[Federal Register Volume 64, Number 127 (Friday, July 2, 1999)]
[Proposed Rules]
[Pages 35981-35984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16916]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990625173-9173-01; I.D. 033199C]
RIN 0648-AL57
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 16B
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 this proposed rule to implement Amendment 16B to
the Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP). This proposed rule would establish size limits for banded
rudderfish, lesser amberjack, cubera snapper, dog snapper, mahogany
snapper, mutton snapper, schoolmaster, scamp, gray triggerfish, and
hogfish; exclude banded rudderfish, lesser amberjack, and hogfish from
the 20-fish aggregate (combined) reef fish bag limit; establish new bag
limits for hogfish, speckled hind, warsaw grouper, and for banded
rudderfish and lesser amberjack combined; and remove queen triggerfish
from the listing of Gulf reef fish and from the applicable regulations.
The intended effect of this rule is to conserve and manage the reef
fish resources of the Gulf of Mexico.
DATES: Written comments must be received on or before August 16, 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 Amendment 16B, which includes an
environmental assessment, and a regulatory impact review (RIR) 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; E-mail: gulf.council@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree at 727-570-5305;
Fax: 727-570-5583.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the 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.
Amendment 16B establishes more conservative bag and size limits for
several reef fish species and improves consistency with Florida's
regulations, thereby improving enforcement.
Measures for Minor Amberjack Species
The word ``minor'' used by the Council in the FMP is not intended
to reflect on the significance of these measures but instead to refer
to the species banded rudderfish and lesser amberjack. A 1996 NMFS
stock assessment suggests that the number of young greater amberjack
has decreased steadily since 1991. In addition, anecdotal information
from anglers along Florida's Gulf coast suggests that greater amberjack
have decreased in size and abundance in recent years. In response to
this information, the Council developed Amendment 12 to the FMP that
established a 1-fish bag limit for greater amberjack and Amendment 15
to the FMP that established a seasonal closure of the commercial
fishery. Under the FMP, greater amberjack are also subject to minimum
size limits of 28 inches (71.1 cm) fork length for the recreational
fishery and 36 inches (91.4 cm) for the commercial fishery.
Juvenile greater amberjack, lesser amberjack, and banded rudderfish
are difficult for the public to distinguish; consequently,
misidentified juvenile greater amberjack may be landed as lesser
amberjack or banded rudderfish, species that are currently unregulated.
Therefore, the Council believes that additional protection for juvenile
greater amberjack is warranted. The intent of this rule is to reduce
the harvest of misidentified juvenile greater amberjack by limiting the
harvest of these minor amberjack species.
The Council proposed in FMP Amendment 12 to apply an aggregate bag
limit and a minimum size limit of 28 inches (71.1 cm) to greater
amberjack, lesser amberjack, and banded rudderfish. These proposed
[[Page 35982]]
measures would have effectively eliminated the recreational harvest of
banded rudderfish and lesser amberjack because these species rarely, if
ever, reach 28 inches (71.1 cm). Although the Council did not present
this aspect of the measures as a deliberate, direct allocation, it
would have operated as the functional equivalent of a direct allocation
because the effect of the measures would have been to shift the
allocation of these species from principally recreational to entirely
commercial. NMFS, considering this allocation unfair and inequitable,
disapproved this portion of Amendment 12 based on national standard 4
of the Magnuson-Stevens Act, which requires that allocations of fishing
privilege be fair and equitable to all fishermen.
Amendment 16B proposes new bag and size limits that should reduce
the harvest of banded rudderfish, lesser amberjack, and misidentified
greater amberjack while continuing to allow a limited recreational
harvest of banded rudderfish and lesser amberjack. The proposed rule
would (1) establish a ``slot limit'' of 14 inches (35.6 cm) (minimum)
to 22 inches (55.9 cm) (maximum) fork length for the commercial and
recreational harvest of banded rudderfish and lesser amberjack and (2)
establish a 5-fish aggregate bag limit for banded rudderfish and lesser
amberjack and exclude both species from the 20-fish aggregate reef fish
bag limit.
Species Not Listed in the Management Unit
Since its inception, the FMP has included two lists of reef fishes:
one of species in the management unit and another of species in the
fishery but not included in the management unit. The establishment of a
list of species in the fishery not to be included in the management
unit was originally intended for data collection purposes only;
however, the existence of two lists has created confusion regarding
which species are subject to the FMP's management measures and
implementing regulations. Amendment 16B would eliminate the distinction
in the FMP between these two lists and create a single list of
``species in the reef fish FMP,'' which identifies the FMP's reef fish
management unit species. Sand perch, dwarf sand perch, queen
triggerfish, and hogfish are the only four reef fish species that are
currently considered by the FMP to be species in the fishery but not in
the management unit. Amendment 16B would include hogfish, dwarf sand
perch, and sand perch in the FMP's management unit and remove queen
triggerfish from the FMP and from the regulations implementing the FMP.
