000 red snapper measures are based, in
part, on the recommendations to the Council from a stakeholder
conference held in New Orleans, LA, on September 27, 1999.
Stakeholders' recommendations for the 2000 recreational red snapper
fishery included a 4-fish bag limit for the captain and crew of for-
hire vessels, a size limit not to exceed 16 inches (40.6 cm), and a
March 1 to October 31 recreational season. To reduce overfishing, these
changes must be in effect before the fishing seasons begin.
Section 407(d) of the Magnuson-Stevens Act requires NMFS to close
the Gulf of Mexico recreational red snapper fishery after the
recreational quota (currently 4.47 million lb (2.03 million kg)) is
caught. The recreational fishery was closed based on projections that
the quota would be reached on November 27 in 1997, on September 29 in
1998, and on August 29 in 1999. Under the current 4-fish bag limit and
15-inch (38.1 cm) minimum size limit, NMFS projects that with a January
1 opening date for the recreational fishery, the 2000 quota (4.7
million lb (2.03 million kg)) would be caught on July 29, 2000;
consequently, the fishery would be closed at 12:01 am on July 30, 2000.
The recreational fishery has exceeded its quota each year since
1997. This interim rule is intended to address this problem and to
reduce the excess fishing mortality. Compatible state closures are
essential for Federal closures to be effective. During 1999, the
recreational red snapper fishery in most Gulf states' waters remained
open for at least 3 months after the Federal closure. Under current
regulations, the recreational fishery in the EEZ would be open from
January 1 to July 30, 2000. NMFS expects that the Gulf states would
also open their fisheries on January 1, but they would not implement
compatible closures and would not close state waters until at least
October 31, as occurred during 1999. Thus, the harvest of red snapper
in state waters would continue after the Federal closure. Furthermore,
the lack of compatible regulations impedes enforcement of Federal
regulations, results in reduced compliance, and increases overfishing.
NMFS expects that four of the five Gulf states will implement rules
compatible with this interim rule in 2000. By allowing the recreational
fishery to be open during the time of greatest demand, compliance with
regulations will be improved, thus, reducing overfishing. The change in
the commercial season should reduce the rate of harvest and the
probability of exceeding the commercial quota.
Recreational Season
The Council, in its proposed regulatory amendment for 1999 red
snapper measures, recommended a delay in the opening of the
recreational fishery from January 1 until March 1. The Council
recommended this delay to extend the fishing season into the fall.
However, analyses indicated that with a March 1 start, the fishery
would close on July 30. Instead of extending the season into the fall,
there would be a net loss of fishing days for the year. NMFS
disapproved this measure because it would violate Magnuson-Stevens Act
national standard 4, which requires that allocation of fishing
privileges be fair and equitable. Public comments on the proposed rule
for the 1999 regulatory amendment opposed the delay in the season
opening; however, public testimony presented to the Council indicated
substantial support for the delay if the season could be extended into
the fall. NMFS recognizes that there will be considerable opposition to
any closure of the red snapper recreational fishery regardless of the
season closed.
Following disapproval of this measure, the stakeholders at the
September 27, 1999, conference recommended a red snapper recreational
season from March 1 to October 31. The Council attempted, to the extent
possible, to implement the stakeholders' recommendations; however,
based on the best available scientific information, the harvest from a
March 1 to October 31 season would exceed the current recreational
quota. The stakeholders' recommendations and testimony presented to the
Council indicate that a season from April 21 to October 31 offers the
greatest benefits to Gulf anglers and, based upon the best available
scientific information, is compatible with the recreational quota. A
group of south Texas anglers, who participated in the stakeholders
conference, submitted a minority opinion requesting a year-round
fishery with a 4-fish bag limit and a 13-inch (33.0-cm) minimum size
limit. However, the harvest from a year-round fishery, if implemented,
would greatly exceed the quota and jeopardize the recovery of the
stock. Therefore, the Council recommended a shorter season as close to
the stakeholders' recommendation as possible.
The stakeholders discussed the request for a winter fishery from
some south Texas anglers, but neither the stakeholders nor the south
Texas minority report recommended a winter fishery. At the November
Council meeting, the Council considered adding a January-February
opening with a reduced bag limit to allow a winter fishery in response
to requests from Texas representatives. The Council concluded that
there was no way to do so without substantially shortening the prime
April to October season and, thus, increasing the likelihood that
illegal fishing during the closed season would occur, resulting in
overfishing of the recreational quota. Furthermore, it is unlikely that
other Gulf states, including Texas, would enact the compatible closures
required to accommodate a winter fishery; consequently, the EEZ would
be closed without compatible state closures thereby resulting in
overfishing.
