[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72200-72203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34727]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 980804203-8406-01; I.D. 122298A]
RIN 0648-AK97
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Bag Limit
Reduction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; request for comments.
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SUMMARY: This emergency interim rule reduces the daily bag limit for
red snapper possessed in or from the exclusive economic zone (EEZ) of
the Gulf of Mexico from five fish to four fish. The intended effects
are to avoid angler confusion and excessive fishing mortality, slow the
rate of harvest, extend the recreational fishing season, and help
ensure that more of the recreational quota is available during a later
period for recreational fishing. This will provide for better
management, minimize the potential for significant economic losses that
would occur with an earlier closure of the recreational fishery, and
increase social and economic benefits derived from the available
recreational quota.
DATES: This rule is effective January 1, 1999, through June 29, 1999.
ADDRESSES: Comments on this emergency interim rule must be mailed to,
and copies of documents supporting this action, such as the economic
analysis and environmental assessment, may be obtained from, the
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702. Requests for copies of a minority report
submitted by seven members of the Council and/or a minority report
submitted by one member of the Council should be sent to the Gulf of
Mexico Fishery Management Council, Suite 1000, 3018 U.S. Highway 301
North, Tampa, FL 33619, Phone: 813-228-2815; Fax: 813-225-7015.
[[Page 72201]]
FOR FURTHER INFORMATION CONTACT: Robert Sadler, 727-570-5305.
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 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.
Council Recommendations for Red Snapper Management Measures
At its November 1998 meeting, the Council considered a NMFS stock
assessment for Gulf of Mexico red snapper and heard substantial
testimony from charter vessel operators and a chamber of commerce
regarding the need to extend the recreational red snapper fishing
season as late into the calendar year as practicable. The Council
requested an emergency rule to delay opening the 1999 red snapper
recreational fishery in the Gulf of Mexico EEZ from January 1 until
March 1; to implement bag limits of zero fish for captain and crew of
for-hire vessels and four fish for other persons not fishing under the
commercial quota (recreational bag limit); and to implement a minimum
size limit of 14 inches (35.6 cm), total length, for persons fishing
under the recreational or commercial quotas for red snapper in the EEZ.
The Council also voted to include those measures, as well as a change
in the timing of the fall commercial season, in a regulatory amendment
to be implemented through a framework notice and comment rulemaking
procedure of the FMP.
Reduction of the Recreational Bag Limit
This emergency rule to reduce the recreational bag limit to four
fish per person would reduce angler confusion, increase the number of
fishing trips on which red snapper would be harvested, and extend the
length of the open season. Without this emergency action, the
recreational fishery would open on January 1, 1999, with a 5-fish bag
limit. If NMFS approves and implements the Council's regulatory
amendment after January 1, the 5-fish bag limit would be reduced to
four fish part way through the season. This mid-season change could
create confusion in the fishery and lead to fishing mortality in excess
of the 4-fish bag limit by fishermen unaware of the bag limit
reduction. Implementation of this emergency interim rule would avoid
that confusion and provide for consistent catch limits during the open
season.
In addition, if the recreational red snapper season were to open on
January 1 with a 5-fish bag limit and a 15-inch (38.1 cm) minimum size
limit for the entire season, preliminary projections suggest that
approximately 391,000 red snapper angler trips could be taken to
harvest red snapper. Approximately 244,000 of those trips are for-hire
angler trips. Under this scenario, the season is projected to close on
August 17, 1999. However, a January 1 opening with a 15-inch (38.1 cm)
minimum size limit and a 4-fish bag limit is expected to allow 441,000
angler trips to harvest red snapper, of which 275,000 (62 percent) are
for-hire trips. This 4-fish bag limit scenario is projected to extend
the 1999 season through September 10. Compared to a 5-fish bag limit
for all of 1999, the expected benefits of a 4-fish bag limit are an
additional 23 fishing days and 50,000 red snapper harvest angler trips
across all modes, including a gain of 31,000 for-hire trips on which
red snapper are harvested.
A minority report signed by seven Council members suggested that
the 4-fish bag limit would not need to be implemented by emergency rule
if the season opening date were delayed until March 1. However, because
neither the minority report signed by seven Council members nor the
minority report signed by one Council member provided substantive
objections to implementation of a 4-fish bag limit through an emergency
rule, and because of the benefits of the reduced bag limit, NMFS is
issuing this emergency rule.
