[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Rules and Regulations]
[Pages 48641-48643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23584]
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DEPARTMENT OF COMMERCE
50 CFR Part 622
[Docket No. 960807218-6244-02; I.D. 072996D]
RIN 0648-AG89
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
procedure for adjusting management measures of the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The
approved provisions of the regulatory amendment: 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, 1997, 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 action is to maximize the economic benefits from the red
snapper resource while extending for 10 years the rebuilding program
for this overfished resource.
EFFECTIVE DATE: October 16, 1996, except that the amendment to
Sec. 622.42(a)(1) is effective September 15, 1996.
ADDRESSES: Requests for copies of the final regulatory flexibility
analysis (FRFA) should be sent to Robert Sadler, Southeast Region,
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 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).
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 measures were
inconsistent with the Magnuson Act and the agency's policy of risk-
averse decision-making. NMFS published a proposed rule to implement the
remaining measures measures of the regulatory amendment (61 FR 42413,
August 15, 1996). The rationale for the remaining measures, as well as
the reasons for the disapproval of the size limit measures, are
contained in the preamble of the proposed rule and are not repeated
here. After considering the public comment received on the proposed
rule, NMFS approved the remaining measures of the Council's proposal
and is issuing this final rule to give effect to them.
Comments and Responses
Twenty-three comments were received from the public. These comments
are summarized below followed by the agency response. The comments and
responses are grouped by general subject heading.
Disapproved Measures Regarding the Commercial Fishery Minimum Size
Limit
Comment: Four commenters supported the Council's proposed measures
for decreasing the minimum size limit for the commercial red snapper
fishery from 15 to 14 inches and eliminating the automatic increase
from 15 to 16 inches scheduled for 1998. One commenter supported the
proposed 15-inch size limit but opposed the scheduled change to 16
inches in 1998. One commenter opposed both size limit measures.
Response: NMFS acknowledges these comments on the size limit
measures as contained in the Council's proposed regulatory amendment.
NMFS refers the reader to the above explanation of the agency's
disapproval of the size limit measures.
Increase in TAC and Reopening of the Commercial Fishery
Comment: Six commenters opposed the proposed increase in TAC and/or
the proposed reopening of the commercial fishery. Each of the opposing
commenters expressed various concerns that the actions would prevent
recovery of the overfished resource by the year 2019.
Response: NMFS disagrees with these commenters because the proposed
TAC is within the allowable biological catch range as required under
the FMP's framework procedure. Implementation of the TAC, in
combination with the 50-percent reduction in shrimp trawl bycatch of
juvenile red snapper beginning in 1997, is expected to achieve recovery
of the red snapper resource consistent with the revised rebuilding
schedule.
Comment: Twelve commenters supported both the increased TAC and
reopening of the commercial fishery and stated that such action would
increase economic benefits to the commercial fishery while maintaining
the stock rebuilding schedule. A commenter supported both the increased
TAC and reopening of the commercial fishery and stated that such action
would allow continuation of the recreational catch limits and thereby
stabilize the fishery while achieving the recovery goals.
Response: NMFS agrees.
Probability of Achieving Necessary Bycatch Reduction
Comment: Seven commenters supported taking action to ensure the 50-
percent reduction in shrimp trawl bycatch of juvenile red snapper that
is necessary for recovery of the red snapper stock. Three commenters
stated
[[Page 48642]]
that the 50-percent reduction already may have been achieved by a
combination of factors, including reduced shrimping effort and
additional red snapper abundance in areas avoided by shrimp trawlers.
Response: NMFS believes that some reduction in shrimp trawl bycatch
of juvenile red snapper already may have occurred. NMFS believes that
the target 50-percent reduction beginning in 1997 is achievable, based
on the available bycatch reduction technology, and the commitment of
the Council to take action to meet that target.
Extension of the Rebuilding Target Year from 2009 to 2019
Comment: Two commenters stated the extension was unjustified
because it was not supported by available data and was contrary to the
recovery of the overfished red snapper stock.
Response: The determination that the rebuilding target date may,
consistent with the FMP, be extended to a date as late as 2019 is
consistent with the best available scientific information. The
Council's choice of the year 2019 is expected to minimize adverse
socioeconomic impacts on commercial and recreational fishery
participants while achieving stock recovery consistent with provisions
of the FMP.
