[Federal Register Volume 59, Number 250 (Friday, December 30, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-32143] [[Page Unknown]] [Federal Register: December 30, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 641 [Docket No. 94113-4354; I.D. 110194A] RIN 0648-AH33 Reef Fish Fishery of the Gulf of Mexico; 1995 Red Snapper Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- 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 issues this final rule to reduce the daily bag limit for red snapper from seven to five fish, increase the minimum allowable size of red snapper from 14 inches (35.6 cm) to 15 inches (38.1 cm) for persons subject to the bag limit, and delay the opening of the commercial fishery for red snapper until February 24, 1995. The intended effects of this rule are to maintain the annual total allowable catch (TAC) specifications for red snapper, 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. EFFECTIVE DATE: January 1, 1995, except that Secs. 641.4(o)(3), 641.7(x), and 641.30 are effective January 1, 1995, through February 23, 1995. ADDRESSES: A final regulatory flexibility analysis (RFA) is available from Robert Sadler, 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 FMP. The FMP was prepared by the Gulf of Mexico Fishery Management Council (Council) and is implemented by regulations at 50 CFR part 641. The FMP provides for the Council's annual review and proposed adjustment of certain specifications for the red snapper fishery, such as TAC, bag limits, and other management measures. This final rule will implement those specifications for 1995 that were approved by NMFS. The background and rationale for the measures in this final rule were contained in the proposed rule (59 FR 60124, November 22, 1994) and are not repeated here. Comments and Responses A minority report was submitted by five Council members in opposition to the bag limit reduction in the regulatory amendment. Their comments also were referenced in a subsequent Council letter that requested a seven-fish bag limit in lieu of the more conservative bag limits proposed in the regulatory amendment (i.e., they requested that the portions of the recommended regulatory amendment that pertained to bag limit reductions be rescinded). This letter was objected to by two separate minority reports, signed by one and five Council members, respectively. In addition, comments were received from 31 entities, including three from charter vessel and headboat associations, one from a commercial seafood association, one from a local government agency, and 26 from other members of the public. Specific responses follow each comment. Bag Limit Reduction Comment: The minority report opposing the regulatory amendment claimed that several Council members initially misunderstood the motion they voted for (including a five-fish red snapper bag limit) and thought instead they were voting for a six-fish bag limit. The minority report also claims that a motion to reconsider the vote approved by a majority of the Council failed because some Council members thought they were voting again on the proposal (instead of a motion to reconsider). Additionally, they stated the approved regulatory amendment provisions were voted on with inadequate discussion. Response: All motions at the Council meeting were adequately displayed on a screen for review and consideration prior to voting. The record shows that the vote for the more conservative bag limits was preceded by a vote to call the question. Passage of that vote to call the question indicates the majority of the Council evidently felt that the discussion of several alternatives was adequate. Failure of a subsequent motion to reconsider the bag limits also indicate the majority of the Council was aware of its actions. Review of the administrative record indicates that the Council's vote was procedurally correct. Comment: The Council's letter that recommended a seven-fish bag limit also requested rescission of the more conservative bag limit proposal. Three of the public comments contested the decision by NMFS not to withdraw the proposed rule in response to the Council's vote on November 16, 1994. Response: The framework procedure under the FMP sets out the process for annual management measure adjustments, under which the Council's original recommendation had already been forwarded for publication. The Council was advised by NOAA General Counsel at its November 1994 meeting that its new recommendation for the red snapper management regime in 1995 could be submitted as a comment on the proposed rule. NMFS fully considered the Council's recommendations before taking final action on the rule. The Council's letter is responded to herein. Comment: The minority report opposing the regulatory amendment stated that the Council's Stock Assessment Panel (SAP) and Council staff repeatedly noted inaccuracies in the data sets, particularly the age-length keys. As a result, the stock assessment has a high level of uncertainty that was not considered by the Council at its September 1994 meeting in discussing the need for a 43-percent reduction from 1993 harvest levels. The minority report also noted that a Council member described his own analysis of the available data that indicated a 15-inch (38.1 cm) size limit, combined with a six- or seven-fish bag limit, would achieve a 43-percent reduction in recreational harvest. A letter from a charter vessel and headboat association claimed