Analysis of Other Council-Recommended Measures
The Council requested emergency implementation of a delay of the
recreational season opening date from January 1 to March 1. Subsequent
analyses by NMFS indicated a net loss in the number of in-season trips
catching red snapper if the season opening date were delayed until
March 1. NMFS considered a minority report signed by seven Council
members that recommended emergency implementation of only the season
delay. However, NMFS found the report did not provide sufficient
information to warrant implementation of the delay by an emergency
rule. In light of a potential loss in the number of trips harvesting
red snapper, NMFS considers the value of providing the public the
opportunity to comment on a season delay outweighs the value of
implementing this measure through an emergency rule.
NMFS also considered two minority reports addressing the Council's
request to implement by emergency rule the 14-inch minimum size limit
to reduce bycatch mortality and a zero-fish bag limit for captain and
crew of for-hire vessels. The minority report signed by seven Council
members objected to the 14-inch minimum size limit based on their
concerns about its biological impact, and to the zero-fish bag limit
based on their concerns about a differential impact on captain and crew
of for-hire vessels as opposed to other vessels. One Council member
submitted a separate minority report objecting to the zero bag limit
for captain and crew of for-hire reef fish vessels in both the
regulatory amendment and emergency rule request because of concerns
about the equity of such a measure. In light of the controversy over
these measures, NMFS determined that the value of additional public
comment on a zero bag limit and 14-inch (35.6 cm) minimum size limit
outweighs any benefits of their implementation through an emergency
rule. NMFS will further consider the minority reports prior to taking
agency action on these measures under the Council's regulatory
amendment.
Criteria for Issuing an Emergency Rule
This emergency interim rule meets NMFS policy guidelines for the
use of emergency rules (62 FR 44421, August 21, 1997), because the
emergency situation: Results from recent, unforeseen events, or
recently discovered circumstances; presents a serious management
problem; and realizes immediate benefits from the emergency rule that
outweigh the value of prior notice, opportunity for public comment, and
deliberative consideration expected under the normal rulemaking
process. Compliance with the NMFS policy guidelines is discussed here.
Recent, Unforeseen Events or Recently Discovered Circumstances
The Council was unable to propose red snapper management measures
before its November 9-12, 1998, meeting due to the lack of a complete
red snapper stock assessment. The red snapper stock assessment utilizes
data obtained from state fishery management agencies and NMFS. This
year those data and analyses were made available later than usual. The
FMP's framework procedure for making changes to fishery management
measures requires review of the stock assessment prior to the Council's
recommendation of such changes. The late availability of the stock
assessment information was an
[[Page 72202]]
unforeseen circumstance that precluded earlier action by the Council
and NMFS.
Moreover, insufficient time exists to process the Council's
regulatory amendment and to implement the decreased bag limit through
proposed and final rules in time for the January 1 fishery opening.
These unavoidable circumstances indicate the need for an emergency
interim rule to implement a 4-fish bag limit in time for the January 1
opening.
Serious Management Problems in the Fishery
Without emergency action in time for the 1999 season, the
recreational fishery would automatically open with a 5-fish bag limit
per person that differs from the Council's bag limit recommendations.
Allowing the fishery to open with a 5-fish bag limit starting January
1, 1999, and subsequently changing to 4-fish per person bag limit,
assuming NMFS' approval of the Council's regulatory amendment, could
seriously erode public confidence in red snapper management and create
confusion in the fishery. Such confusion could lead to increased
fishing mortality through harvest in excess of the 4-fish bag limit
following implementation of that measure under the Council's regulatory
amendment. While these factors cannot be quantified, they are of
significant concern to NMFS.
In addition, under a January 1 opening and a 5-fish bag limit and a
15-inch (38.1-cm) minimum size limit through the entire season, the
1999 recreational red snapper fishery will close on August 17 and allow
approximately 391,000 red snapper angler trips, of which approximately
244,000 are for-hire angler trips to harvest red snapper. The resulting
economic impacts, when combined with angler confusion and associated
disruption, would constitute serious management problems in the fishery
if this emergency interim rule is not implemented.
NMFS has projected that a 4-fish bag limit, as provided by this
rule, will allow approximately 23 additional fishing days, with a
projected closure on September 10, and allow a total of 441,000 angler
trips. Of those trips, 275,000 (62 percent) are for-hire angler trips
to harvest red snapper. This information indicates that management
problems associated with the shorter season would be avoided under the
emergency interim rule.
