[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Proposed Rules]
[Pages 34756-34758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16519]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990506119-9119-01; I.D. 040799B]
RIN 0648-AM66
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: Proposed rule; request for comments.
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SUMMARY: NMFS issues proposed regulations to implement certain
provisions of a regulatory amendment prepared by the Gulf of Mexico
Fishery Management Council (Council) in accordance with framework
procedures for adjusting management measures of the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). These
proposed regulations would set the opening date of the recreational red
snapper fishing season at March 1, beginning with the
[[Page 34757]]
2000 fishing year; establish a 4-fish recreational red snapper bag
limit with a 0-fish bag limit for captain or crew of a charter vessel
or headboat; and change the openings of the fall red snapper commercial
season from the first 15 days of each month to the first 10 days of
each month, beginning September 1 each year. The intended effect of
these proposed regulations is to maximize the economic benefits from
the red snapper resource within the constraints of the rebuilding
program for this overfished resource.
DATES: Written comments must be received on or before July 14, 1999.
ADDRESSES: Comments on the proposed rule must be sent to Dr. Roy E.
Crabtree, Southeast Regional Office, NMFS, 9721 Executive Center Drive
N., St. Petersburg, FL 33702.
Requests for copies of the framework regulatory amendment, which
includes an environmental assessment, and a regulatory impact review
(RIR), should be sent to the Gulf of Mexico Fishery Management Council,
3018 U.S. Highway 301 North, Suite 1000, Tampa, FL 33619-2266; Phone:
813-228-2815; Fax: 813-225-7015; E-mail: gulf.council@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree, 727-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the EEZ of the Gulf
of Mexico is managed under the 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.
The Council has proposed adjusted management measures (regulatory
amendment) for the Gulf red snapper fishery for NMFS' review, approval,
and implementation. These measures were developed and submitted to NMFS
under the terms of the FMP's framework procedure for annual adjustments
in total allowable catch and related measures for the red snapper
fishery (framework procedure). The proposed regulations would implement
the measures contained in the Council's regulatory amendment except for
a proposed measure to reduce the minimum size limit for red snapper
from 15 to 14 inches. NMFS previously disapproved this measure (see
below).
Background
The Council requested that NMFS implement the measures in its
proposed regulatory amendment through emergency action because the
proposed recreational season, size limit, and bag limit measures could
not be implemented by proposed and final regulations before the
automatic opening of the recreational fishery on January 1, 1999. NMFS
implemented the 4-fish bag limit via emergency interim rule (63 FR
72200, December 31, 1998), as requested, to slow the rate of harvest,
avoid angler confusion, and address emergency conditions in the
fishery. NMFS did not implement the requested 0-fish bag limit for
captain and crew, size limit change, or seasonal delay via emergency
interim rule. NMFS analyses showed that benefits from emergency
implementation of these measures were not sufficient to justify the
associated loss of opportunity for prior notice and public comment.
The Council submitted a proposed regulatory amendment that would
reduce the minimum size limit (size limit) for red snapper from 15
inches to 14 inches (38 cm to 36 cm) (total length) for persons fishing
under the recreational or commercial quotas. NMFS has disapproved this
measure based on national standard 2 of the Magnuson-Stevens Act and
has returned this measure to the Council, as provided for by the Reef
Fish FMP framework procedure. The proposed minimum size limit reduction
provides no clear economic or biological benefits. NMFS analyses
suggest that reducing the minimum size limit from 15 inches to 14
inches would shorten the recreational season by about 7 days, with
little or no corresponding benefit to the stock.
Seven Council members signed a minority report opposing the 14-inch
(36-cm) size limit and the 0-fish bag limit for captain and crew. One
Council member signed a second minority report opposing the 0-fish bag
limit for captain and crew.
Recreational Season Delay
The Council proposes to delay the opening date of the recreational
season from January 1 to March 1. The Council recommends this change
based on the preponderance of public testimony that this closure period
would be the least disruptive to the fishery. The purpose of this
change is to extend the fishing season further into the fall; however,
NMFS analyses suggest that the 2-month delay would only extend the
season an additional 15 days. The proposed delay would close the
fishery in January and February, resulting in an estimated net loss of
12,000 angler trips, including 3,600 trips in the for-hire sector. The
number of lost trips is expected to be greatest in the western Gulf off
Texas. At its January 1999 meeting, the Council reviewed the NMFS
economic analyses. Charter vessel and headboat operators from the
northern and eastern Gulf reiterated their belief that the benefits of
the extended fall season resulting from the March 1 opening outweigh
the adverse effects of decreasing the total number of fishing trips per
year. This testimony may not be representative of the affected Gulf-
wide recreational sector; public comment on this aspect of the proposed
rule is needed to better evaluate this issue.
