[Federal Register Volume 59, Number 224 (Tuesday, November 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28789]


[[Page Unknown]]

[Federal Register: November 22, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 641

[Docket No. 941113-4313; I.D. 110194A]

 

Reef Fish Fishery of the Gulf of Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule.

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SUMMARY: 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), NMFS proposes to reduce the bag 
limit for red snapper to zero for the operator and crew of a vessel 
operating as a charter vessel or headboat; reduce the daily bag limit 
for red snapper to five for other persons subject to the bag limit; and 
increase the minimum allowable size of red snapper, currently 14 inches 
(35.6 cm), to 15 inches (38.1 cm) for persons subject to the bag limit. 
NMFS also proposes to delay the opening of the commercial fishery for 
red snapper until February 24, 1995. NMFS intends that these management 
measure adjustments, if adopted in final, become effective January 1, 
1995, the beginning of the new fishing year. The intended effects of 
this rule are to prevent overfishing of red snapper and to ensure that 
the commercial red snapper fishery is open when demand for fresh fish 
is at its highest.

DATES: Written comments must be received on or before December 7, 1994.

ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler, 
Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.
    Requests for copies of the framework regulatory amendment, which 
includes an environmental assessment and a regulatory impact review, 
and for copies of a minority report submitted by five Council members, 
should be sent to the Gulf of Mexico Fishery Management Council, 5401 
W. Kennedy Boulevard, suite 331, Tampa, FL 33609-2486. An initial 
regulatory flexibility analysis is available from the Southeast 
Regional Office at the above address.

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 by regulations 
at 50 CFR part 641.

Red Snapper Total Allowable Catch (TAC)

    The red snapper stock assessment completed by the Southeast 
Fisheries Science Center, NMFS, in September 1994 indicated that the 
spawning potential ratio (SPR) has increased from less than 1 percent 
in 1984 to about 2 percent in 1994. This increase is due to the 
conservation measures already in place. However, the FMP has a goal of 
20 percent SPR for all reef fish, and a target date for recovery of the 
overfished red snapper stock by the year 2009. Based on data in the 
assessment and the FMP's rebuilding schedule, the Council's Reef Fish 
Stock Assessment Panel (SAP) calculated the allowable biological catch 
(ABC) as having an upper limit of 6.00 million pounds (m lb) (2.72 
million kg (m kg)). The Council's Socioeconomic Panel (SEP) recommended 
that the ABC be established specifically at 6.00 m lb (2.72 m kg).
    Based on the SAP's and SEP's reports, the Council recommends a 
continuation of TAC at the upper end of the ABC range, 6.00 m lb (2.72 
m kg), for 1995. A 1995 TAC of 6.00 m lb (2.72 m kg) is consistent with 
the FMP's rebuilding program for red snapper, and is within the 
framework bounds established in the FMP. NMFS is requesting public 
comment on the Council's recommended TAC for 1995.

