[Federal Register Volume 63, Number 166 (Thursday, August 27, 1998)]
[Rules and Regulations]
[Pages 45760-45763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22943]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 980818222-8222-01; I.D. 081898A]
RIN 0648-AL61
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures and Closure of the Recreational Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency interim rule with request for comments and notice of
closure.
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SUMMARY: This emergency interim rule releases the remaining 1998
recreational and commercial quota reserves for Gulf of Mexico red
snapper. In so doing, it supersedes certain provisions of the interim
rule that was published in the Federal Register on April 14, 1998. In
addition, NMFS closes the recreational fishery for red snapper in the
exclusive economic zone (EEZ) of the Gulf of Mexico, effective 12:01
a.m., local time, September 30, 1998, through December 31, 1998. The
intended effects are to
[[Page 45761]]
avoid unnecessary restrictions and associated adverse economic and
social impacts, to make the appropriate quotas available to the
recreational and commercial sectors consistent with the best available
scientific information, and to protect the red snapper resource.
DATES: This rule is effective August 27, 1998 through February 24,
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,
September 30, 1998, through December 31, 1998.
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: Robert Sadler, 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 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.
Total Allowable Catch (TAC)
In February 1998, the Council submitted a regulatory amendment to
the FMP which proposed to maintain the red snapper TAC at 9.12 million
lb (4.14 million kg). The Council based its decision, in part, on an
assumed bycatch reduction in mortality of at least 60 percent for
juvenile red snapper, phased in over a 3-year period, and updated
bycatch reduction device (BRD) performance information which showed
that bycatch reduction levels of 59 percent and above were achievable
with fisheye BRDs. Previous assumptions involved reduction levels
closer to 50 percent based on advice from NMFS gear specialists. At the
higher bycatch reduction level, model projections demonstrated that the
target 20 percent SPR could be achieved by 2019 while maintaining TAC
at 9.12 million lb (4.14 million kg). At the time the Council issued
its regulatory amendment, the requirement for BRDs had not been
implemented. The requirement for BRDs, however, was implemented May 14,
1998, (63 FR 18139, April 14, 1998).
On April 14, 1998, NMFS published an interim rule (63 FR 18144)
which left the 9.12 million-lb (4.14 million-kg) TAC for 1998
unchanged, but held 3.12 million lb (1.42 million kg) in reserve. The
reserve was to be released on September 1, 1998, if a research study
conducted during the summer of 1998 was able to demonstrate that BRDs
could achieve reduction levels above 50 percent. This interim rule was
followed by two additional interim rules (63 FR 27499, May 19, 1998 and
63 FR 27485, May 19, 1998). The first of these certified two new BRDs.
The second implemented data collection requirements, including
mandatory observers, logbooks, and vessel monitoring systems, for the
Gulf shrimp fleet.
Under the latter rule, NMFS began a research study to evaluate BRD
performance under commercial operational conditions. Preliminary
results from the 1998 summer study indicated that juvenile red snapper
bycatch in shrimp trawls has been reduced. However, the analyses of
these data conducted to date do not warrant release of any of the
reserve red snapper TAC in accordance with the interim rule.
However, NMFS believes that adjusted bycatch reduction levels of
about 55 percent are achievable within approximately 2 years. Prior BRD
test results where the BRDs were installed by gear specialists and the
vessel captains were briefed on how to optimize the performance of the
BRD resulted in unadjusted reduction levels of 59 to 71 percent for the
more commonly used fisheye BRDs. Adjustments for compliance, mortality,
and lack of compatible state regulation (based on 1998 study results)
would still provide for bycatch reductions at or above 55 percent. BRD
compliance levels in Federal waters can be expected to reach about 97
percent within approximately 2 years based on NMFS' experience with
improvement in compliance rates for turtle excluder devices. The
predation mortality of fisheye and Jones-Davis BRDs was approximately
1.5 and 20 percent, respectively. Even higher reduction levels may be
possible, especially if BRD requirements are used in combination with
other management measures such as those recommended by the 1997 science
and management peer review (fleet or vessel bycatch quotas and/or
selected area closures to shrimping).
Effect of National Standard Guidelines
Revised national standard guidelines were published on May 1, 1998
(63 FR 24212), which specifically affect red snapper management in the
Gulf of Mexico. In particular, the guidelines call for a change in the
definitions of ``overfishing,'' ``overfished,'' ``optimum yield (OY),''
and a change in recovery schedules. Gulf red snapper are considered
overfished, but recovering.