that the NMFS data are inaccurate and that the red snapper resource is in much better condition than suggested by the analyses. Response: The NMFS stock assessment has undergone extensive peer review. The Southeast Fisheries Science Center (Center) and the Council's Scientific and Statistical Committee (SSC) found that the assessment is based on the best available scientific information. NMFS concludes that the issues raised in the minority report do not change the conclusions reached by the assessment. However, NMFS agrees with the need to continually update the stock assessment data base used in formulating management decisions. Appropriate updates to the data base will be made as warranted. NMFS is aware that the current virtual population analysis (VPA) utilizes catch by age, by assigning ages at length, and is initiating research that will result in improved age information for the VPA. In the interim, the Magnuson Fishery Conservation and Management Act (Magnuson Act) requires use of the best available scientific information, which is the NMFS assessment. The alternative analysis by a Council member was not accepted at the meeting as being based on the best available scientific information. NMFS concludes that the referenced alternative analysis did not account for changes in mean weight, increases in the number of participants in the fishery, or non-compliance with the regulations. Comment: The Council minority report opposing the regulatory amendment also noted that preliminary harvest estimates for 1994 were discussed by the Council as an indication that recreational harvest rates are increasing. However, these estimates were based on only 6 months of data and probably are not indicative of the whole year. There have been increases in numbers and size of red snapper landings for 4 years, which show that the resource is not stressed. Response: The increases in the number and size of red snapper are expected and indicate that the resource is recovering, but the stock assessment shows that the stock remains overfished. The stock assessment also shows that unless the recreational harvest is constrained to its allocation, the prescribed recovery schedule will not be achieved. The status of the overfished resource will continue to be updated as more complete harvest data become available. Comment: The Council minority report opposing the regulatory amendment claimed that new information indicates that red snapper may live longer than originally assumed, possibly as long as 55 years. This information indicates the generation time and recovery period could be extended, allowing a less restrictive allowable catch level. Moreover, drastic changes in the red snapper measures are inappropriate, given the current recovery schedule. Response: NMFS assessment scientists have recently evaluated the effect of changes in generation time on red snapper recovery periods. This evaluation was based on newly acquired information and was presented to the Council and its Reef Fish Management Committee during their November 1994 meetings. In response, the Council requested that the SAP and SSC review these analyses. These efforts are designed to enable the Council to make objective, risk-adverse decisions. In the interim, however, red snapper management decisions must be accomplished using the best available scientific information. Comment: The Council minority report opposing the regulatory amendment claimed that the recreational harvests calculated for 1993 are inflated. Specifically, the Texas charter vessel estimate appears to be excessive, compared to that of prior years. This estimate was based on only five interviews and has a very large standard error associated with it. Consequently, 1993 harvest estimates may have been overestimated and should be reduced to provide a higher allowable catch level. Response: Although it can be argued that the Texas charter vessel information has a fairly low level of precision, the existing data still represent the best scientific information available to the Council and NMFS in making management decisions. Moreover, sufficient justification does not exist for the compensatory reduction in Texas landings requested by the commenter. Comment: The Council minority report opposing the regulatory amendment referenced estimates of red snapper year-class strength that indicate that the 1990 year-class was weaker than the 1989 year-class. However, the estimates of numbers of red snapper alive by age, in June of each year, show a greater number of age-0 red snapper alive in 1989 than in 1990. This casts doubt on the reliability of the year-class strength estimates and, in turn, on the spawning potential ration (SPR) estimates that are derived using the year-class strength estimates. Response: NMFS believes that a very poor relationship exists between age-0 abundance and documented catches of older fish in the red snapper catch. Actual catch records for recent fishing years indicate that the 1990 year-class was weaker than the 1989 year-class. The discrepancy alleged by the commenter is a result of the VPA calculation, not an inaccuracy of the year-class data base. For these reasons, NMFS disagrees with the comment. Comment: The Council minority report opposing the regulatory amendment also indicated that the Council was presented with the results of a recent scientific study that suggests a lower recreational release mortality. However, the population projection model