[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Rules and Regulations]
[Pages 47711-47713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22760]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990506119-9236-02; I.D. 040799B]
RIN 0648-AM66
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
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: Final rule.
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SUMMARY: NMFS issues this final rule to implement the approved
provisions of a regulatory amendment prepared by the Gulf of Mexico
Fishery Management Council (Council) in accordance with the framework
procedures for adjusting management measures of the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The rule
establishes a 4-fish recreational red snapper bag limit with a 0-fish
bag limit for the captain (operator) and crew of a charter vessel or
headboat and changes the open periods of the fall red snapper
commercial season from the first 15 days of each month to the first 10
days of each month, beginning September 1 each year. The rule's
intended effect is to maximize the economic benefits from the
overfished red snapper resource within the constraints of the red
snapper stock rebuilding program.
[[Page 47712]]
DATES: This final rule is effective October 1, 1999, except for the
amendments to Secs. 622.34(l) and 622.34(m), which are effective
September 1, 1999.
FOR FURTHER INFORMATION CONTACT: Roy E. Crabtree, 727-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive
economic zone of the Gulf of Mexico is managed under the FMP. The
Council prepared the FMP, which was approved by NMFS and implemented
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
In accordance with the framework procedures of the FMP, the Council
recommended, and NMFS published, a proposed rule (64 FR 34756, June 29,
1999) to: Set the opening date of the recreational red snapper fishing
season at March 1, beginning with the 2000 fishing year; establish a 4-
fish recreational red snapper bag limit with a 0-fish bag limit for
captain and crew of a charter vessel or headboat; and change the open
periods of the fall red snapper commercial season from the first 15
days of each month to the first 10 days of each month, beginning
September 1 each year. The Council also recommended a reduction in the
minimum size limit for red snapper from 15 (38.1 cm) inches to 14
inches (35.6 cm) total length. NMFS disapproved this measure under the
FMP framework procedures prior to publication of the proposed rule; the
preamble to the proposed rule explained NMFS' rationale for this
disapproval action. After considering the Council's proposed red
snapper measures and the public comments, NMFS has approved the
proposed 0-fish bag limit for captain and crew of the for-hire vessels,
the 4-fish bag limit for persons not fishing under the commercial
quota, and the change in the duration of the commercial fall season
open periods. NMFS has disapproved the proposed delay in the opening of
the recreational red snapper fishing season (see response to comment 2
under ``Comments and Responses''). The preamble to the proposed rule
described the need and rationale for these approved measures and also
explained NMFS' rationale for disapproving the Council's recommendation
to reduce the minimum size limit for red snapper to 14 inches. That
information is not repeated here.
Comments and Responses
NMFS received 197 written comments on the proposed rule. A summary
of the comments and NMFS' responses follow.
Comment 1: The Council requested that NMFS disapprove the 0-fish
bag limit for captain and crew of for-hire vessels. The Council
contends that this measure was explicitly linked with its proposal for
a 4-fish bag limit and a 14-inch (35.6-cm) minimum size limit. The
intent of these combined measures was to provide a substantial
extension of the recreational season. The Council states that because
NMFS disapproved the 14-inch (35.6-cm) minimum size limit, approval of
the 0-fish bag limit for captain and crew measure would be inconsistent
with its original intent.
Response: NMFS has approved the 0-fish bag limit for captain and
crew of for-hire vessels based on analyses that suggest that this
measure reduces catch rates by about 3 percent. The 0-fish bag limit
for captain and crew, along with the 4-fish bag limit, will extend the
recreational season substantially. In contrast, the 14-inch (35.6-cm)
minimum size limit requested by the Council would have reduced the
length of the recreational season, which is contrary to the intent of
the Council, with little or no corresponding benefit to the stock.
Comment 2: One hundred ninety-four commenters opposed the delay of
the start of the recreational season from January 1 to March 1. They
argued that this delay would result in a 6-month closure of the
recreational fishery and would cause economic hardship in the Texas
tourism and hospitality industries.
Response: NMFS agrees that a delay in the opening of the
recreational fishery until March 1 would cause economic hardship in
areas such as South Texas that are dependent on winter tourism and that
the adverse economic impact of the lost fishing days in January and
February would be greatest in Texas. With a January 1 opening date,
preliminary projections indicate the year 2000 fishing season would
close on July 29; with a March 1 opening these analyses project an
August 27 closure. Thus, the measure would extend the season further
into the summer but would result in a net loss of 30 fishing days. The
Council's economic analysis based on a total allowable catch of 9.12
million lb, a 5-fish bag limit, and a 15-inch minimum size limit
suggests a net loss of 6,891 total fishing trips--a 1.76 percent
reduction. Of these, 1,566 would be for-hire trips. While a reduction
in recreational fishing effort and an extension of the season further
into the summer were the intent of the Council in proposing to delay
the start of the season until March 1, NMFS has disapproved this
measure based upon finding it inconsistent with national standard 4 of
the Magnuson-Stevens Act, which requires that the allocation of fishing
privileges be fair and equitable. Approval of this measure would place
an unfair economic burden on the Texas for-hire sector and would
shorten the red snapper recreational fishing season.