While the Gulf Council has not yet specified a revised Maximum
Sustainable Yield (MSY), OY, or recovery period for red snapper,
according to a letter from the Council Chair dated August 5, 1998, NMFS
anticipates that the Council will recommend 30-percent spawning
potential ration (SPR) for MSY and the maximum recovery period allowed
by the guidelines to prevent unnecessary economic and social hardships
on the directed red snapper fisheries and fishing communities in the
Gulf of Mexico.
SPR projections modeled by NMFS show that a target SPR level of 30
percent could be achieved within the rebuilding period allowed by the
guidelines, if management measures, including BRDs, phase-in a
reduction of juvenile red snapper bycatch mortality by 55 percent
within 2 years and up to 60 percent during the recovery period.
However, landings cannot exceed TAC (9.12 million lb (4.14 million
kg)). NMFS encourages the Council to evaluate other management measures
to reduce red snapper bycatch, if needed, to reach the bycatch
reduction level necessary to maintain the current 9.12 million-lb (4.14
million-kg) TAC.
Release of the 1998 Red Snapper Reserve TAC
NMFS believes that immediate release of the remainder of the 3.12
million-lb (1.42 million-kg) 1998 red snapper reserve TAC is warranted,
based on advice from NMFS gear specialists; preliminary results from
studies and analyses designed to quantify effects of BRD compliance,
BRD release mortalities, and the lack of compatible state BRD
regulations; and the revised national standard guidelines. NMFS
believes that without this release severe economic and social hardships
would occur in the red snapper commercial and recreational fisheries,
and in the communities that depend on these fisheries. Potential
commercial losses are estimated as a short-term revenue loss of $2.7
million and a profit loss of $1.4 million. The degree to which red
snapper anglers will cancel trips or target alternative species in
response to closures is not known. Potentially, 27 percent of
recreational trips may be canceled. These hardships should be minimized
with a release of the remaining TAC reserve.
Therefore, this emergency interim rule supersedes the TAC
provisions of the April 14, 1998, interim rule and
[[Page 45762]]
releases the remaining recreational quota reserve effective August 27,
1998 and releases the remaining commercial quota reserve of 1.53
million lb (0.69 million kg) effective at noon, local time, on
September 1, 1998. During the commercial season, the red snapper
commercial fishery opens at noon on the first of each month and closes
at noon on the 15th of each month, until the applicable commercial
quota is reached, as determined by near real-time monitoring of
landings at the dealer level. When the commercial quota is reached or
is projected to be reached, notification of the commercial closure will
be published in the Federal Register.
Closure of the Recreational Red Snapper Fishery
Under 50 CFR 622.43, NMFS is required to close the Gulf red snapper
recreational fishery when the available quota is reached, or is
projected to be reached. Because of the large number of recreational
anglers and the geographical diversity of access sites, the procedures
that are used to monitor a quota for recreational fishing are
fundamentally different from the procedures used to monitor quotas for
commercial fishing. For commercial fishing, the catch is unloaded and
recorded as part of the buying/selling transaction, and a physical
record is kept of the transaction. In contrast, all catches by
recreational anglers cannot be recorded and statistical techniques have
to be used to estimate the catches from this sector of the fishery.
For the Gulf of Mexico, three sources of data are used to estimate
recreational red snapper landings: NMFS Marine Recreational Fishery
Statistical Survey (MRFSS), NMFS Headboat Survey, and the Texas
Recreational Fishery Survey. Data from these surveys are used in models
to project landings. In 1997, NMFS used a model based on average
landings from the previous few years adjusted by data from the current
year MRFSS and headboat survey estimates. This model has now been
significantly upgraded and expanded to incorporate age structure and
recruitment information. NMFS believes that the landing projections
based on the upgraded model (length-based simulation model (LSIM)),
with some consideration given to current year conditions, represents
the best available scientific information for estimating when the red
snapper fishery should be closed.
Based on the LSIM model, NMFS projects that the available
recreational quota of 4.47 million lb (2.03 million kg) for red snapper
will be reached by September 29, 1998. Accordingly, the recreational
fishery in the EEZ in the Gulf of Mexico for red snapper is closed
effective 12:01 a.m., local time, September 30, 1998, through December
31, 1998. During the closure, the bag and possession limit is zero for
all red snapper harvested in or from the EEZ in the Gulf of Mexico, and
for all permitted reef fish vessels without regard to where the red
snapper were caught.
Compliance With NMFS Guidelines for Emergency Rules
This emergency rule meets NMFS policy guidelines for the use of
emergency rules, published on January 6, 1992 (57 FR 375). The
situation: (1) Results from recent, unforeseen events or recently
discovered circumstances; (2) presents a serious management problem;
and (3) 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
NMFS expects that recovery of red snapper to 30 percent SPR
(assumed proxy for MSY) can be achieved within the recovery period
allowed by the recently published national standard guidelines at
adjusted bycatch reduction levels of 55-60 percent. The current target
recovery SPR level is 20 percent by 2019. Additionally, BRD research,
coupled with advice from NMFS gear experts, indicates that a 55-60
percent adjusted level of bycatch mortality reduction for juvenile red
snapper is a reasonable expectation.