could not be modified to use: (1) Release mortality other than the 33-percent level assumed in the assessment, and (2) zero or differential release mortalities for recreational and commercial fishing. Use of these modifications may have produced results indicating that less restrictive measures were needed. For example, several Council members believe that a release mortality of 5 to 10 percent is appropriate. Assuming the lower release mortality, the reduced bag limits would result in an unnecessarily high reduction of harvest by approximately 52 percent from 1993 harvest levels. As a result, the five-fish bag limit is too restrictive. The Council minority report also claimed that since the recreational allocation refers only to red snapper caught and retained, incorporating release mortality into the analysis in effect double counts the impact of release mortality. An analysis of zero release mortality therefore should be used. Response: The NMFS stock assessment reviewed a number of studies of red snapper and other reef fish that estimate release mortality between zero and 67 percent. However, the studies indicating a red snapper release mortality less than 33 percent have not been extensively peer- reviewed or accepted by NMFS. As a result, the assessment assumed 33- percent release mortality. This assumption was extensively peer- reviewed and remains the best available scientific information. Since the assessment was completed, new recreational fishing mortality estimates will be reviewed by NMFS, SAP, and SSC to determine if a change to the release mortality is warranted. However, depending on its magnitude, such a change would not allow necessarily an increase in the recreational bag limit for red snapper in future years. The Center stated that its staff does not agree that the assessment double counts the impact of release mortality. Elimination of release mortality from the assessment would allow this source of fishing mortality to be unaccounted for in determining the status of the resource. Moreover, elimination of the release mortality is contrary to the best available scientific information and should not be used in the VPA. NMFS therefore disagrees with this comment. Comment: The Council minority report opposing the regulatory amendment noted that a state agency study disputed the fecundity data in the red snapper stock assessment. The minority report stated that the state agency is in the process of reevaluating these data. Response: NMFS concludes that the points raised do not change the results of the stock assessment. Once the referenced state study is complete, the results will be considered for inclusion into the data base. In the interim, the fecundity data in the stock assessment must be relied upon as the best available scientific information. Comment: The Council minority report opposing the regulatory amendment noted that: (1) No data were presented on the impact of prohibiting the operators and crews on vessels operating as charter vessels or headboats from retaining red snapper, and (2) the effect of this measure is unknown. Response: NMFS agrees with this comment. Review of the administrative record indicated inadequate justification or rationale for the measure, and insufficient analysis supporting its implementation. The measure was disapproved for this and other reasons stated in this rule. Comment: The Council minority report opposing the regulatory amendment claimed that the Council had no real data available on the economic impacts of the bag limit reductions on the recreational fishing industry. Similar statements also were included in many public comments. The minority report noted that the Council's Socioeconomic Panel (SEP) Report included only a brief reference that the for-hire sector may be adversely affected by any bag limit reduction. Response: The Council had all available information on the socioeconomic impacts of the proposal before its vote. That information included extensive public testimony and recommendations from industry representatives on the Reef Fish Advisory Panel, as well as the report from the SEP Panel. The regulatory amendment provided additional socioeconomic analyses that were fully considered before NMFS reached its decision. Comment: One public comment stated, as previously indicated in testimony to the Council, the proposed bag and size limit changes are being made without consideration of social and economic factors. The comment cited 50 CFR 602.12 and suggested that: (1) The stock assessment and fishery evaluation (SAFE Report) contained inadequate economic information, and (2) economic and social studies are lacking and need to be considered before the management changes could be justified. Response: NMFS fully considered all available scientific information and public comments before acting on the proposed rule. This included testimony to the Council by the commenter and other fishery participants at its September and November 1994 meetings. NMFS agrees with the comment, however, on the need for additional economic and social studies such that the results can be fully considered by the Council and NMFS before making additional management decisions. In the interim, however, action for the 1995 season must be based on the best available scientific information including the social and economic data currently accepted by NMFS and included in the SAFE Report. Comment: The Council's letter that requested a seven-fish bag