Proposed Bag Limit Measures
To prolong the recreational season, the Council recommends a 0-fish
bag limit for captain and crew of for-hire vessels and a continuation
of the 4-fish limit for all other persons subject to the bag limit
provision (currently in effect for all such persons through June 29,
1999, via emergency interim rule (63 FR 72200, December 31, 1998)).
NMFS analyses suggest that the 4-fish bag limit will extend the
duration of the recreational season beyond that achieved with a 5-fish
bag limit. Industry participants have suggested that four fish is the
minimum bag limit that would continue to attract for-hire customers.
Analyses of the 0-fish bag limit for captain and crew suggest that the
extension of the season resulting from this measure would be only 5
days or less. The Council considered this measure in combination with
other proposed changes and concluded this measure would significantly
extend the recreational season. Two Council minority reports question
the fairness and equity of this measure and its disproportionate effect
on for-hire vessels that carry few customers. These minority reports
state that the Council approved the measure without any scientific
analysis; however, the Council was provided the Socioeconomic Panel's
analyses of the effect of the 0-fish bag limit for captain and crew.
Additional public comment on these issues is needed.
Commercial Fall Season Adjustment
The regulations implementing FMP Amendment 15 restricted the red
snapper commercial harvest to the first 15 days of the month for each
of the annual fishing seasons beginning February 1 and September 1.
These monthly harvest periods were intended to benefit the fishery by
extending the length of the commercial fishing season and stabilizing
market prices. Based on more recent public testimony, the Council
concluded that the industry would benefit from a reduction in the
duration of the monthly open periods from 15 days to 10 days in the
fall season. The intent of this action is to stabilize ex-vessel
prices.
[[Page 34758]]
Classification
This proposed rule has been determined to be significant for
purposes of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce has
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
as follows:
The Council prepared an RIR that describes the economic outcomes
of the measures in the proposed rule. The proposed measure to reduce
the recreational bag limit from 5 to 4 fish, plus a 0-fish bag limit
for captain and crew of for-hire vessels, is expected to reduce the
projected rate of recreational harvest, potentially reduce the
angler's economic value per trip, and reduce the benefits of captain
and crew. Such reductions would be compensated for by extending the
season by about 4 weeks later in the year. Given certain
assumptions, this measure would increase the benefits to both
anglers and for-hire vessels, but the available data do not allow
the appropriate calculations to be made. Postponing the opening of
the recreational fishery from January 1 to March 1 would allow the
fishery to remain open for 15 days more in the fall. Even though the
extension of the season is viewed as a desirable result, this
extension will be accompanied by a small reduction in the expected
total number of angler trips because more trips will be foregone
during January and February than will be gained later in the season.
Hence, the overall economic effect of postponing the season is
expected to be negative by a small but unknown amount. The proposed
reduction in fishing time from 15 days to 10 days for each open
month in the fall commercial red snapper season is expected to
achieve minimal but positive revenue effects. This result is
expected because the shorter open periods each month will lessen the
probability of supply gluts when red snapper markets are relatively
weak in the fall season. The RIR found that the proposed regulations
will not be significant under E.O. 12866. The RIR also estimated
that the government costs of developing the rule were $40,500, and
there are no expected increased costs of monitoring, enforcement or
reporting.
The Council also determined, and NMFS concurs, that there will
not be a significant impact on the estimated 1,626 reef fish permit
holders who can legally engage in the commercial harvest of red
snapper or operate for-hire businesses and can legally catch red
snapper under the recreational bag limit. These permit holders are
all classified as small entities. This determination was based on a
finding that none of the measures are expected to directly reduce
gross revenues of commercial or for-hire vessels, that no production
cost increases are expected, that no differential small versus large
firm impacts are expected, that there are no expected changes in
capital costs of complying with the proposed rule, and that no small
entities would be expected to cease business if the proposed rule is
implemented.
Based on the findings summarized above, the Council concluded that
the proposed rule would not have a significant impact on a substantial
number of small business entities, and a regulatory flexibility
analysis was not prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 23, 1999.
Andrew A. Rosenberg,
Deputy Asst. 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. 622.34, paragraph (l), currently suspended through June
29, 1999, is revised to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(l) 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 until
the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until noon
on September 1, whichever occurs first. Starting in September, 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)(iii) 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, the limit for such possession during a closed
period is zero.
* * * * *
3. In Sec. 622.39, paragraph (b)(1)(iii), currently suspended
through June 29, 1999, is revised to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(iii) Red snapper--4, except that for an operator or member of the
crew of a charter vessel or headboat, the bag limit is 0.
* * * * *
4. In Sec. 622.42, paragraph (a)(2) is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(2) Recreational quota for red snapper. The following quota applies
to persons who harvest red snapper other than under commercial vessel
permits for Gulf reef fish and the commercial quota specified in
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg),
round weight. Beginning January 1, 2000, this quota becomes available
on March 1 each year.
* * * * *
[FR Doc. 99-16519 Filed 6-28-99; 8:45 am]
BILLING CODE 3510-22-F
