[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Proposed Rules]
[Pages 42413-42415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20810]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 960807218-6218-01; I.D. 072996D]
RIN 0648-AG89
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 this proposed rule 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). The regulatory
amendment would increase the annual commercial quota for red snapper;
reopen the commercial red snapper fishery on September 15, 1996, to
allow harvest of the remainder of the 1996 quota; split the 1997
commercial quota between two seasons, the first beginning on February 1
with a quota of 3.06 million lb (m lb) (1.39 million kg (m kg)) and the
second beginning on September 15, 1997, with a quota equal to the
unharvested balance of the annual commercial quota; extend the
rebuilding schedule for red snapper; and increase the total allowable
catch (TAC) of red snapper. The intended effect of this proposed rule
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 August 30, 1996.
ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler,
Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
Requests for copies of the framework regulatory amendment, which
includes an addendum, environmental assessment, a regulatory impact
review (RIR), and an initial regulatory flexibility analysis (IRFA),
should be sent to the Gulf of Mexico Fishery Management Council, 5401
W. Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486.
FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the FMP. The FMP was prepared by the Council and is
implemented by regulations at 50 CFR part 622 under the authority of
the Magnuson Fishery Conservation and Management Act (Magnuson Act).
Disapproval of Proposed Size Limit Reductions
The regulatory amendment submitted by the Council would have
reduced the minimum size limit for red snapper taken under the
commercial quota from 15 inches (38.1 cm) to 14 inches (35.6 cm), and
eliminated the FMP's automatic size limit increase to 16 inches (40.6
cm) scheduled for January 1, 1998. Based on a preliminary evaluation of
the regulatory amendment, NMFS concluded that these proposed measures
are inconsistent with National Standard 1 of the Magnuson Act and the
agency's policy of risk-averse decision-making. National Standard 1
requires that conservation and management measures prevent overfishing.
The agency's risk-averse policy requires that NMFS give the benefit of
the doubt to conservation of the fishery resource in situations
involving scientific or other uncertainty about the effects of
management actions on the resource. Recovery of the red snapper stock
under the FMP's management program is contingent upon achieving a 50-
percent reduction in shrimp trawl bycatch of juvenile red snapper
beginning in 1997. In the absence of actually achieving the required
level of reduction of shrimp trawl bycatch mortality, NMFS concluded
that the proposed size limit measures could adversely affect rebuilding
of the stock. In addition, NMFS believes that the proposed size limit
measures may be inconsistent with
[[Page 42414]]
the Magnuson Act's National Standard 6, which states that conservation
and management measures shall take into account and allow for
variations among, and contingencies in, fisheries, fishery resources,
and catches. Accordingly, NMFS has disapproved these size limit
provisions and has not included them in this proposed rule.
Extension of the Red Snapper Recovery Schedule
The 1995 red snapper stock assessment, prepared by NMFS' Southeast
Fisheries Science Center, concluded that (1) the species lives longer
than previously believed (estimated now at up to 53 years rather 42
years), and (2) that the natural mortality rate is lower than
previously estimated (0.10 rather than 0.20). As a result of the
revised estimates of the natural life span and the natural mortality
rate, the estimate of generation time increased from 13.6 to 19.6
years. Based on these new scientific findings, and on the FMP's
specification of a recovery time period for the overfished red snapper
resource that cannot exceed 1.5 times the unfished generation time, the
Council has proposed to change the target date for recovery of the
resource from 2009 to 2019.
Red Snapper TAC
Based on a revised target year of 2019 for rebuilding the red
snapper stock and on other aspects of the 1995 red snapper stock
assessment, the Council's Reef Fish Stock Assessment Panel recommended
an allowable biological catch (ABC) range for red snapper of 6.00 to
10.00 m lb (2.63 to 4.38 m kg) assuming the shrimp trawl bycatch of
juvenile red snapper is reduced by at least 50 percent beginning in
1997. Based on the current technology of bycatch reduction devices, the
Council believes the required red snapper bycatch reductions can be
achieved in the required time frame. Based on the FMP's framework
procedure, the Council has selected a new red snapper TAC of 9.12 m lb
(4.13 m kg), which is within the revised ABC range as required by the
FMP.
NMFS has concerns regarding the proposed increase in the TAC since
the acceptable impacts of this measure on stock recovery depend upon
achieving the 50-percent red snapper bycatch reduction goal in 1997.
Comments on this aspect of the proposed TAC are specifically invited.
Commercial Quota, Season, and Recreational Allocation for Red
Snapper
Based on the FMP's 51:49 ratio for allocating between the
commercial and recreational fisheries, a TAC of 9.12 m lb (4.13 m kg)
would result in a commercial quota of 4.65 m lb (2.10 m kg) and a
recreational allocation of 4.47 m lb (2.03 m kg). The commercial
fishery is managed primarily based on a minimum size limit, an annual
quota enforced by a fishery closure when the quota is attained, and
specialized permitting provisions. The recreational fishery is managed
primarily by a minimum size limit and a daily bag limit. The proposed
recreational fishery allocation would not require any changes to the
current recreational bag limit of five red snapper per person per day
or the current minimum size limit of 15 inches (38.1 cm).
Without the regulatory amendment measures as proposed in this rule,
the commercial fishery would remain closed until January 1, 1997, the
start of the new fishing year. The Council proposes that NMFS reopen
the commercial fishery on September 15, 1996, to allow harvest of the
remainder of the increased 1996 quota (i.e., 1.59 m lb (0.72 m kg) to
be adjusted based on actual catches during the 1996 spring season).