limit referenced public testimony that a lower bag limit for red snapper would increase pressure on various alternative species. Conversely, status quo (a seven-fish bag limit) would eliminate any impacts from this shift. Response: NMFS does not dispute the possibility of switching fishing effort to other species as a result of this rule. In fact, this should help mitigate adverse economic impacts expected by the more conservative red snapper bag limits. NMFS agrees that the shift in effort could increase harvest of Spanish mackerel and the other reef fish species listed in the letter. However, increased effort on those species is less risky than allowing continued overfishing of red snapper, which are more severely overfished. NMFS will continue to monitor harvest of these species under the existing data collection program and will recommend action as appropriate in cooperation with the Regional Fishery Management Councils. Comment: The Council's letter that requested a seven-fish bag limit noted that charter vessel operators testified to the Council that it was incorrect to assume constant demand for charter trips if the bag limit was reduced. Response: NMFS acknowledges the possibility that demand for charter trips may decrease, depending on customer reaction to the more conservative bag limit. This was strongly indicated by public comments on the proposed rule, as well as the comment in the minority report. Comments from the Center, however, indicated substantive concerns over a significant overrun if demand stays constant. Accordingly, NMFS has requested the Council to continue to monitor recreational harvest of red snapper closely throughout the 1995 fishing year and to consider further restrictions if necessary. Comment: Thirty public comments predicted severe economic impacts following implementation of the more conservative limits. Twenty-one objected to the five-fish bag limit, not the size limit increase. Response: NMFS disagrees with these comments. The approved red snapper catch restrictions are being implemented to reduce excessive recreational harvest and thus prevent overfishing of red snapper in 1995. Any adverse economic impacts that may result upon implementation of the final rule depend on the ability of fishermen to switch to alternative species. Negative impacts are expected to be less severe than those that would result from continued overfishing of red snapper. Comment: Two minority reports were submitted opposing the Council's vote for a seven-fish bag limit and rescission of the regulatory amendment. The first report, signed by one Council member, noted that: The seven-fish bag limit would jeopardize the stock, thereby violating national standard 1; analysis of the seven-fish bag limit was absent, thereby violating national standard 2; two charter vessel operators supported a five-fish bag limit in their testimony to the Council; no public testimony to the Council suggested that implementation of only a size limit increase (as proposed in the Council's letter of November 23, 1994) would reduce the number of trips or level of fishing effort; and maintaining a 7-fish bag limit and increasing the size limit to 15 inches (38.1 cm) would cause a greater overrun than projected by the Center for a more conservative bag limit. The second minority report in opposition to the Council's vote for a seven-fish bag limit referred to NMFS stock assessment information and public testimony, which indicates that more conservative catch limitations are needed than would be provided under a seven-fish bag limit. Response: NMFS agrees with these comments. Maintaining the 7-fish bag limit would not constrain the recreational fishery to its allocation or prevent overfishing. More conservative limits are needed to reduce fishing mortality at the start of the 1995 fishing year. Size Limit Comment: The Council and 10 of the public comments support the proposed increase in the size limit for recreational catches of red snapper as a substitute for reduced bag limits. The Council's letter requesting the seven-fish bag limit also stated that the increased recreational size limit for red snapper in 1995 would result in reduced availability of legal-sized red snapper to the recreational sector, compared to commercial harvesters under the 14-inch size (35.6 cm) limit during that time. The Council suggested that, assuming a 0-percent release mortality, the size limit increase would reduce the numbers of red snapper by 48 percent from 1993 harvest levels. They state that this would offset any increase in mean weight of each fish due to the larger size limit. The Council's letter also noted that charter vessel and headboat operators have stated that the five-fish bag limit will reduce demand for fishing trips, thereby offsetting an increase in harvest. In addition, one of the signers of the second minority report opposing the seven-fish bag limit suggested a 13-inch (13.0 cm) minimum size limit to reduce the release mortality of undersized fish and the average weight of each fish. Response: NMFS does not agree that simply changing the size limit would produce the necessary reduction in recreational harvest. The Council's statistician advised at the meeting that a seven-fish bag limit and 15-inch (38.1 cm) size limit would result in a harvest higher than the allocation, even under the most liberal conditions of zero release mortality and full compliance. The best available scientific information