Comment: Seven commenters supported the proposed rebuilding
schedule extension as appropriate and beneficial, based on the
recovering status of the resource.
Response: NMFS acknowledges the commenters' support for this
measure, but wants to make clear the reasons why NMFS approved this
measure. Based on new scientific findings, NMFS's 1995 red snapper
stock assessment concluded that this species has a longer life span and
a lower natural mortality rate than previously estimated. These factors
are used to estimate the generation time for red snapper. Accordingly,
the revised estimate of the generation time was 19.6 years as opposed
to the earlier estimate of 13. 6 years (refer to the proposed rule
preamble for a more detailed discussion). The FMP's framework procedure
for annual adjustments in red snapper TAC and other related measures
specifies that the stock rebuilding time for red snapper cannot exceed
1.5 times the estimate of generation time. Based on new calculations,
the outer limit for the stock rebuilding date was changed from 2009 to
2019. In determining the new rebuilding period for red snapper, and
consistent with its prior decision regarding the 2009 target date, the
Council chose the outer limit allowed by the FMP in order to minimize
adverse socioeconomic impacts on resource users. The longer the stock
recovery time, the less restrictive the TAC must be to ensure stock
recovery.
Relation of Amendment 13 to This Rule
In FMP Amendment 13, the Council proposed, and NMFS approved, an
extension of the red snapper vessel permit endorsement and trip limit
system and suspension of implementation of the red snapper individual
transferable quota (ITQ) system approved under Amendment 8. As
explained in the proposed rule for Amendment 13 (61 FR 32422, June 24,
1996), NMFS is prohibited from implementing the ITQ system for the
foreseeable future. NMFS intends to issue the final rule implementing
Amendment 13 to be effective on September 15, 1996. Accordingly, when
the commercial fishery for red snapper opens on September 15 under the
provisions of this final rule, the fishery will be subject to the red
snapper vessel permit endorsement and trip limit system.
Classification
This final rule has been determined to be not significant under
E.O. 12866.
The Council prepared an Initial Regulatory Flexibility Analysis
(IRFA) that described the expected significant economic effects on a
substantial number of the small business entities engaged in harvesting
the reef fish resources in the Gulf of Mexico. Following public
comment, NMFS prepared a Final Regulatory Flexibility Analysis (FRFA).
The FRFA noted that there were no public comments on the IRFA and
consequently no changes have been made in the economic analysis. The
FRFA finds that the regulatory changes are needed since they will allow
for a major increase in revenues. The increase in revenues will occur
because the allowable catch of red snapper will be increased by about
50 percent through this final rule; this result will meet the objective
of maximizing benefits from the fishery in concert with an orderly
rebuilding of the overfished red snapper resource. The increased
catches will provide significant benefits in terms of increased
revenues to a substantial number of the 1,532 commercial vessels in the
fishery as well as to a portion of the 930 for-hire (838 charter and 92
headboat) vessels. Each of these categories is comprised entirely of
small business entities. The FRFA also confirms that the rule does not
create any additional reporting, recordkeeping or other compliance
requirements. Finally, the FRFA indicates that a set of alternative
regulatory actions, including no-action alternatives, were considered
and rejected by the Council on the basis that the alternatives did not
provide the level of benefits available to small business entities that
will be afforded by the actions implemented by this rule. Since there
were no adverse economic effects on small entities under all considered
alternatives to the status quo, the agency took no specific action to
minimize the impacts of the proposed and approved measures. The overall
conclusion of the FRFA is that this rule will have a significant
positive economic impact on a substantial number of the small entities
engaged in the harvest of Gulf of Mexico reef fish resources. Copies of
the FRFA are available (see ADDRESSES).
The measures in this final rule that increase the commercial quota
for red snapper and reopen the commercial fishery for red snapper on
September 15, 1996, constitute a substantive rule that relieves a
restriction. Therefore, as authorized under 5 U.S.C. 553(d)(1), a 30-
day delay in effectiveness of these measures is not required.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: September 10, 1996.
Nancy Foster,
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. 622.34, effective October 16, 1996, 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, the possession of red snapper in or from
the Gulf EEZ and 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),
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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).
3. In Sec. 622.42, effective September 15, 1996, 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. 96-23584 Filed 9-11-96; 10:49 am]
BILLING CODE 3510-22-F