The interim rule provides Texas anglers, as well as anglers in
other states, the opportunity to fish during the months of greatest
historical demand. During 1996, the last year that the red snapper
fishery was open year round, Texas monthly landings during May-October
exceeded those of any other months. Analyses based on recent years
(1995-1998) show that during January-March, monthly landings in Texas
average 96,000 pounds (43,545 kg), substantially less than during
August-October when monthly landings average 137,000 pounds (62,142
kg). Furthermore, the interim rule will provide economic benefits to
the Texas for-hire industry by allowing the industry to operate during
the months of greatest demand. Texas headboat trips during January-
March average 5,000 trips per month as opposed to 8,000 trips per month
during August-October. Texas charter boat trips show a similar trend,
with an average of 1,200 trips per month during January-March and 2,000
trips per month during August-October. The March 1 opening previously
[[Page 71058]]
disapproved by NMFS would not have provided these benefits since the
season would have closed on July 30 and would not have been extended
into the fall.
Recreational Size Limit
The increase in the recreational minimum size limit from 15 inches
(38.1 cm) to 16 inches (40.6 cm) is an essential component of the
modified recreational fishing season. It will reduce the harvest rate
and, in combination with the bag limit and closed seasons, will help
ensure that the recreational quota is not exceeded and reduce
overfishing. NMFS projections indicate that the reduction in catch
rates from the increased size limit would allow the season to be
extended by approximately 3 weeks without a significant increase in
harvest. Increasing the minimum size limit constrains harvest rates by
increasing the proportion of anglers who are unable to catch their bag
limit. The NMFS Southeast Fisheries Science Center has determined that
the measures contained in this interim rule, including any additional
release mortality associated with the increase in the minimum size
limit, will not jeopardize the long-term recovery of the stock. The
extension of the fishing season will provide economic benefits to the
recreational fishery and the Gulf tourism industry. The stakeholders
recommended 16 inches (40.6 cm) as the largest minimum size acceptable
to the recreational fishery.
The Council did not propose a corresponding increase in the
existing commercial size limit of 15 inches (38.1 cm). The Council
justified the discrepancy between the two size limits based on the
different release mortality rates in the two fisheries and the need to
extend the recreational season by increasing the minimum size limit.
Commercial fishers fish in deeper water than recreational fishers and
use electric reels, which bring fish to the surface more quickly than
recreational fishers; consequently, the mortality rate of fish released
in the commercial fishery (33 percent) is greater than that in the
recreational fishery (20 percent). The best available scientific
information suggests that few conservation benefits are provided by
increases in the minimum size limit at release mortality rates of 33
percent or greater.
Recreational Bag Limit
Reinstating the 4-fish bag limit for captain and crew of for-hire
vessels relieves a restriction on that sector of the fishery. The final
rule for the 1999 red snapper regulatory amendment (64 FR 47711,
September 1, 1999) implemented the existing 0-fish bag limit for
captain and crew. The for-hire industry has vigorously opposed this
measure. NMFS expects that none of the Gulf states will enact a
compatible 0-fish bag limit measure, and, thus, enforcement of the
measure would be difficult. If compliance with the measure is minimal,
the harvest rate upon which the corresponding extension of the season
is based will not be reduced and overfishing will occur. Restoring the
captain-and-crew bag limit will encourage cooperation and voluntary
compliance by the for-hire sector, which accounts for the greatest
portion of the recreational harvest. By restoring the captain-and-crew
bag limit, the projected fishery closure date will be based on an
assumed catch rate reduction that will, in fact, be realized because of
compatible state regulations. In addition, the measure will encourage
cooperation and voluntary compliance by the for-hire sector, which
accounts for the greatest portion of the recreational harvest, and,
thereby, reduce overfishing.
NMFS approved the 0-fish bag limit for captain-and-crew last season
because it extended the recreational season without a corresponding
increase in harvest. Subsequent public comment and the recommendations
of the stakeholders indicate that participants in the fishery are
willing to sacrifice fishing days to reinstate the bag limit for
captain and crew. Thus, NMFS has reinstated the 4-fish bag limit for
the for-hire sector and delayed the starting date of the recreational
season from April 15 (as requested by the Council) to April 21 to
prevent a corresponding increase in harvest.
