[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)]
[Proposed Rules]
[Pages 43215-43217]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21260]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 950810206-6225-05; I.D. 070296D]
RIN 0648-AG29
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Amendment 12
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 Amendment 12 to the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). Amendment 12 would reduce the
minimum size limit for red snapper harvested in the commercial fishery
and eliminate a scheduled, automatic size limit increase for the
commercial red snapper fishery in 1998; establish a minimum size limit
for banded rudderfish and lesser amberjack taken under the bag limits;
establish a bag limit for banded rudderfish, greater amberjack, and
lesser amberjack, combined, of one fish; and establish a 20-fish
aggregate bag limit for reef fish species for which there are no other
bag limits. Based on a preliminary evaluation of Amendment 12, NMFS
disapproved the minimum size limit measures for red snapper harvested
in the commercial fishery because those measures were determined to be
inconsistent with the Magnuson Fishery Conservation and Management Act
(Magnuson Act). The proposed rule would implement the remaining
measures in Amendment 12. The intended effects of the proposed rule are
to provide additional protection for greater amberjack, lesser
amberjack, and banded rudderfish, conserve reef fish, and enhance
enforceability of the regulations.
DATES: Written comments must be received on or before September 30,
1996.
ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler,
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St.
Petersburg, FL 33702.
Requests for copies of Amendment 12, which includes an
environmental assessment and a regulatory impact review (RIR), should
be sent to the Gulf of Mexico Fishery Management Council, 5401 West
Kennedy Boulevard, Suite 331, Tampa, FL, 33609, PHONE 813-228-2815;
FAX: 813-225-7015.
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 Gulf of Mexico
Fishery Management Council (Council) and is implemented through
regulations at 50 CFR part 622 under the authority of the Magnuson Act.
Disapproval of the Red Snapper Minimum Size Limit Changes
Amendment 5 to the FMP established a schedule of increases in the
red snapper minimum size limit for the commercial and recreational
sectors. The schedule included an increase from 14 inches (35.6 cm) to
15 inches (38.1 cm), effective January 1, 1996, and from 15 inches
(38.1 cm) to 16 inches (40.6 cm), scheduled to become effective January
1, 1998. Under Amendment 12 and a regulatory amendment under the FMP
framework procedure for adjusting management measures, the Council
proposed to reduce the minimum size limit for red snapper harvested in
the commercial fishery from 15 inches (38.1 cm) to 14 inches (35.6 cm)
and to eliminate the automatic increase to 16 inches (40.6 cm)
scheduled for January 1, 1998.
Based on a preliminary evaluation of the regulatory amendment and
Amendment 12, NMFS concluded that the proposed size limit measures for
red snapper were inconsistent with national standard 1 of the Magnuson
Act. Accordingly, NMFS disapproved these size limit measures and has
not included them in this proposed rule. Additional discussion
regarding disapproval of those measures was included in the proposed
rule (61 FR 42413, August 15, 1996) for the regulatory amendment and is
not repeated here.
Bag and Size Limits for Amberjack and Related Species
Greater amberjack, lesser amberjack, and banded rudderfish are very
similar morphologically, particularly at smaller sizes. Taxonomic
guides are available to differentiate these species, but require
detailed comparisons of gill rakers and other fish body parts.
Consequently, it is difficult for many fishermen to distinguish among
these three species. Confusion regarding species identification has
complicated compliance, as well as enforcement and prosecution of
applicable size and bag limits.
Currently, for recreational fishermen, a three-fish bag limit and a
28-inch (71.1-cm) fork length minimum size limit apply to greater
amberjack, but not to the morphologically similar lesser amberjack and
banded rudderfish. As a result, some persons who misidentify undersized
greater amberjack as lesser amberjack or banded rudderfish mistakenly
land those fish in violation of the current size and/or bag limits.
There is also concern that some fishermen are deliberately landing
undersized greater amberjack under the guise that they are lesser
amberjack or banded rudderfish. Because enforcement is sometimes
confounded by the species identification problem, compliance with the
size and bag limits is being circumvented.
The Council and its Law Enforcement Advisory Panel believe that
uniform
[[Page 43216]]
recreational limits for greater amberjack, lesser amberjack, and banded
rudderfish are needed to resolve the compliance and enforcement
problems associated with the species identification problem. Therefore,
for recreational fishermen (i.e., persons subject to the bag limit),
this proposed rule would establish a 28-inch (71.1-cm) fork length
minimum size for lesser amberjack and banded rudderfish, the same as
the existing size limit for greater amberjack. The proposed uniform
size limit will severely restrict recreational harvest of lesser
amberjack and banded rudderfish because these species rarely attain 28-
inch (71.1-cm) fork length. However, the Council determined that the
conservation benefits resulting from improved compliance and effective
enforcement of a 28-inch (71.1-cm) size limit would outweigh any
adverse effects associated with reduced recreational harvest of lesser
amberjack and banded rudderfish.
