[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30445-30447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14473]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990527145-9145-01; I.D. 052199B]
RIN 0648-AM71
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Minimum Size Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule; request for comments and a notice of
closure.
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SUMMARY: NMFS issues an emergency interim rule to increase the minimum
size limit for red snapper in the exclusive economic zone (EEZ) of the
Gulf of Mexico from 15 inches (38.1 cm) to 18 inches (45.7 cm) for
persons subject to the bag limit, as requested by the Gulf of Mexico
Fishery Management Council (Council). In addition, NMFS closes the
recreational red snapper fishery in the EEZ of the Gulf of Mexico
effective 12:01 a.m., local time, August 29, 1999. The intended effect
of the increase in the minimum size limit is to reduce the rate of
harvest, and, thereby, extend the season for the recreational red
snapper fishery. NMFS believes that an extended season will increase
social and economic benefits from the red snapper fishery.
DATES: This rule is effective June 4, 1999 through 12:01 a.m., local
time, August 29, 1999. The closure of the recreational fishery for red
snapper in the EEZ of the Gulf of Mexico is effective 12:01 a.m., local
time, August 29, 1999, through December 31, 1999.
ADDRESSES: Comments on this emergency interim rule must be mailed to,
and copies of documents supporting this action may be obtained from,
the Southeast Regional Office, NMFS, 9721 Executive Center Drive N.,
St. Petersburg, FL 33702.
FOR FURTHER INFORMATION CONTACT: Roy Crabtree, 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
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 1996 revisions of the Magnuson-Stevens Act require NMFS to
close the Gulf of Mexico recreational red snapper fishery when the
recreational quota (currently 4.47 million lb)(2.03 million kg) is
caught. The recreational fishery was closed on November 27 in 1997 and
on September 29 in 1998. Under the existing 4-fish bag limit and 15-
inch (38.1-cm) minimum size limit, NMFS, using the length-based
simulation model (LSIM), projects that the 1999 quota will be caught on
August 4, 1999. Consequently, under the existing bag and minimum size
limits, the fishery would close at 12:01 a.m. on August 5, 1999. The
Council has requested an emergency increase in the minimum size limit
to reduce catch rates and extend the recreational season. The Council's
request is based on testimony by representatives of the for-hire
industry who believe that an extension of the season would benefit the
industry. The industry, using the LSIM, specifically requested that the
season be extended through August 28 by increasing the minimum size
limit to 18 inches. Further, the industry specifically requested no
decrease in the bag limit or increase in the minimum size limit beyond
18 inches due to a belief that such measures would significantly reduce
the number of recreational fishing trips on for-hire vessels.
The Council considered several options for extending the season,
including various reductions in the bag limit and various increases in
the minimum size limit. However, after reviewing the LSIM analysis, the
Council ultimately recommended an 18-inch (45.7-cm) size limit as the
best alternative for extending the season, the means most acceptable to
industry for extending the season through August 28, and a measure
supported by many red snapper recreational fishermen who have agreed to
comply voluntarily with an 18 inch size limit starting on June 1 until
an emergency rule can be implemented.
Using the LSIM, NMFS projects that with implementation of an 18-
inch (45.7-cm) minimum size limit in early June, implementation of the
proposed specifications currently under review that would establish a
zero-fish bag limit for captain and crew, and voluntary compliance by
many fishermen starting on June 1, the quota will be caught on or about
August 28, 1999. This action will have negligible biological effects on
the Gulf red snapper stock and will not adversely affect the current
rebuilding schedule for this overfished stock.
Accordingly, NMFS is increasing the minimum size limit to 18-inches
(45.7 cm) effective on June 4, 1999 through 12:01 a.m., local time, on
August 29, 1999. The Gulf of Mexico recreational red snapper fishery
will close at 12:01 a.m., local time, on August 29, 1999, and remain
closed through December 31, 1999.
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. Also, it 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.
Recent, Unforeseen Events or Recently Discovered Circumstances
The Council, at its May 10-13, 1999, meeting, learned that if no
action was taken, the projected closing date for the 1999 recreational
red snapper season is August 5. This closure would result in roughly a
5-month closed season for the remainder of 1999. When combined with the
proposed January-February closure from the red snapper regulatory
amendment, the recreational red snapper fishery has the potential to be
closed for nearly 7 consecutive months. For this action to be effective
in reducing the rate of harvest, extending the fishing season, and
preventing some of the potential economic hardships and disruptions to
the recreational red snapper fishery, it should be implemented in early
June. To be effective by then, an emergency interim rule is needed.
Immediate Benefits
A closure of the recreational fishing season for 5, or possibly 7
months, is a
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substantial foregone economic opportunity. This closure could
conceivably disrupt not only charter and headboat operators, but the
entire coastal tourist industry, as well as recreational fishermen who
arrange fishing vacations months in advance. Such a lengthy closure
could cause some charter and tourist-related businesses to cease
operations permanently. The shortened season has the potential for
adverse social impacts on communities dependent on recreational for-
hire vessels. The loss of recreational fishing-related employment
opportunities during the closure affects not only the vessel operators,
but also deckhands, marinas, and such tourist-related businesses as
hotels and restaurants. Due to the uncertainty over whether the
recreational red snapper season will be open, potential fishers may
decide not to plan a fishing vacation along the Gulf coast. Thus, the
minimum size limit increase, and the resulting extended season, has
immediate benefits that outweigh the value of prior notice, opportunity
for public comment, and deliberative consideration under the normal
rulemaking process.