Spring Commercial Season
Reducing the openings of the spring commercial fishery from 15 days
per month to 10 days per month will slow the harvest rate and reduce
the probability of exceeding the commercial quota and overfishing. The
shorter season will allow additional time between 10-day fishing
periods to evaluate landings and, thus, reduce the probability of
exceeding the commercial quota. This measure also will reduce confusion
among fishers by providing consistent spring and fall fishing periods
and, thus, increase compliance. Projections by the Council's
Socioeconomic Panel and the experience of the 10-day openings (9
fishing days) during the 1999 fall season suggest that the reduced
harvest rate also will help maintain price stability. This action
should allow commercial red snapper fishermen to generate more revenue
with the same amount of catch, which should help reduce the incentive
to pursue a derby fishery that would likely result in a quota overrun.
The NMFS Southeast Fisheries Science Center (Center) has determined
that this interim rule is based on the best available scientific
information and will not jeopardize the long-term recovery of the
stock. The Center concluded that the interim measures would address
overfishing of red snapper and are consistent with the FMP and the
Magnuson-Stevens Act. The Center also emphasized the uncertainty
associated with projections of catch rates in the recreational fishery
and certified that the recreational quota is within the margin of error
of the harvest projected under the measures contained in this interim
rule.
NMFS finds that this interim rule is necessary to reduce
overfishing of red snapper in the Gulf of Mexico. NMFS issues this
interim rule, effective for not more than 180 days, as authorized by
section 305(c) of the Magnuson-Stevens Act. This interim rule may be
extended for an additional 180 days, provided that the public has had
an opportunity to comment on the interim rule and provided that the
Council is actively preparing proposed regulations to address this
overfishing on a permanent basis. Public comments on this interim rule
are invited and will be considered in determining whether to maintain
or extend this rule to address overfishing of red snapper. The Council
is preparing a regulatory amendment under the FMP framework procedure
to address, on a permanent basis, red snapper overfishing issues that
are the subject of this rule.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this interim rule is necessary to reduce overfishing of
red snapper in the Gulf of Mexico and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This interim rule has been determined to be significant for
purposes of E.O. 12866.
This rule was submitted to the states of Florida, Alabama,
Mississippi, Louisiana, and Texas for review under section 307(c) of
the Coastal Zone Management Act, with a request for an alternative
notification schedule and expedited review (15 CFR 930.34(b)). All of
the reviewing states agreed to the expedited schedule, and all states
except Texas either concurred with NMFS' determination of consistency
with their approved coastal management programs (CMPs) or found
[[Page 71059]]
the matter not subject to consistency review. The Texas Coastal
Coordination Council (TCCC) determined the interim rule to be
inconsistent with Texas' CMP based on its belief that the rule
conflicts with the goals of 31 TAC 501.12(2) and (8). Paragraphs (2)
and (8) of 31 TAC 501.12 are similar to National Standards for Fishery
Conservation and Management Two and Eight of the Magnuson-Stevens Act
(16 U.S.C. 1851(a)(2) and (8)). The TCCC also believed the rule to be
inconsistent with Magnuson-Stevens Act National Standards Two, Four,
Six, Eight, and Ten. The TCCC urged special regulations for the red
snapper fishery off Texas, without suggesting any specifics.
NMFS disagrees with the TCCC, and responded by letter dated
December 14, 1999, that, to the maximum extent practicable with the
requirements of Magnuson-Stevens Act National Standards One, Two,
Three, Four, Six, Eight, and Ten (16 U.S.C. 1851(a)(1), (2), (3), (4),
(6), (8), and (10)), the interim rule is consistent with Texas' CMP.
While the Council plans to examine the issue of separate management
measures for the waters off the coast of Texas, the present
administrative record does not support the existence of a separate red
snapper fishery there.
National Standard Two (16 U.S.C. 1851(a)(2)) requires that
management measures be based on the best scientific information
available. National Standard Three (16 U.S.C. 1851(a)(3)) requires that
a stock of fish be managed as a unit throughout its range. The stock of
Gulf of Mexico red snapper ranges throughout the Gulf of Mexico, with
no separate stock as yet scientifically identified off the Texas coast.
