[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Rules and Regulations]
[Pages 33800-33801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16085]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990615162-9162-01; I.D. 122298A]
RIN 0648-AM73
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Extension of Effective Date of
Red Snapper Bag Limit Reduction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; extension of effective date.
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SUMMARY: An emergency interim rule is in effect through June 29, 1999,
that 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. NMFS extends the emergency interim rule for an additional
180 days. The intended effects of this rule are to maintain the current
4-fish bag limit consistent with the Gulf of Mexico Fishery Management
Council's intent, avoid angler confusion that otherwise would result
from an unintended in-season change in the bag limit, and help ensure
that the recreational quota is not exceeded.
DATES: The effective date for the emergency interim rule published at
63 FR 72200, December 31, 1998, is extended from June 29, 1999, through
December 26, 1999.
ADDRESSES: Copies of documents supporting this rule may be obtained
from the Southeast Regional Office, NMFS, 9721 Executive Center Drive
N., St Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Roy Crabtree, phone: 727-570-5305 or
fax: 727-570-5583.
SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management
Council (Council) prepared the Fishery Management Plan for the Reef
Fish Fishery of the Gulf of Mexico (FMP). Regulations at 50 CFR part
622 implement the FMP under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
In response to a request from the Council, NMFS published an
emergency interim rule (63 FR 72200, December 31, 1998), under section
305(c)(1) of the Magnuson-Stevens Act, that reduced the daily bag limit
for red snapper possessed in or from the EEZ of the Gulf of Mexico from
five fish to four fish. This reduction in the bag limit was, and still
is, necessary to maintain the recreational harvest rate at a level that
will allow the recreational fishing season to be extended without
exceeding the quota. The December 31, 1998, emergency interim rule is
effective through June 29, 1999. Under the FMP framework procedure for
regulatory adjustments, the Council has submitted a regulatory
amendment to NMFS for review that contains a proposed reduction in the
red snapper bag limit from five fish to four fish. If NMFS approves and
implements the proposed bag limit reduction in the regulatory
amendment, it is unlikely that it could be implemented prior to
expiration of the current emergency interim rule on June 29, 1999. The
result would be a temporary in-season change in the red snapper bag
limit that would cause angler confusion and an increase in harvest rate
that would be inconsistent with the current management regime. To avoid
these negative impacts, NMFS extends the effective date of the
emergency interim rule, consistent with section 305(c)(3)(B) of the
Magnuson-Stevens Act, for 180 days beyond the June 29, 1999, expiration
date that was specified for the emergency interim rule published
December 31, 1998 (63 FR 72200).
NMFS solicited public comments on the initial emergency interim
rule; no comments were received. On June 8, 1999, NMFS issued an
emergency interim rule to increase the minimum size limit for red
snapper in the Gulf EEZ from 15 inches (38.1 cm) to 18 inches (45.7 cm)
for persons subject to the bag limit and to announce the closure of the
recreational red snapper fishery in the Gulf EEZ effective 12:01 a.m.,
local time, August 29, 1999 (64 FR 30445, June 8, 1999). Upon closure
of the recreational red snapper fishery, the bag limit becomes zero and
will remain so until the recreational fishery is reopened, as provided
by 50 CFR 622.43(a)(1)(ii).
Additional details concerning the basis for the reduction of the
red snapper bag limit are contained in the preamble to the initial
emergency interim rule and are not repeated here.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that the extension of the emergency interim rule is
necessary to maintain regulatory consistency, to avoid confusion among
the regulated public, and to help ensure that the recreational
[[Page 33801]]
red snapper quota is not exceeded. The AA has also determined that this
extension is consistent with the Magnuson-Stevens Act and other
applicable laws.
This extension of the emergency interim rule is not subject to
review under E.O. 12866.
NMFS prepared an economic evaluation of the regulatory impacts
associated with the emergency interim rule. The economic evaluation
indicates that the major effects of the emergency interim rule are the
generation of non-quantifiable positive economic benefits, compared
with those of the status quo that should accrue because of consistency
of bag limit measures throughout the year and of a lengthening of the
recreational fishery's open season. The economic consequences of the
rule are summarized as ranging from a small to a significant increase
in economic benefits for the recreational red snapper fishery. Copies
of the economic evaluation are available (see ADDRESSES).
The extension of the emergency interim rule continues the current
4-fish red snapper bag limit, thereby maintaining a recreational
harvest rate consistent with extending the recreational red snapper
fishing season without exceeding the recreational quota. The rule will
also avoid angler confusion that otherwise could result from an
inadvertent in-season change in the bag limit. A delay in implementing
this action would result in unnecessary adverse impacts on those
entities dependent on the red snapper recreational fishery, including
the associated fishing communities. Accordingly, pursuant to 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 because the delay
associated with such procedures would be contrary to the public
interest.
Similarly, under 5 U.S.C. 553(d)(3), the AA finds for good cause
that a 30-day delay in the effective date of this rule would be
contrary to the public interest.
Because prior notice and an opportunity for public comment are not
required to be provided for this extension by 5 U.S.C. 553 or by any
other law, the analytical requirements of the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., are inapplicable.
Dated: June 17, 1999.
Penelope D. Dalton, Assistant Administrator for Fisheries, National
Marine Fisheries Service.
[FR Doc. 99-16085 Filed 6-23-99; 8:45 am]
BILLING CODE 3510-22-F
