[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Rules and Regulations]
[Pages 19683-19684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9641]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 646
[Docket No. 950203035-5091-02; I.D. 120594C]
RIN 0648-AH44
Snapper-Grouper Fishery Off the Southern Atlantic States;
Hogfish, Cubera Snapper, Gray Triggerfish Regulatory Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: In accordance with the framework procedure for adjusting
management measures of the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP), NMFS establishes a
daily recreational bag limit of five hogfish per person; limits the
harvest and possession of cubera snapper measuring 30 inches (76.2 cm)
in total length, or larger, to 2 per day; and establishes a minimum
size limit for gray triggerfish of 12 inches (30.5 cm), total length.
These measures apply only in the exclusive economic zone (EEZ) off the
Atlantic coast of Florida. The intended effects of this rule are to
rebuild the snapper-grouper resources and enhance enforcement.
EFFECTIVE DATE: May 22, 1995.
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.
SUPPLEMENTARY INFORMATION: Snapper-grouper species in the Atlantic
Ocean off the southern Atlantic states are managed under the FMP. The
FMP was prepared by the South Atlantic Fishery Management Council
(Council) and is implemented through regulations at 50 CFR part 646
under the authority of the Magnuson Fishery Conservation and Management
Act.
In accordance with the framework procedure of the FMP, the Council
recommended and NMFS published a proposed rule to change the management
measures applicable to certain snapper-grouper species in the EEZ off
the Atlantic coast of Florida (60 FR 8620, February 15, 1995). That
proposed rule specified the recommended changes and described the need
and rationale for the recommended changes. Those descriptions are not
repeated here.
No comments were received on the proposed rule. Accordingly, the
proposed rule is adopted as final with one change. As a technical
change, the title ``Secretary'' is revised to read ``Assistant
Administrator'' where it appears in the snapper-grouper regulations.
``Secretary'' and ``Assistant Administrator'' are defined at 50 CFR
620.2 to mean ``the Secretary of Commerce, or a designee'' and ``the
Assistant Administrator for Fisheries, NOAA, or a designee,''
respectively. This change more clearly specifies the responsible
official.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration when this rule was proposed that it
would not have a significant economic impact on a substantial number of
small entities. The reasons were summarized in the preamble to the
proposed rule (60 FR 8620, February 15, 1995). As a result, a
regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 646
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 646 is amended
as follows: [[Page 19684]]
PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES
1. The authority citation for part 646 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 646.2, under the definition for ``authorized statistical
reporting agent'' paragraphs (a) and (b) are redesignated as paragraphs
(1) and (2) respectively; and a new definition of ``Off Florida'' is
added, in alphabetical order, to read as follows:
Sec. 646.2 Definitions.
* * * * *
Off Florida means the waters off the east coast from a line
extending directly east from the seaward terminus of the Georgia/
Florida boundary (30 deg.42'45.6'' N. lat.) to the boundary between the
Atlantic Ocean and the Gulf of Mexico, as specified in Sec. 601.11(c)
of this chapter.
* * * * *
3. In Sec. 646.7, paragraphs (pp)(2) and (pp)(3) are redesignated
as paragraphs (pp)(3) and (pp)(4), respectively; in newly designated
paragraph (pp)(4), the reference to ``Sec. 646.25(e)'' is revised to
read ``Sec. 646.25(d)''; paragraph (bb) is added; and new paragraph
(pp)(2) is added to read as follows:
Sec. 646.7 Prohibitions.
* * * * *
(bb) Harvest or possess cubera snapper measuring 30 inches (76.2
cm) in total length, or larger, in or from the EEZ off Florida in
excess of the limits specified in Sec. 646.21(k)(1).
* * * * *
(pp) * * *
(2) Cubera snapper, as specified in Sec. 646.21(k)(3);
* * * * *
4. In Sec. 646.21, paragraphs (a)(1)(ix) and (k) are added to read
as follows:
Sec. 646.21 Harvest limitations.
(a) * * *
(1) * * *
(ix) Gray triggerfish off Florida--12 inches (30.5 cm), total
length.