National Standard Four (16 U.S.C. 1851(a)(4)) prohibits discrimination
between residents of different states and requires, inter alia, that
the allocation of fishing privileges among United States fishermen be
fair and equitable. The measures in this interim rule, particularly the
recreational fishing season, are consistent with longstanding
historical fishing practices of all participants in the Gulf of Mexico
red snapper fishery, including Texas fishermen.
With respect to National Standard Eight (16 U.S.C. 1851(a)(8)), the
interim rule preserves recreational fishing opportunities for Texas
fishing communities during the months of greatest historical demand. In
addition, opening the recreational fishery during winter months is not
practicable since it would result in an earlier fishery closure and
decrease the likelihood of compatible regulations among most Gulf
coastal States, which, in turn, would increase the likelihood of
recreational quota overruns and overfishing, which is prohibited by
National Standard One (16 U.S.C. 1851(a)(1)). Similarly, the rule
preserves commercial fishing opportunities as well. With respect to
National Standard Ten (16 U.S.C. 1851(a)(10)), the interim rule is not
likely to affect safety at sea adversely since the commercial 10-day
monthly seasons will actually reduce the incentive for a derby fishery.
National Standard Six (16 U.S.C. 1851(a)(6)) requires consideration
of, and allowance for, variations and contingencies in fisheries,
fishery resources and catches. TCCC believes that there is a higher
release mortality rate for red snapper in the deeper waters of the
western Gulf of Mexico and that NMFS has not taken this into
consideration. NMFS used a release mortality rate of 20 percent for the
recreational fishery based upon the best scientific information
available, as required by National Standard Two. The administrative
record does not contain sufficient documentation of, or scientific
bases for, using higher release mortality rates.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553 or any other law,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., are inapplicable.
NMFS prepared an economic analysis of the expected regulatory
impacts of the interim rule. NMFS analyzed commercial fishing derbies
during the last decade to determine the probable economic consequences
of commercial spring and fall seasons consisting of a series of 10-day
mini-derbies during the year 2000. NMFS concluded that a series of 10-
day commercial derbies conducted under a 9.12 million-lb (4.14 million-
kg) TAC could measurably increase the average total and net revenues
for the year compared to 15-day openings. Shorter mini-seasons during
1998-99 reduced landings per month, supported higher ex-vessel prices,
and extended domestic supplies. The expected economic consequences for
the recreational sectors are less definite because of uncertainties
regarding the recreational catch that may be realized versus
recreational catches that can be forecast with available data.
If the changes in the recreational fishery regulations, which
include an April 21 to October 31 season and an increase in the size
limit to 16 inches (40.6 cm), result in catches that are no greater
than the recreational quota, then NMFS expects an increase in net
benefits for all portions of the recreational fishery in aggregate.
However, if the realized catches exceed the quota, then longer-term
benefits will be reduced because stock recovery will be slowed by an
indeterminate amount. In theory, if the management measures in this
interim rule are very different from the management measures preferred
by the Gulf states, it is unlikely that the Gulf states will adopt
compatible regulations. Under incompatible Federal and state
regulations, harvests will probably continue in state waters after
Federal closures. These harvests will impede stock rebuilding efforts.
Under the existing management scheme, for example, harvests during the
Federal closures could exceed 600,000 lb (272,155 kg) during a fishing
year. The Gulf states are more likely to adopt any scenario
approximating the Council's requested season of April 15-October 31,
thus reducing the negative effects of incompatible Federal and state
rules.
Copies of the economic analysis are available upon request (see
ADDRESSES).
This interim rule addresses overfishing. In the past, the lack of
compatible management of the red snapper fishery by most Gulf states
resulted in continued fishing in state waters after Federal waters were
closed. This contributed to quota overruns and overfishing. NMFS
anticipates that four of the five Gulf states will adopt measures
compatible with the measures of this interim rule. This will enhance
the effectiveness of the closed seasons and will significantly reduce
the probability of overfishing. The increase in the recreational
minimum size limit will reduce the harvest rate and, in combination
with the bag limit and closed seasons, will help ensure that the
recreational quota is not exceeded and that overfishing does not occur.
Reducing the openings of the commercial fishery from 15 days per month
to 10 days per month will slow the harvest rate and reduce the
probability of exceeding the commercial quota and overfishing.