This would allow Florida to regulate vessels registered in the State of
Florida and fishing for queen triggerfish in the exclusive economic
zone (EEZ) under Florida's more conservative management measures.
Although queen triggerfish are found throughout the Gulf of Mexico,
they are abundant only off Florida and are seldom landed outside
Florida.
Size and Bag Limits Compatible with Florida's Regulations
Florida has established bag and size limits on several reef fish
species for which there are either no corresponding limits in the EEZ
or the Federal limits differ from the State limits. In response to a
request from the Florida Marine Fisheries Commission (Commission) that
the Council consider implementing size and bag limits consistent with
those in Florida's waters, the Council proposes new consistent bag and
size limits. In a November 3, 1994, letter, the Commission provided
biological information that formed the basis for its request of
Council. Based on the best scientific information available and on the
precautionary approach to fisheries management, the Council believes
that there is a need for greater protection for these species. The
Council concluded that bag and size limits compatible with Florida's
would be the most effective means of achieving this greater protection
because compatible regulations would facilitate compliance and
enforcement. Furthermore, the Council observes that, with the possible
exception of gray triggerfish, Florida accounts for most of the
recreational and commercial landings of these species. The Council
believes that the proposed 12-inch (30.5-cm) minimum size limit for
gray triggerfish is needed to respond to increasing effort directed
toward the species and to anecdotal information that the stocks off
Florida are declining and in need of regulation. The Council's belief
is based on information provided by the Florida Marine Fisheries
Commission and by a NMFS' assessment prepared for the South Atlantic
Fishery Management Council.
The proposed rule would establish the following minimum size
limits: Cubera snapper (12 inches (30.5 cm), total length (TL)); dog
snapper (12 inches (30.5 cm), TL); mahogany snapper (12 inches (30.5
cm), TL); schoolmaster (12 inches (30.5 cm), TL); mutton snapper (16
inches (40.6 cm), TL); scamp (16 inches (40.6 cm), TL); gray
triggerfish (12 inches (30.5 cm), TL); and hogfish (12 inches (30.5
cm), fork length). In addition, the proposed rule would establish a 5-
fish bag limit for hogfish, exclude hogfish from the 20-fish aggregate
reef fish bag limit, and clarify that sand perch and dwarf sand perch
are excluded from the 20-fish aggregate bag limit. Sand perch and dwarf
sand perch are often used as bait, and no evidence exists to suggest
their stocks are in need of management.
Speckled Hind and Warsaw Grouper
The NMFS Office of Protected Resources has added speckled hind and
warsaw grouper to the list of candidates for possible listing as
threatened or endangered under the Endangered Species Act. Candidate
status does not afford any additional protection for a species, but it
does reflect a significant level of concern regarding a species'
status. The proposed rule would establish a recreational bag limit of
one speckled hind and one warsaw grouper per vessel. These new
restrictions also would prohibit the sale of these species by the
recreational sector because the FMP and existing regulations prohibit
the sale of all reef fish subject to bag limits. The commercial harvest
of warsaw grouper and speckled hind would continue and be limited by
the deep-water grouper quota. The Council believes that, because warsaw
grouper and speckled hind are usually caught in relatively deep water,
the mortality rate of released fish is high; consequently, closure of
the fishery would provide little additional protection. Furthermore,
the Council believes that, because commercial vessels do not target
these species and because the Council's intent is to eliminate targeted
fishing of these species, additional restrictions on the commercial
fishery are not needed.
Additional background and rationale for the measures discussed here
are contained in Amendment 16B, the availability of which was announced
in the Federal Register on April 14, 1999 (64 FR 18395). Written
comments on Amendment 16B are solicited and must be received by June
14, 1999. Comments that are received by June 14, 1999, whether
specifically directed to the amendment or the proposed rule, will be
considered by NMFS in its approval/disapproval decision on Amendment
16B. Comments received after that date will not be considered in the
approval/disapproval decision. All comments received on Amendment 16B
or on this proposed rule during their respective comment periods will
be addressed in the preamble to the final rule.
[[Page 35983]]
Classification
At this time, NMFS has not determined that the amendment that this
proposed rule would implement is consistent with the national standards
of the Magnuson-Stevens Act and other applicable laws. NMFS, in making
that determination, will take into account the data, views, and
comments received during the comment period on Amendment 16B.