Serious Management Problems in the Fishery
Without this emergency rule, the directed commercial red snapper
fishery would not be allowed to open on September 1, 1998, and the
recreational fishery would have to be closed immediately in Federal
waters. However, these actions appear unnecessary to rebuild the red
snapper stock under the revised national standard guidelines. Failure
to open the commercial fishery and immediate closure of the
recreational fishery would have serious adverse economic impacts on the
commercial and recreational fisheries, and the fishing communities they
support. Potential commercial losses are estimated as a short-term
revenue loss of $2.7 million and a profit loss of $1.4 million. The
degree to which red snapper anglers will cancel trips or target
alternative species in response to closures is not known. Potentially,
27 percent of recreational trips may be canceled. In addition, early
announcement of the recreational closure date will facilitate angler
planning.
Immediate Benefits
The immediate benefits of the emergency rule greatly outweigh the
value of prior notice and opportunity for public comment, which would
occur under normal rulemaking. This rule relieves restrictions on those
individuals and fishing communities dependent on the Gulf red snapper
fishery in a manner that is consistent with the national standard
guidelines, the Magnuson-Stevens Act, and other applicable law.
The NMFS Southeast Fisheries Science Center has determined that
this emergency interim rule is based on the best available scientific
information.
NMFS finds that the timely regulatory action provided by this
emergency interim rule is critical to avoiding unnecessary adverse
economic and social impacts on participants and fishing communities
dependent on the red snapper fishery in the Gulf of Mexico. NMFS issues
this emergency interim rule, effective for not more than 180 days, as
authorized by section 305(c) of the Magnuson-Stevens Act.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to make the appropriate quotas
of red snapper in the Gulf of Mexico available to the recreational and
commercial fisheries and to avoid unnecessary restrictions. 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 not
significant for purposes of E.O. 12866.
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.
NMFS prepared an economic evaluation of the regulatory impacts
associated with this emergency interim rule that is summarized as
follows. This emergency rule releases the remainder of the 3.12 million
lb (1.42 million kg) of TAC that was previously reserved, thereby
increasing both commercial and recreational fishing values. In the case
of the commercial fishery, the additional quota reserve released would
have been 1.59 million lb (0.72 million kg), but this poundage had to
be
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decreased by 0.06 million lb (0.03 million kg) because of a slight
quota overrun during the initial commercial season. The resulting
increase of 1.53 million lb (0.69 million kg) in the commercial quota
translates into increased revenues for the 1998 fishing year of $2.7
million and increased profits of $1.4 million. For the recreational
fishery, the release of the additional quota reserve means that the
recreational fishery will be able to take 34,000 additional red snapper
fishing trips in 1998. The increased number of trips will occur because
a recreational closure for the period September-December means that
126,000 trips would be foregone, while only 92,000 trips will be
foregone when the quota reserve is released and the fishery closed for
the shorter October-December period. Although there is not enough
information to translate the increased number of trips into increased
value in dollar terms, there is no question that there will be
increased satisfaction and consumer surplus for private recreational
fishermen and increased revenues and profits for charterboat and
headboat operators. One way of viewing the change in value is to note
that the increase of 34,000 trips for September means that losses would
approach 27 percent for the balance of 1998 if the quota reserve was
not released. It is noted that the actual loss would be somewhat less
than 27 percent because some of the trips would target alternative
species.
Copies of the economic evaluation are available (see ADDRESSES).
A delay in releasing the available quota reserves, consistent with
the best scientific information available, would result in severe and
unnecessary adverse impacts on all entities dependent on the red
snapper fishery in the Gulf of Mexico, including the recreational and
commercial fisheries and the associated fishing communities.
Accordingly, pursuant to 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. Pursuant to 5 U.S.C. 553(d)(1), a delay in the effective date
of this rule is unnecessary because this rule relieves restrictions on
the regulated participants in this fishery.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: August 21, 1998.
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.
Sec. 622.42 [Amended]
2. In Sec. 622.42, the suspension of paragraph (a) is lifted;
paragraphs (a)(1)(i)(A) and (a)(1)(i)(B) are further amended by
revising the respective references to Sec. 622.34(l) to read
Sec. 622.34(m); and paragraph (g) is removed.
[FR Doc. 98-22943 Filed 8-21-98; 4:34 pm]
BILLING CODE 3510-22-F