Reinstating the 4-fish bag limit for captain and crew of for-hire
vessels relieves a restriction on that sector of the fishery. The
Council provided public notification in the Federal Register on October
25, 1999, of the red snapper issues that would be considered at its
November 8-12, 1999, Council meeting and afforded the public the
opportunity at that meeting to comment on the measures contained in
this interim rule. Delaying action to reduce overfishing in the red
snapper fishery of the Gulf of Mexico to provide further notice and an
opportunity for
[[Page 71060]]
public comment would increase the likelihood of a loss of long-term
productivity from the fishery and increase the probable need for more
severe restrictions in the future. Accordingly, under authority set
forth at 5 U.S.C. 553(b)(B), the AA finds, for good cause, namely the
reasons set forth above, that providing prior notice and the
opportunity for prior public comment would be contrary to the public
interest.
Under 5 U.S.C. 553(d)(3), the AA finds for good cause that a 30-day
delay in the effective date of Sec. 622.34(n) would be contrary to the
public interest. Section 622.34(n) delays the opening of the
recreational fishing season from January 1 until April 21 to allow the
limited quota to be harvested during the peak recreational fishing
season. If Sec. 622.34(n) is not effective on January 1, 2000, the
recreational fishery would begin on January 1, and NMFS would have to
compensate for any landings between January 1 and the effective date of
Sec. 622.34(n) by shortening the proposed April 21-October 31 season
preferred by a majority of the recreational sector. Accordingly,
Sec. 622.34(n) is being made effective January 1, 2000, thereby
providing the maximum delayed effectiveness, 12 days, consistent with
achieving the objectives of this rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: December 15, 1999.
Penelope D. Dalton,
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, paragraph (l) is suspended, and paragraphs (m)
and (n) are added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(m) Closures of the commercial fishery for red snapper. The
commercial fishery for red snapper in or from the Gulf EEZ is closed
from January 1 to noon on February 1 and thereafter from noon on the
10th of each month to noon on the first of each succeeding month until
the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until noon
on September 1, whichever occurs first. From September 1 to December 1,
the commercial fishery for red snapper in or from the Gulf EEZ is
closed from noon on the 10th of each month to noon on the first of each
succeeding month until the quota specified in Sec. 622.42(a)(1)(i)(B)
is reached or until the end of the fishing year, whichever occurs
first. All times are local times. During these closed periods, the
possession of red snapper in or from the Gulf EEZ and in the Gulf on
board a vessel for which a commercial permit for Gulf reef fish has
been issued, as required under Sec. 622.4(a)(2)(v), without regard to
where such red snapper were harvested, is limited to the bag and
possession limits, as specified in Sec. 622.39(b)(1)(viii) and (b)(2),
respectively, and such red snapper are subject to the prohibition on
sale or purchase of red snapper possessed under the bag limit, as
specified in Sec. 622.45(c)(1). However, when the recreational quota
for red snapper has been reached and the bag and possession limits have
been reduced to zero, such possession is limited to zero during a
closed period.
(n) Closures of the recreational fishery for red snapper. The
recreational fishery for red snapper in or from the Gulf EEZ is closed
from January 1, 2000, to April 21, 2000, and from November 1, 2000,
through December 31, 2000. During a closure, the bag and possession
limit for red snapper in or from the Gulf EEZ is zero.
3. In Sec. 622.37, paragraph (d)(1)(iv) is suspended and paragraph
(d)(1)(vi) is added to read as follows:
Sec. 622.37 Size limits.
* * * * *
(d) * * *
(1) * * *
(vi) Red snapper-16 inches (40.6 cm), TL, for a fish taken by a
person subject to the bag limit specified in Sec. 622.39(b)(1)(viii)
and 15 inches (38.1 cm), TL, for a fish taken by a person not subject
to the bag limit.
* * * * *
4. In Sec. 622.39, paragraphs (b)(1)(iii) and (b)(1)(v) are
suspended and paragraphs (b)(1)(viii) and (b)(1)(ix) are added to read
as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(viii) Red snapper-4.
(ix) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i), (b)(1)(ii), and (b)(1)(iv) and in (b)(1)(vi)
through (b)(1)(viii) of this section and excluding dwarf sand perch and
sand perch--20.
* * * * *
[FR Doc. 99-32874 Filed 12-15-99; 4:01 pm]
BILLING CODE 3510-22-F