Comment 3: Nineteen commenters supported a 4-fish bag limit; 171
commenters supported a 5-fish bag limit.
Response: NMFS believes that a bag limit of no more than 4 fish per
person is necessary to reduce catch rates and extend the recreational
fishing season. The Magnuson-Stevens Act requires NMFS to close the red
snapper recreational fishery once the quota is caught. The Council's
Socioeconomic Panel has noted that a lower bag limit with a longer
season yields more economic benefits than a higher bag limit with a
closure, provided the lower bag limit does not discourage anglers from
fishing. Based on public testimony, the Council believes that a 4-fish
bag limit would not significantly discourage anglers from fishing.
Comment 4: One individual commented on the proposed change in the
duration of the commercial fall season from the first 15 days of each
month to the first 10 days of each month until the fall subquota is
reached. This individual believes the current commercial season has
caused economic hardship in the commercial sector and suggested a
continuation of the spring commercial season along with a 100-lb (45.5-
kg) trip limit for the remainder of the year. This individual suggested
that the fall season be eliminated if necessary to prevent exceeding
the commercial quota.
Response: Trip limits to allow a red snapper bycatch were not part
of the regulatory amendment submitted by the Council. The Council may
wish to consider additional changes for its 2000 red snapper commercial
season specifications.
Changes From the Proposed Rule
For the reasons discussed under the Response to Comment 2, NMFS has
disapproved the measure delaying the opening of the recreational red
snapper fishing season until March 1. That measure has been removed
from this final rule.
[[Page 47713]]
Classification
This final rule has been determined to be significant for purposes
of E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration when this rule was proposed that this rule would not
have a significant economic impact on a substantial number of small
entities. No comments were received regarding this certification. As a
result, a regulatory flexibility analysis was not prepared.
The amendments to Secs. 622.34(l) and 622.34(m) are necessary to
mitigate derby fishery effects, e.g., market gluts and lower exvessel
prices, and to prevent associated adverse social and economic impacts.
It is essential that these amendments are effective when the fall
commercial red snapper season opens on September 1, 1999. Accordingly,
under authority set forth at 5 U.S.C. 553(d)(3), the Assistant
Administrator for Fisheries, NOAA, finds for good cause that a 30-day
delay in the effective date of those measures would be contrary to the
public interest.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: August 27, 1999.
Gary C. Matlock,
Acting 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. 622.34, the suspension of paragraph (l) is lifted;
paragraph (m) is removed; and paragraph (l) is revised to read as
follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(l) Closures of the commercial fishery for red snapper. The
commercial fishery for red snapper in or from the Gulf EEZ is closed
from January 1 to noon on February 1 and thereafter from noon on the
15th of each month to noon on the first of each succeeding month until
the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until noon
on September 1, whichever occurs first. From September 1 to December 1,
the commercial fishery for red snapper in or from the Gulf EEZ is
closed from noon on the 10th of each month to noon on the first of each
succeeding month until the quota specified in Sec. 622.42(a)(1)(i)(B)
is reached or until the end of the fishing year, whichever occurs
first. All times are local times. During these closed periods, the
possession of red snapper in or from the Gulf EEZ and in the Gulf on
board a vessel for which a commercial permit for Gulf reef fish has
been issued, as required under Sec. 622.4(a)(2)(v), without regard to
where such red snapper were harvested, is limited to the bag and
possession limits, as specified in Sec. 622.39(b)(1)(iii) and (b)(2),
respectively, and such red snapper are subject to the prohibition on
sale or purchase of red snapper possessed under the bag limit, as
specified in Sec. 622.45(c)(1). However, when the recreational quota
for red snapper has been reached and the bag and possession limit has
been reduced to zero, the limit for such possession during a closed
period is zero.
* * * * *
3. In Sec. 622.39, the suspension of paragraph (b)(1)(iii) is
lifted; paragraph (b)(1)(vi) is removed; and paragraph (b)(1)(iii), is
revised to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(iii) Red snapper--4, except that for an operator or member of the
crew of a charter vessel or headboat, the bag limit is 0.
* * * * *
[FR Doc. 99-22760 Filed 8-27-99; 4:44 pm]
BILLING CODE 3510-22-F