The Council's Reef Fish Advisory Panel recommended a reduction in
the current three-fish recreational bag limit for greater amberjack to
address their conclusion that the greater amberjack resource has
declined in abundance. A majority of persons testifying at the public
hearings also supported a reduced bag limit. Based on this information,
and in recognition of the need for uniform limits for the three related
species, the Council is proposing a one-fish bag limit for greater
amberjack, lesser amberjack, and banded rudderfish, combined.
Aggregate Reef Fish Bag Limit
Currently, reef fish species not subject to bag limits may be
possessed in unlimited quantities. This could provide an incentive for
recreational fishermen to harvest large quantities of these species and
sell their catch. The Council concluded that conservation of the reef
fish resource would be better achieved by limiting recreational catches
of reef fish species that currently do not have a bag limit. A 20-fish
aggregate bag limit will prevent an uncontrolled increase in harvest of
these reef fish species. The Council considered the 20-fish bag limit
to be a reasonable limit that would have relatively minor impacts on
the majority of anglers.
Availability of Amendment 12
Additional background and rationale for the measures discussed
above are contained in Amendment 12, the availability of which was
filed with the Office of the Federal Register on August 13, 1996 (to be
announced in the Federal Register on August 19, 1996). Agency review of
Amendment 12 began on July 2, 1996.
Classification
Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish
regulations proposed by a Council. NMFS has disapproved the size limit
provisions, as discussed above, and has not determined at this time
that the remaining provisions of Amendment 12 are consistent with the
national standards, other provisions of the Magnuson Act, and other
applicable laws. NMFS, in making that determination, will take into
account the data, views, and comments received during the comment
period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration as follows:
I certify that the attached proposed rule issued under authority
of section 304(a) of the Magnuson Fishery Conservation and
Management Act will not have a significant economic impact on a
substantial number of small entities.
As submitted by the Gulf of Mexico Fishery Management Council,
Amendment 12 to the FMP and its implementing proposed rule would:
Reduce the minimum size limit for red snapper harvested in the
commercial fishery from 15 inches to 14 inches and eliminate the
scheduled, automatic adjustment to 16 inches in 1998; establish a
minimum size limit of 28 inches fork length for banded rudderfish
and lesser amberjack taken under the bag limits; establish a bag
limit for banded rudderfish, greater amberjack, and lesser
amberjack, combined, of one fish; and establish a 20-fish aggregate
bag limit for reef fish species for which there are no other bag
limits.
Based on a preliminary evaluation of Amendment 12, the National
Marine Fisheries Service (NMFS) disapproved the proposed size limit
measures for red snapper after finding them inconsistent with the
Magnuson Fishery Conservation and Management Act's national standard
1. The disapproved measures are not included in the proposed rule.
The Council's regulatory impact review (RIR) indicated that the
proposed red snapper size limit measures may have significant,
positive economic impacts on all of the 1,532 active permitted reef
fish vessels. However, these size limit measures were disapproved by
NMFS.
Based on the Council's RIR, NMFS has determined that the
proposed commercial minimum size and bag limit measures affecting
the harvest of greater and lesser amberjack and banded rudderfish
would: (1) Decrease gross revenues less than 5 percent in the
affected for-hire sector, which is comprised of 838 charter vessels
and 92 headboats; (2) impose additional compliance costs on the for-
hire vessels that are not likely to exceed 5 percent of current
operation costs; (3) not result in issues of big versus small
business operations with associated distributional/regional economic
effects or disproportionate effects on capital costs of compliance
because all participants in the commercial reef fish fishery and the
for-hire sector may be considered small business entities; and (4)
would not force small business entities to cease operations. Based
on these findings, an initial 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: August 15, 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. 622.37, paragraph (d)(5) is revised to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(d) * * *
(5) Jacks--(i) For banded rudderfish, greater amberjack, and lesser
amberjack taken by a person subject to the bag limit specified in
Sec. 622.39(b)(1)(i)--28 inches (71.1 cm) fork length.
(ii) For greater amberjack taken by a person not subject to the bag
limit specified in Sec. 622.39(b)(1)(i)--36 inches (91.4 cm) fork
length.
(iii) For banded rudderfish and lesser amberjack taken by a
person not subject to the bag limit specified in
Sec. 622.39(b)(1)(i)--no minimum size limit.
* * * * *
3. In Sec. 622.39, paragraph (b)(1)(i) is revised, and paragraph
(b)(1)(v) is added to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(i) Banded rudderfish, greater amberjack, and lesser amberjack,
combined--1.
* * * * *
[[Page 43217]]
(v) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i) through (iv) of this section--20.
* * * * *
[FR Doc. 96-21260 Filed 8-16-96; 2:14 pm]
BILLING CODE 3510-22-F