This proposed rule has been determined to be not 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 Gulf of Mexico Fishery Management Council (Council) prepared
a Regulatory Impact Review (RIR) indicating that the proposed
actions in Amendment 16B are not significant under E.O. 12866. The
Council also determined, and NMFS concurs, that the proposed actions
will not result in a significant impact on a substantial number of
small entities. From an overall viewpoint, the RIR indicates that
the measures will result in short-term commercial revenue losses
that are minor but only partially quantified. The entities that will
be affected by the proposed regulations consist of about 1,500
commercial reef fish vessels with permits and about 900 for-hire
(charterboat and headboat) vessels with permits. All of these firms
qualify as small business entities according to the Small Business
Administration definitions. Because of the large number of species
involved in the proposed regulations, it is clear that over 20
percent of the small entities engaged in commercial and for-hire
businesses that have a dependency on the reef fish fishery will be
impacted to some degree by the regulations in aggregate. However,
the degree of impact will be small as is shown in the following
discussion.
The annual aggregate reef fish gross revenues produced by the
commercial harvesters is about $45 million. Although there is no
definitive information available regarding the gross revenues
generated by the for-hire businesses, an estimate can be obtained by
assuming that these 900 businesses conduct an average of about 250
trips per year at an average cost to the customers of about $500 per
trip. These estimates are considered to be reasonable, and if so,
the aggregate annual gross revenues for the for-hire businesses
would exceed $100 million. In any event, the size of gross revenue
generated by the for-hire businesses is comparable to revenues
generated by the commercial harvesters.
It is proposed that a slot size limit of 14 inches minimum and
22 inches maximum be set for banded rudderfish and lesser amberjack.
This slot limit would likely reduce the annual level of commercial
catches because a small portion of the historical catch is known to
exceed 22 inches. Although the exact amount of the reduction cannot
be estimated due to a lack of data, it is known that the total
annual commercial revenue for the two species combined is about
$62,000. Hence, even if these species were totally excluded from the
commercial catch, and they will not be, the maximum effect would be
a reduction in reef fish revenues of about one tenth of one percent.
The for-hire fishery also lands banded rudderfish and lesser
amberjack, but data regarding the poundage involved are not
conclusive. For example, the 1993 data indicate that up to 200,000
pounds may have been landed by the for-hire sector, but data for
1995 and 1996 indicate that current landings are less than 10,000
pounds per year. This may be explainable since the various amberjack
species are very similar and the early data may include a large
poundage of misidentified juvenile greater amberjack. Assuming that
the more recent data are the most reliable because greater efforts
toward species identification have been made recently, then the
potential impacts on the for hire fishery are very small. Further,
available data indicate that most of the for-hire catch currently
falls within the proposed slot limit. Hence, available information
indicates only a very small, but not fully quantified, effect on the
for-hire sector. A 5-fish recreational bag limit is proposed for
banded rudderfish and lesser amberjack. Recreational catch data
collected since 1993 indicate that catches of banded rudderfish or
lesser amberjack have never exceeded 3 fish per trip. Hence, the
economic impact on the for-hire businesses is expected to be
negligible.
The proposal to establish minimum size limits for cubera
snapper, dog snapper, mahogany snapper, mutton snapper,
schoolmaster, scamp, gray triggerfish and hogfish are proposed in
order to bring Federal rules into compliance with size rules
established by the state of Florida where most of the catch of these
species occurs. With an exception in the case of scamp, these
species are rarely caught in Federal waters. The proposed minimum
size for scamp is 16 inches and because most of the catch of scamp
in Federal waters consists of fish over 16 inches, the impact is
expected to be very small. Another proposal will establish a 5-fish
recreational bag limit for hogfish. The bulk of the recreational
take of hogfish is by private recreational fishermen using
spearguns; the for-hire industry accounts for only 1-3 percent of
the total catch. Further, the catch of hogfish by any individual
angler on a for-hire trip rarely exceeds five fish. Hence, the
economic impact is expected to be negligible.
There is also a provision for a 1-fish bag limit for speckled
hind and warsaw grouper. These species are thought to be highly
overfished, and the current recreational catch of these two species
is very small. The bag limits are proposed just as a precautionary
measure in the event any particular angler might encounter an
extraordinary assemblage of either species and the impact, if any,
will be very small.
The provision to exclude banded rudderfish, lesser amberjack and
hogfish from an existing 20-fish bag limit for species not otherwise
regulated by a bag limit is being done for administrative purposes
because these species will come under bag limits established by
other proposals already discussed. Hence, this particular proposal
has no impact.
