[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Rules and Regulations]
[Pages 47765-47766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24163]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970804190-7190-01; I.D. 070997A]
RIN: 0648-AJ89
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Size Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule increases the minimum size limit for vermilion
snapper. The intended effect is to reduce overfishing of vermilion
snapper in the Gulf of Mexico.
DATES: This rule is effective September 14, 1997 through March 10,
1998. Comments must be received not later than October 14, 1997.
ADDRESSES: Comments on this 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, 813-570-5305.
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.
The Council, by non-unanimous vote, requested that NMFS issue this
interim rule to increase the vermilion snapper minimum size limit from
8 to 10 inches (20.3 to 25.4 cm) total length, pending NMFS' review and
approval of Amendment 15 to the FMP. Amendment 15 contains a 10-inch
minimum size limit and additional details regarding such limit. This
size limit responds to the 1996 vermilion snapper stock assessment, the
1997 Addendum to that assessment, and the 1996 and 1997 Reef Fish Stock
Assessment Panel (RFSAP) Reports. In those documents, scientists
concluded
[[Page 47766]]
that the vermilion snapper resource, while not currently overfished, is
undergoing overfishing based on decreasing trends in overall catch,
mean size of individual fish, catch-per-unit-effort, and estimated
numbers of age-1 fish in the population. The Council recommended
implementation of the minimum size limit increase as an interim measure
to help reduce overfishing in the short term and mitigate the need for
more severe vermilion snapper management measures to reduce fishing
mortality in the future. The 10-inch minimum size limit would reduce
fishing mortality, increase yield per recruit, increase the vermilion
snapper spawning potential ratio, and thereby improve the status of the
resource while the Council develops corrective, long-term action (i.e,
through FMP amendment).
The RFSAP suggested that a 10-inch minimum size limit would be an
effective intermediate measure until a new stock assessment and
additional analysis could be completed. The Council, in its discussion
of the interim rule request, recognized that additional management
measures may be needed to prevent overfishing on a long-term basis.
The NMFS Southeast Fisheries Science Center has determined that the
Council's request is based on the best available scientific
information. Given the determination of overfishing, this request for
an interim measure is consistent with section 305(c) of the Magnuson-
Stevens Act.
NMFS concurs with the Council's finding regarding the need to
reduce overfishing of vermilion snapper in the Gulf of Mexico and the
need for immediate regulatory action. Accordingly, NMFS issues this
interim rule, effective for 180 days, as authorized by section 305(c)
of the Magnuson-Stevens Act. This interim rule may be extended for an
additional 180 days provided that the public has had an opportunity to
comment on the interim rule and, at the time of extension, the Council
is actively preparing a plan amendment or proposed regulations to
address the overfishing on a permanent basis. Public comments on this
interim rule will be considered in determining whether to maintain or
extend this rule to address overfishing of vermilion snapper. Responses
to comments will be provided if the interim rule is revoked, modified,
or extended.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to reduce overfishing of
vermilion snapper in the Gulf of Mexico and is consistent with the
Magnuson-Stevens Act and other applicable laws.
A delay in action to reduce overfishing increases the likelihood of
a loss of long-term productivity of vermilion snapper in the Gulf of
Mexico and increases the probable need for more severe restrictions in
the future. The public is aware of this increased minimum size limit
and has had an initial opportunity to comment on it at Council meetings
and at hearings conducted on Amendment 15. 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. Similarly, the need to
implement these measures in a timely manner to address the overfishing
of vermilion snapper constitutes good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in effectiveness. However, to provide sufficient
notification of the increased minimum size limit for vermilion snapper,
particularly to vessels that may be at sea, NMFS makes this rule
effective September 14, 1997.
This 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 U.S.C. Sec. 553, or any other
law, the analytical requirements of the Regulatory Flexibility Act, 5
U.S.C. Sec. 601 et seq., are inapplicable.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 5, 1997.
David L. Evans,
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.
2. In Sec. 622.37, paragraph (d)(1) is revised and paragraph (d)(6)
is added to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(d) Gulf reef fish. (1) Black sea bass and lane snapper--8 inches
(20.3 cm), TL.
* * * * *
(6) Vermilion snapper--10 inches (25.4 cm), TL.
* * * * *
[FR Doc. 97-24163 Filed 9-10-97; 8:45 am]
BILLING CODE 3510-22-F