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 recreational fishery for red snapper. 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 significant
for purposes of E.O. 12866.
NMFS prepared an economic evaluation of the regulatory impacts
associated with this emergency interim rule, which is summarized as
follows.
Assuming that anglers do not cancel their fishing trips in response
to the increase to an 18-inch (45.7-cm) minimum size limit and that
anglers are not able to replace previously legal smaller fish with fish
18 inches (45.7 cm) or longer, and compatible regulations are in effect
in state waters by July 15, 1999, this emergency interim rule will
allow approximately 24 additional fishing days in August, producing a
projected closure at 12:01 a.m., local time, August 29, 1999. These
additional fishing days will allow an additional 56,000 angler trips to
harvest red snapper, of which 29,000 (53 percent) are for-hire angler
trips. These additional trips equal a 14-percent increase in red
snapper angler effort over the status quo level of effort.
The regulatory changes proposed by this rule would be applicable to
angling activities in the EEZ. Typically, regulations in state
jurisdictional waters are adjusted to match those of the EEZ in order
to simplify the regulatory environment and to achieve the maximum
benefit of the measures. Due to the differing procedural requirements
each state must undertake in order to implement new fishery management
regulations, however, it may not be possible for all states to adopt
compatible regulations under the time frame established by this rule.
Thus, it is possible that the red snapper recreational fishery could
continue to operate in some areas under a 15-inch (38.1-cm) minimum
size limit for some portion of June through the remaining open season.
The legal minimum size limit for red snapper has been 15 inches
(38.1 cm), total length, since the beginning of the 1995 fishing
season. From 1995 through 1998, approximately 80 percent of the red
snapper harvested by charter and private/rental boats combined were
under 18 inches (45.7 cm) (individually, 82 percent for charter boats
and 70 percent for private/rental boats), while 66 percent of headboat
red snapper have been under 18 inches (45.7 cm). These rates are likely
influenced to some degree by responsible angling through cessation of
effort once the bag limit has been achieved, i.e., no highgrading.
However, 75 percent of charter and private/rental anglers who caught
red snapper, landed fewer than the 5-fish bag limit during 1995-97,
while 56 percent landed fewer than the 4-fish bag limit in 1998. This
strongly suggests that the 15-inch (38.1-cm) minimum size limit is
effective in restricting harvest and that increasing the minimum size
limit to 18 inches (45.7 cm) will further restrict it.
With a 15-inch (38.1 cm) minimum size limit, approximately 165,000
red snapper angler trips would be expected to occur from June 1 through
August 4. It is likely that some anglers will cancel their trips
because of the minimum size increase given their inability to catch the
bag limit under the less restrictive 15-inch (38.1 cm) size limit.
However, what portion of the trips will be canceled is unknown. Given
that some trips will be canceled, the full benefits in terms of
additional trips of extending the season are not likely to materialize.
Further, the inability to monitor precisely the in-season harvest, to
determine the reductions in harvest rate due to trip cancellation,
means that the season cannot be further lengthened in response to any
reduced harvest rate.
Further loss in fishing benefits will accrue as a result of this
rule to those anglers who, while continuing to fish for red snapper,
are no longer able to harvest previously legal fish and thus have lower
quality or less successful fishing trips. Additionally, anglers who
continue to fish but switch their efforts to other species will also
experience a loss in fishing benefits since it can be assumed that
their previous choice of red snapper was due to higher perceived
benefits associated with that species.
Insufficient data exist at this time with which to estimate the
rates of trip cancellation or target substitution, the changes in value
associated with additional or reduced quality red snapper trips, or the
changes in value associated with substitute target trips. To the degree
that the number of trips gained exceeds the number canceled, however,
the for-hire businesses will experience an increase in producer surplus
(profits). With respect to the recreational angler, however, while it
is assumed that the value gained associated with any additional trip
taken, regardless of the fishing quality received, exceeds the loss in
value associated with a reduced quality or substitute target fishing
trip, it is not possible to determine whether total trips gained will
exceed the total trips canceled or whether the combined value (consumer
surplus) of trips gained will exceed that lost across all lower quality
trips. Thus, fishery-wide, considering total economic value in the form
of both consumer and producer surplus, it is not possible to estimate
the net economic effect of this rule. However, based on testimony by
for-hire industry representatives requesting the minimum size increase
to 18 inches to extend the season through August 28, the Council and
NMFS assume that the net economic impact will be positive.
This 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 increase the red snapper minimum size
limit from 15 inches (38.1 cm) to 18 inches (45.7 cm) for persons
subject to the bag limit, 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
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the red snapper recreational fishery, including the associated fishing
communities. An increase in the minimum size limit is expected to slow
the rate of harvest, extend the fishing season, and allow recreational
fishers to harvest the available quota during the period, which should
increase 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 30-day delay in
the effective date of this rule would be contrary to the public
interest. NMFS will advise the affected public of the effective date of
this rule through timely distribution of news releases and immediate
broadcasts over NOAA weather radio.
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.
Dated: June 3, 1999.
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. 622.37, paragraph (d)(3) is suspended and paragraph
(d)(7) is added to read as follows:
Sec. 622.37 Minimum sizes.
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(d) * * *
(7) Red snapper--18 inches (45.7 cm), TL, for a fish taken by a
person subject to the bag limit specified in Sec. 622.39 (b)(1)(vi) and
15 inches (38.1 cm), TL, for a fish taken by a person not subject to
the bag limit.
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[FR Doc. 99-14473 Filed 6-3-99; 12:43 pm]
BILLING CODE 3510-22-F