Proposed Management Measures Associated With Red Snapper TAC

    The FMP's framework procedure requires that allocations of the red 
snapper TAC be based on a historical 51/49 commercial/recreational 
harvest ratio. A TAC of 6.00 m lb (2.72 m kg), therefore, results in a 
commercial quota of 3.06 m lb (1.39 m kg) and a recreational allocation 
of 2.94 m lb (1.33 m kg). The recreational fishery is managed by bag 
and minimum size limits, currently 7 fish and 14 inches (35.6 cm), 
respectively. The 1994 stock assessment showed that the recreational 
fishing harvest greatly exceeded the recreational fishery allocation in 
1992, 1993, and is expected to do so in 1994.
    To ensure that the recreational fishery does not exceed its 1995 
allocation of 2.94 m lb (1.33 m kg), the recreational harvest must be 
reduced by about 43 percent from the 1993 harvest level, estimated at 
approximately 5.10 m lb (2.31 m kg). Preliminary estimates presented to 
the Council by its staff indicated that a 15-inch (38.1-cm) size limit 
and 5-fish bag limit together would achieve a 38-percent harvest 
reduction from the 1993 level, assuming the validity of a 33-percent 
release mortality utilized in the stock assessment. The remaining 
necessary harvest reduction of 5 percent is expected to result from the 
proposed catch restriction for charter vessel and headboat operators 
and crew. The Council heard extensive public testimony from charter 
vessel and headboat operators who claimed that severe adverse social 
and economic impacts would result from reduction of the red snapper bag 
limit, particularly if decreased to less than five fish per customer. 
Several of these operators suggested elimination of red snapper harvest 
by the charter vessel and headboat operators and crew to help achieve 
the necessary reduction in recreational harvest (compared to 1993 
levels). Industry representatives who testified to the Council 
characterized that measure, considered as an alternative, as less 
disruptive than a severe reduction in the bag limit.
    The Council, following its review of all available information, 
determined that more restrictive red snapper size and bag limits are 
necessary to avoid additional overruns of the recreational allocation 
that could lead to overfishing. Accordingly, the Council recommended, 
and NMFS is proposing: (1) A reduction of the bag limit for red snapper 
to zero for charter vessel and headboat operators and crew; (2) a 
reduction of the daily bag limit for red snapper to five for other 
persons; and (3) an increase in the minimum allowable size of red 
snapper to 15 inches (38.1 cm), applicable to red snapper taken under 
the bag limit. If adopted in final, these measures would be made 
effective January 1, 1995, the beginning of the new fishing year.
    The proposed reduction in the red snapper recreational catch is 
designed to maintain allocations between the recreational and 
commercial sectors and to ensure that the total red snapper harvest in 
1995 remains within the TAC level, thereby adhering to the FMP's stock 
rebuilding program.
    Since the Council submitted its recommended 1995 management 
measures for red snapper, NMFS has completed a new evaluation of the 
probable magnitude of the 1994 and 1995 recreational red snapper 
harvests; this analysis assumes implementation of the proposed measures 
for 1995 contained in this rule. Based on this evaluation, NMFS is 
concerned whether these proposed measures will adequately constrain 
recreational catches to the level of the sector's allocation in 1995. 
This recent evaluation shows a clear increasing trend in the proportion 
of trips to offshore waters that are returning with red snapper that 
may, in part, result in recreational fishery catches well above the 
allocation. The Council is expected to review this recent information 
on anticipated recreational fishery catches. Comments are invited as to 
whether additional adjustments to bag limits and size limitations may 
be needed to meet stock recovery goals.
    In addition to changes in recreational fishery measures, the 
Council recommended, and NMFS is proposing, a delay in the opening of 
the commercial fishery for red snapper until February 24, 1995. The 
proposed delayed opening date was requested by fishermen to help ensure 
that the fishery would remain open during the entire Lenten season when 
there is a higher demand for fresh fish.
    The Council's recommended changes are within the scope of the 
management measures that may be adjusted by the framework procedure for 
adjusting management measures referred to at 50 CFR 641.28 and 
specified in the FMP. The Director, Southeast Region, NMFS, initially 
concurs that the Council's recommended changes are consistent with the 
objectives of the FMP, the national standards for fishery conservation 
and management and other provisions of the Magnuson Fishery 
Conservation and Management Act, and other applicable law. Accordingly, 
the Council's recommended changes are published by NMFS as a proposed 
rule for public comment.

Minority Report

    A minority report signed by five Council members raises several 
objections to the proposed red snapper management measures, including 
alleged deficiencies in fishery data supporting the Council's 
recommendations and an alleged inadequate assessment of the impacts of 
bag limit reductions on headboat and charter vessel operators and crew. 
The report does not object to the delayed opening of the commercial red 
snapper season. Copies of the minority report are available (see 
ADDRESSES). NMFS is considering and reviewing the minority report. Any 
final rule implementing the approved measures in the regulatory 
amendment will respond to comments on the proposed rule received by 
NMFS during the 15-day comment period, including the issues raised in 
the Council's minority report.

