[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