Immediate Benefits
Public comment to the Council indicated that slowing the rate of
harvest through a 4-fish bag limit emergency interim rule would avoid
angler confusion and optimize overall benefits to the fishery starting
January 1, 1999. Without a 4-fish bag limit emergency interim rule, the
recreational fishery would open with a bag limit that differs from the
Council's recommendations. Agency experience demonstrates that
substantial user group confusion results from adjusting management
measures during the fishing year. This confusion, combined with the
negative impacts of the shortened season, would disrupt the fishery.
Timely implementation of the 4-fish bag limit under this emergency
interim rule will prevent confusion and the associated disruptive
effects.
In addition, a January 1 opening with a 15-inch (38.1-cm) minimum
size limit and 5-fish bag limit would result in a projected seasonal
closure of August 17. This scenario would not provide economic and
social benefits to the fishery associated with a September 10 closure
projected with a 4-fish bag limit. Implementation of this emergency
interim rule would provide those benefits to the fishery and, as
previously discussed, avoid angler confusion regarding bag limits.
Moreover, this rule provides the opportunity for additional public
comment.
NMFS concludes that the timely regulatory action provided by this
emergency interim rule is critical to avoiding unnecessary adverse
economic and social impacts on participants and fishing communities
dependent on the red snapper recreational fishery in the Gulf of
Mexico. NMFS issues this emergency interim rule, effective for an
initial 180 days, as authorized by section 305(c) of the Magnuson-
Stevens Act.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this emergency interim rule is necessary to minimize
significant adverse social and economic impacts that would occur with
an earlier closure of the red snapper recreational fishery and to
increase the socio-economic benefits associated with the recreational
quota. The AA has also determined that this rule is consistent with the
Magnuson-Stevens Act and other applicable laws.
This emergency interim rule has been determined to be not
significant for purposes of E.O. 12866.
NMFS prepared an economic evaluation of the regulatory impacts
associated with this emergency interim rule that is summarized as
follows. The major effects of the emergency interim rule are the
generation of non-quantifiable positive economic benefits, compared to
the status quo, that should accrue because of consistency of bag limit
measures throughout the year and a lengthening of the recreational
fishery's open season by approximately 23 days. The seasonal extension
will allow 50,000 additional red snapper angler trips to harvest red
snapper, including 31,000 for-hire trips. This translates into a 13-
percent increase in total red snapper angler trips for the year. The
economic consequences of the emergency interim rule can be summarized
as ranging from a small to a significant increase in economic benefits
for the recreational red snapper fishery.
The emergency interim rule does not create additional reporting,
recordkeeping or other compliance requirements. Accordingly, there are
no cost increases that can be ascribed to compliance requirements.
Copies of the economic evaluation are available (see ADDRESSES).
If action were not taken to reduce the red snapper daily bag limit
from five to four fish, the recreational fishery would be expected to
close earlier in the fishing season and at a time that would forfeit
some of the prime red snapper recreational fishing opportunities. This
would result in unnecessary adverse impacts on those entities dependent
on the red snapper recreational fishery, including the associated
fishing communities. Reduction of the bag limit at the beginning of
1999 is expected to avoid angler confusion, slow the rate of harvest,
extend the fishing season, and allow recreational fishers to harvest
the available quota during the period, which should increase optimal
social and economic benefits for the year. Accordingly, under authority
set forth at 5 U.S.C. 553(b)(B), the AA finds that these reasons
constitute good cause to waive the requirement to provide prior notice
and the opportunity for prior public comment, as such procedures would
be contrary to the public interest. For these same reasons, under 5
U.S.C. 553(d)(3), the AA finds for good cause that a delay in the
effective date of this rule, beyond January 1, 1999, would be contrary
to the public interest.
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.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
[[Page 72203]]
Dated: December 24, 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 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 paragraph (m) is
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
15th of each month to noon on the first of each succeeding month. 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), regardless of where such red
snapper were harvested, is limited to the bag and possession limits, as
specified in Sec. 622.39(b)(1)(vi) 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 limit has been reduced to
zero, such possession during a closed period is zero.
3. In Sec. 622.39, paragraph (b)(1)(iii) is suspended and paragraph
(b)(1)(vi) is added to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(vi) Red snapper--4.
* * * * *
[FR Doc. 98-34727 Filed 12-28-98; 4:34 pm]
BILLING CODE 3510-22-F