Classification

    This proposed rule was determined to be not significant under E.O. 
12866.
    NMFS has determined that the proposed change in the red snapper bag 
limit and the restriction on the allowable harvest of red snapper for 
headboat and charter vessel captains and crew could affect more than 5 
percent of gross for-hire commercial revenues. As a result, the 
proposed action could cause a significant impact on a substantial 
number of small entities, and an initial regulatory flexibility 
analysis was prepared. A copy of this analysis is available (see 
ADDRESSES).
    NMFS is proposing a 15-day comment period on this rule, as opposed 
to a maximum of 30 days allowed under the FMP's framework procedure, in 
order to provide an opportunity for participation by the public while 
ensuring that the proposed measures, if adopted in final, can be 
implemented by January 1, 1995, the beginning of the new fishing year.

List of Subjects in 50 CFR Part 641

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 16, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 641 is 
proposed to be amended as follows:

PART 641--REEF FISH FISHERY OF THE GULF OF MEXICO

    1. The authority citation for part 641 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 641.4, new paragraph (o)(3) is added, effective from 
January 1, 1995, through February 23, 1995, to read as follows:


Sec. 641.4  Permits and fees.

* * * * *
    (o) * * *
    (3) Must abide by the red snapper closure provisions of 
Sec. 641.30.
* * * * *
    3. In Sec. 641.7, new paragraph (x) is added, effective from 
January 1, 1995, through February 23, 1995, to read as follows:


Sec. 641.7  Prohibitions.

* * * * *
    (x) Exceed the bag and possession limits for red snapper or 
purchase, barter, trade, or sell red snapper, or attempt to purchase, 
barter, trade, or sell red snapper, during the closure of the 
commercial fishery for red snapper, as specified in Sec. 641.30.
* * * * *
    4. In Sec. 641.21, paragraphs (a)(1)(ii) and (a)(1)(iii) are 
redesignated as paragraphs (a)(1)(iii) and (a)(1)(iv), respectively; 
paragraph (a)(1)(i) is revised; and new paragraph (a)(1)(ii) is added 
to read as follows:


Sec. 641.21  Harvest limitations.

    (a) * * *
    (1) * * *
    (i) Effective through December 31, 1995--14 inches (35.6 cm) total 
length for red snapper caught under the commercial quota specified in 
Sec. 641.25(a);
    (ii) Effective January 1, 1995, through December 31, 1995--15 
inches (38.1 cm) total length for red snapper caught under the bag 
limit specified in Sec. 641.24(b)(1);
* * * * *
    5. In Sec. 641.24, paragraph (b)(1) is revised to read as follows:


Sec. 641.24  Bag and possession limits.

* * * * *
    (b) * * *
    (1) Red snapper--5, except that the bag limit is zero for the 
operator and crew of a vessel that is operating as a charter vessel or 
headboat.
* * * * *
    6. A new Sec. 641.30 is added, effective from January 1, 1995, 
through February 23, 1995, to read as follows:


Sec. 641.30  Closure of the commercial fishery for red snapper.

    Other provisions of this part 641 notwithstanding, the commercial 
fishery for red snapper is closed from January 1, 1995, through 
February 23, 1995. During this closure of the commercial fishery, red 
snapper harvested from or possessed in the EEZ, and each vessel for 
which a currently valid reef fish permit has been issued pursuant to 
Sec. 641.4, is subject to the following:
    (a) The bag and possession limits, as specified in 
Sec. 641.24(b)(1) and (c); and
    (b) The prohibition of purchase, barter, trade, or sale of red 
snapper taken under the bag limit, or attempted purchase, barter, 
trade, or sale of such red snapper, as specified in Sec. 641.24(g).

[FR Doc. 94-28789 Filed 11-17-94; 3:00 pm]
BILLING CODE 3510-22-W