does not support the Council's position. Comment: The minority report opposing the regulatory amendment referenced a comment by a member of the Council's SAP that size limits were more effective than bag limits in supporting the recovery program. Furthermore, the report noted that public testimony to the Council indicated that size limit changes were more acceptable to the industry than reductions in bag limits. Response: The best available scientific information, as referenced on page 7 of the stock assessment, indicates that size limits alone are relatively ineffective in increasing yield per recruit or SPR. At this stage in the recovery of the overfished red snapper resource, a combination of more conservative size and bag limits is appropriate to reduce recreational harvest. For these reasons, NMFS disagrees with the comment and supports the more conservative size and bag limits. Comment: Three public comments opposed the proposed increase in the size limit as unnecessary, since the existing catch restrictions would continue to improve the red snapper resource. Response: Despite improvements in the status of the resource, red snapper still are overfished. Status quo, as suggested by the commenter, would allow continued overfishing of red snapper at a size that would jeopardize the rebuilding schedule. This, in turn, would adversely impact the biological integrity of the resource. Comment: A letter from a charter vessel and headboat association suggested that an 8-million-pound (m lb) (3.63 m kg) total allowable catch (TAC) be implemented with a seven-fish recreational bag limit and 15-inch (38.1 cm) size limit. If continuation of the 6.0-m lb (2.72 m kg) TAC is necessary, the association suggested approval of the 15-inch (38.1 cm) size limit, a seven-fish bag limit for party boats and charter vessels (zero bag limit for operators and crews), and a five- fish bag limit for other recreational fishermen. The second minority report objecting to the Council's vote for a seven-fish bag limit contended that, due to the uncertainty in the analyses, the TAC could be raised to as high as 8.0 m lb (3.63 m kg) with a 13-inch (33.0 cm) size limit. Response: The framework procedure indicates that TAC may not exceed allowable biological catch (ABC). Based on data in the assessment and the FMP's rebuilding schedule, the SAP set the upper range of the ABC range at 6.0 m lb (2.72 m kg). The Council's SEP recommended that the 6.0-m lb (2.72 m kg) upper limit be established as the ABC. Based on the SAP and SEP recommendations, the Council proposed a continuation of the 6.0-m lb (2.72 m kg) TAC at the upper end of the ABC range. The 6.0-m lb (2.72 m kg) TAC approved for 1995 is consistent with the rebuilding program for red snapper, and within the constraints of the framework procedure. The best available scientific information supports an increase in the minimum size limit to 15 inches (38.1 cm), not a decrease to 13 inches (33.0 cm). Moreover, increasing the TAC to 8.0 m lb (3.63 m kg) would be in excess of the boundaries of the ABC range. NMFS therefore disagrees with these comments. Headboat and Charter Vessel Operator and Crew Catch Prohibition Comment: The Council requested rescission of the zero bag limit it had proposed for charter vessel and headboat operators and crew because of NMFS' evaluation that it would not result in any significant additional savings not already accounted for by the other management proposals. Twenty-one public comments opposed the zero bag limit, stating that it was unfair to charter vessel and headboat operators and crew. Response: NMFS disapproved the proposed red snapper bag limit of zero for operators and crews of vessels operating as a headboat or charter vessel. Review of the administrative record indicated little justification or rationale for the measure and insufficient analysis supporting its implementation. NMFS determined that the record does not provide specific and sufficient information to support the conclusion that this measure is consistent with national standard 4 of the Magnuson Act that requires management measures with allocation effects to be fair and equitable to all fishermen. Moreover, a report by the Southeast Fisheries Science Center indicated that any conservation benefits from the zero bag limit, in addition to those benefits provided by the approved measures, would be sufficiently small to be unmeasurable. Should the Council consider proposing this measure again for subsequent fishing years, NMFS has recommended that the Council evaluate the equity of allocation issues associated with the zero bag limit that were either not discussed in or unresolved by the regulatory amendment. Additional Issues Comment: The minority report opposing the regulatory amendment noted that the Council was provided, at recent meetings, new information indicating the possibility of a 50- to 60-percent reduction in shrimp trawl bycatch of juvenile red snapper. However, the rebuilding schedule is based on a shrimp trawl bycatch reduction goal of 50 percent, and the benefits of a 60-percent reduction were not analyzed. A letter from a charter vessel and headboat association indicated that reduced shrimping effort already has decreased shrimp trawl bycatch of red snapper. Response: The red snapper stock assessment indicates that recovery of the overfished resource is dependent on reducing shrimp trawl bycatch of juvenile red snapper by 50 percent. A prior amendment