The provision to remove queen triggerfish from the Reef Fish
Fishery Management Plan is being suggested because the species is
considered to be an ornamental species that is not normally targeted
by commercial or recreational fishermen in Federal waters. The
effect of the proposed regulation is to allow the state of Florida,
which has jurisdiction for ornamental species, to enforce their
existing laws with respect to catches that may occur in Federal
waters. In any event, this species is rarely taken in Federal
waters, and the expected economic impact is near zero.
The foregoing discussion establishes that the expected economic
impacts of the proposed measures is very minor in the individual
sense and in the aggregate. Hence, it is clear that there will not
be a significant economic impact on a substantial number of small
business entities engaged in the commercial harvesting of reef fish
nor on the for-hire industry entities that depend on reef fish
species for their livelihood.
As a result, 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 28, 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
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, the last sentence in paragraph (g)(1) is revised
to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(g) * * *
(1) * * * The provisions of this paragraph do not apply to the
following species: dwarf sand perch, hogfish, and sand perch.
* * * * *
3. In Sec. 622.37, the section heading, introductory text, and
paragraph (d) are revised to read as follows:
[[Page 35984]]
Sec. 622.37 Size limits.
All size limits in this section are minimum size limits unless
specified otherwise. Except for undersized king and Spanish mackerel
allowed in paragraphs (c)(2) and (c)(3) of this section, a fish not in
compliance with its size limit, as specified in this section, in or
from the Caribbean, Gulf, South Atlantic, and/or Mid-Atlantic EEZ, as
appropriate, may not be possessed, sold, or purchased. A fish not in
compliance with its size limit must be released immediately with a
minimum of harm. The operator of a vessel that fishes in the EEZ is
responsible for ensuring that fish on board are in compliance with the
size limits specified in this section.
* * * * *
(d) Gulf reef fish--(1) Snapper. (i) Lane snapper--8 inches (20.3
cm), TL.
(ii) Vermilion snapper--10 inches (25.4 cm), TL.
(iii) Cubera, dog, gray, mahogany, and yellowtail snappers and
schoolmaster--12 inches (30.5 cm), TL.
(iv) Red snapper--15 inches (38.1 cm), TL.
(v) Mutton snapper--16 inches (40.6 cm), TL.
(2) Grouper. (i) Scamp--16 inches (40.6 cm), TL.
(ii) Black, red, and yellowfin groupers and gag--20 inches, (50.8
cm), TL.
(3) Other Gulf reef fish species. (i) Gray triggerfish--12 inches
(30.5 cm), TL.
(ii) Hogfish--12 inches (30.5 cm), fork length.
(iii) Banded rudderfish and lesser amberjack--14 inches (35.6 cm),
fork length (minimum size); 22 inches (55.9 cm), fork length (maximum
size).
(iv) Greater amberjack--28 inches (71.1 cm), fork length, for a
fish taken by a person subject to the bag limit specified in
Sec. 622.39(b)(1)(i); and 36 inches (91.4 cm), fork length, for a fish
taken by a person not subject to the bag limit.
* * * * *
4. In Sec. 622.39, the second and third sentences of paragraph
(a)(1), and paragraphs (b)(1)(ii), (b)(1)(v), and (b)(2) are revised;
and paragraphs (b)(1)(vii) and (b)(1)(viii) are added to read as
follows:
Sec. 622.39 Bag and possession limits.
(a) * * *
(1) * * * Unless specified otherwise, bag limits apply to a person
on a daily basis, regardless of the number of trips in a day. Unless
specified otherwise, possession limits apply to a person on a trip
after the first 24 hours of that trip. * * *
* * * * *
(b) * * *
(1) * * *
(ii) Groupers, combined, excluding jewfish and Nassau grouper--5
per person per day, but not to exceed 1 speckled hind and 1 Warsaw
grouper per vessel per day.
* * * * *
(v) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i) through (b)(1)(iv) and paragraphs (b)(1)(vi)
through (b)(1)(viii) of this section and excluding dwarf sand perch and
sand perch--20.
* * * * *
(vii) Banded rudderfish and lesser amberjack, combined--5.
(viii) Hogfish--5.
(2) Possession limits. A person, or a vessel in the case of
speckled hind or Warsaw grouper, on a trip that spans more than 24
hours may possess no more than two daily bag limits, provided such trip
is on a vessel that is operating as a charter vessel or headboat, the
vessel has two licensed operators aboard, and each passenger is issued
and has in possession a receipt issued on behalf of the vessel that
verifies the length of the trip.
* * * * *
Table 3 of Appendix A to Part 622 [Amended]
5. In Table 3 of Appendix A to Part 622, the entry, ``Queen
triggerfish, Balistes vetula'', is removed.
[FR Doc. 99-16916 Filed 7-1-99; 8:45 am]
BILLING CODE 3510-22-F