In a related action, Amendment 13 to the FMP, the Council proposed
to extend the red snapper vessel permit endorsement and trip limit
system and suspend implementation of the red snapper individual
transferable quota (ITQ) system approved under Amendment 8. Without
suspension of the ITQ system, the commercial fishery for red snapper
would have to operate under the ITQ provisions that require issuance of
ITQ coupons to authorize harvest or possession of red snapper. As
explained in the proposed rule for Amendment 13 (61 FR 32422, June 24,
1996), NMFS is prohibited from implementing the ITQ system at this
time. Accordingly, the opening of the commercial fishery on September
15, 1996, under the provisions of this proposed rule is contingent on
implementation of Amendment 13 through final regulations effective on
or before September 15. NMFS approved Amendment 13 on August 9, 1996,
and expects to issue implementing final regulations shortly.
This rule also would split the 1997 commercial quota between two
seasons, the first beginning on February 1 with a quota of 3.06 m lb
(1.39 m kg) and the second beginning on September 15, 1997, to allow
harvest of the remainder of the total annual 4.65-m lb (2.11-m kg)
quota. The split seasons are designed to provide for harvest when
market demand for fresh fish is high. More stable prices are expected
under the split seasons, which would provide net economic benefits to
the fishery. The anticipated closed fishery period in 1997 is expected
to prevent commercial harvest of red snapper in Federal waters during
the May to September spawning season.
In the event of implementation of the ITQ system (or of any
alternative controlled access system) for the 1997 fishing year, the
Council intends that the split season for 1997 not be in effect.
Therefore, the provisions for a split season in 1997, as contained in
this rule, may be modified by future rulemaking in the event of
implementation of a controlled access system for the red snapper
commercial fishery.
Action on the Recommended Changes
The Council's recommended changes are within the scope of the
management measures that may be adjusted by the framework procedure
specified in the FMP. The Director, Southeast Region, NMFS, initially
concurs that the Council's recommended measures, except for the size
limit measures, are consistent with the objectives of the FMP, the
National Standards, and other applicable law. Accordingly, the
Council's recommended changes, except for the size limit measures, are
published for comment. Final determinations will be made following
review of all information and comments on the proposed rule.
Classification
This proposed rule has been determined to be not significant under
E.O. 12866.
The Council prepared an IRFA, as part of the RIR, which describes
the expected impacts of the proposed regulatory amendment measures on
small entities, if adopted. A copy of the RIR/IRFA is available from
the Council (see ADDRESSES). The IRFA is summarized as follows. The
proposed management measures directly affect all of the estimated 1,532
small businesses engaged in the commercial harvesting of red snapper as
well as the 838 charter vessels and 92 headboats in the for-hire
business. A substantial number of small business entities, therefore,
will be affected. The larger commercial fishery quota should result in
increased gross commercial harvesting revenues in excess of 5 percent.
The increased recreational fishery allocation should provide a
sufficient allowable catch to
[[Page 42415]]
avoid reductions in the current level of recreational fishery
participation, i.e., no changes should be necessary in the recreational
fishery bag limit. Charter vessel and headboat operators may not
experience increases in gross revenues with the increased recreational
fishery allocation; without the increased allocation, additional
recreational fishery restrictions would have been required. The
extension of the red snapper recovery period will have indirect, but
measurable, effects on fishing revenues or costs--such effects will be
the proximate result of the revised TAC. The delayed season should
slightly increase gross revenues for the commercial sector. While the
split-season is expected to result in increased revenues to the
fishery, the magnitude of such effects cannot be quantified at this
time. Nevertheless, the best estimate is that such effects will not
exceed 5 percent of gross revenues. Neither the commercial nor the
recreational sectors should incur increases in production costs or in
costs of complying with the regulations. Considering that the expected
impacts involve increases in gross revenues without increases in
operating or compliance costs, no existing businesses are expected to
cease operation as a result of this rule. Overall, the proposed actions
would have a positive and significant economic effect on a substantial
number of small business entities. This action does not revise existing
or establish any new reporting, recordkeeping, or other compliance
requirements. Disapproval of the proposed size limit measures does not
change these findings of the IRFA.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: August 9, 1996.
Gary Matlock,
Program Management Officer, 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) is added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(l) 1997 closure of the commercial fishery for red snapper. From
January 1 through 31, 1997, red snapper in or from the Gulf EEZ, and
each vessel for which a commercial permit for Gulf reef fish has been
issued, as required under Sec. 622.4(a)(2)(v), is subject to the bag
and possession limits, as specified in Sec. 622.39(b)(1)(iii) and
(b)(2), respectively, and to the prohibition on sale or purchase of red
snapper possessed under the bag limit, as specified in
Sec. 622.45(c)(1).
3. In Sec. 622.42, paragraph (a)(1) is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) Red snapper--4.65 million lb (2.11 million kg), round weight,
apportioned in 1996 and 1997 as follows:
(i) 3.06 million lb (1.39 million kg) available February 1, 1996,
and February 1, 1997; and
(ii) The remainder available September 15, 1996, and September 15,
1997.
* * * * *
[FR Doc. 96-20810 Filed 8-14-96; 8:45 am]
BILLING CODE 3510-22-F