* * * * *
(k) Cubera snapper harvest and possession limit. (1) No person may
harvest in the EEZ off Florida more than 2 cubera snapper measuring 30
inches (76.2 cm) in total length, or larger, per day and no more than 2
such cubera snapper in or from the EEZ off Florida may be possessed on
board a vessel at any time.
(2) A person who fishes in the EEZ off Florida may not combine the
harvest and possession limit specified in paragraph (k)(1) of this
section with the bag and possession limit applicable to Florida's
waters.
(3) A cubera snapper measuring 30 inches (76.2 cm) in total length,
or larger, taken in the EEZ off Florida may not be transferred at sea,
regardless of where such transfer takes place; a cubera snapper
measuring 30 inches (76.2 cm) in total length, or larger, may not be
transferred at sea in the EEZ off Florida, regardless of where such
cubera snapper was taken.
5. In Sec. 646.23, paragraph (b)(2) is revised and paragraph (b)(6)
is added to read as follows:
Sec. 646.23 Bag and possession limits.
* * * * *
(b) * * *
(2) Snappers, excluding cubera snapper measuring 30 inches (76.2
cm) in total length, or larger, in or from the EEZ off Florida and
excluding vermillion--10, of which no more than 2 may be red snapper.
(See Sec. 646.21(k) for limitations on cubera snapper measuring 30
inches (76.2 cm) in total length, or larger, in or from the EEZ off
Florida.)
* * * * *
(6) Hogfish in or from the EEZ off Florida--5.
* * * * *
6. Section 646.25 is revised to read as follows:
Sec. 646.25 Commercial limitations.
(a) Trip limits. Persons who are not subject to the bag limits and
who fish in the EEZ on a trip are subject to the following vessel trip
limits. (See Sec. 646.23(a)(1) for applicability of the bag limits.)
(1) Snowy grouper (whole weight or gutted weight, that is,
eviscerated but otherwise whole):
(i) Until the fishing year quota specified in Sec. 646.24(b) is
reached, 2,500 lb (1,134 kg).
(ii) After the fishing year quota specified in Sec. 646.24(b) is
reached, 300 lb (136 kg).
(2) Golden tilefish (whole weight or gutted weight, that is,
eviscerated but otherwise whole):
(i) Until the fishing year quota specified in Sec. 646.24(c) is
reached, 5,000 lb (2,268 kg).
(ii) After the fishing year quota specified in Sec. 646.24(c) is
reached, 300 lb (136 kg).
(b) Reduction of trip limits. When a commercial quota specified in
Sec. 646.24(b) or (c) is reached, or is projected to be reached, the
Assistant Administrator will file a notification to that effect with
the Office of the Federal Register. On and after the effective date of
such notification, for the remainder of the fishing year, the
appropriate trip limit applies.
(c) Combination of trip limits. A person who fishes in the EEZ may
not combine a trip limit under this section with any trip or possession
limit applicable to state waters.
(d) Transfer at sea. A snowy grouper or golden tilefish taken in
the EEZ may not be transferred at sea, regardless of where such
transfer takes place; a snowy grouper or golden tilefish may not be
transferred at sea in the EEZ, regardless of where such snowy grouper
or golden tilefish was taken.
(e) Sale/purchase of excess fish. Snowy grouper or golden tilefish
in excess of an applicable trip limit specified in paragraph (a) of
this section may not be sold, purchased, traded, or bartered, or
attempted to be sold, purchased, traded, or bartered.
Sec. 646.6 [Amended]
6a. In Sec. 646.6, the undesignated text at the end of the section
is added to the end of paragraph (g).
Secs. 646.2, 646.6, 646.22 [Amended]
7. The title ``Secretary'' is removed and the title ``Assistant
Administrator'' is added in its place where it appears in the following
places:
(a) Section 646.2, in the definition of ``authorized statistical
reporting agent, paragraph (2);
(b) Section 646.6(g); and
(c) Section 646.22(b) and (c)(1).
[FR Doc. 95-9641 Filed 4-19-95; 8:45 am]
BILLING CODE 3510-22-F