to the Magnuson Act prohibited mandatory reductions of shrimp trawl bycatch before the year 1994. NMFS and the Council are working cooperatively with universities, states, and the fishing industry to develop satisfactory methods of reducing the red snapper bycatch to this level, which has not yet been achieved. The new data indicating the possibility of a 60 percent reduction are considered preliminary at this time. The Center commented that currently no scientific evidence indicates that the estimates achieving a higher bycatch reduction than 50 percent are the best available data. Once this new scientific information is accepted as the best available, it will be considered in the management decision process. Comment: One public comment suggested that the current regulations should be enforced properly, instead of NMFS implementing more restrictive catch limits. Response: NMFS agrees with the need for effective enforcement. However, NMFS disagrees with the suggestion of not implementing more conservative red snapper limit. As discussed in this rule, such action is necessary to prevent overfishing of red snapper. Comment: A public comment stated that the 1993 commercial season was closed once the quota for that year was met, then was reopened for 2 additional weeks. Response: Review of the administrative record indicated that the commercial red snapper season was not reopened in 1993, as indicated in this comment. Comment: The minority report objecting to continuing with the seven-fish bag limit stated that the FMP's provisions are inequitable by requiring closure of the annual commercial fishery for the rest of the fishing year once the annual quota is projected to be met, while allowing recreational fishermen to exceed their allocation. Response: The reef fish regulations require closure of the commercial sector for the remainder of the fishing season once the quota is met. In contrast, recreational anglers are regulated year- round by reef fish bag limits designed to approximate the overall recreational allocation based on harvest projections available at that time. Should either the commercial or recreational sector exceed their respective annual allocation, the FMP provides for compensatory adjustments in subsequent fishing years to comply with the rebuilding schedule. The FMP does not provide for an automatic closure of the recreational fishery for the remainder of the fishing year, once the recreational allocation is harvested. Such a change would have to be accomplished by an amendment to the FMP. Delayed Reopening of the 1995 Commercial Season for Red Snapper Comment: One comment from a seafood association suggested an alternative season where half of the quota would be available for harvest starting on January 1, and the remainder would be available on September 11 to the end of each year, starting in 1995. Response: The suggestion of a split commercial season was previously considered and rejected by the Council, because of concerns with quota monitoring and enforceability. Also, the bulk of the public testimony did not support the split season measure without a relaxation of the commercial quota. NMFS supports the Council's decision for a February 24 starting date. Changes From the Proposed Rule As discussed above, the zero bag limit for red snapper for charter vessel and headboat operators and crew has been removed from Sec. 641.24(b)(1), making the five fish bag limit applicable. Classification This final rule has been determined to be not significant for purposes of E.O. 12866. NMFS determined that the proposed rule, if adopted, could have an effect exceeding 5 percent of gross for-hire commercial revenues and an initial RFA was prepared. No comments were received on the initial RFA. NMFS prepared a final RFA that addresses disapproval of the zero bag limit measure. The final determination of significance under the RFA was not changed by the partial disapproval of the proposed rule. The intended effects of this final rule include constraining the recreational harvest of red snapper to its 1995 allocation starting January 1 and ensuring that the commercial red snapper fishery is open when there is increased demand for seafood. These intended effects will be seriously degraded if the effective date of this final rule is delayed beyond the currently scheduled opening of the red snapper fishery on January 1, 1995. Accordingly, under the provisions of section 553(d)(3) of the Administrative Procedure Act, the Assistant Administrator for Fisheries, NOAA, finds for good cause that it is contrary to the public interest to delay for 30 days the effective date of this rule. List of Subjects in 50 CFR Part 641 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: December 23, 1994. Charles Karnella, Acting Program Management Officer, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 641 is 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, paragraph (a)(1) is revised to read as follows: Sec. 641.21 Harvest limitations. (a) * * * (1) Red snapper-- (i) Effective January 1, 1995 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); (iii) Effective January 1, 1996, through December 31, 1997--15 inches (38.1 cm) total length; (iv) Effective January 1, 1998--16 inches (40.6 cm) total length. * * * * * 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. * * * * * 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. 94-32143 Filed 12-29-94; 8:45 am] BILLING CODE 3510-22-W