[Federal Register Volume 60, Number 11 (Wednesday, January 18, 1995)]
[Rules and Regulations]
[Pages 3562-3563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1070]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 646

[Docket No. 950110009-5009-01; I.D. 120594B]
RIN 0648-AH45


Snapper-Grouper Fishery Off the Southern Atlantic States; Landing 
Gag

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

ACTION: Emergency interim rule.

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SUMMARY: NMFS publishes this emergency interim rule at the request of 
the South Atlantic Fishery Management Council (Council) to require that 
selected vessels in the commercial snapper-grouper fishery land gag in 
a whole condition. The intended effect of this rule is to facilitate 
the collection of biological data necessary for the management of gag.

EFFECTIVE DATE: January 18, 1995, through April 18, 1995.

ADDRESSES: Copies of documents supporting this action, including an 
environmental assessment, may be obtained from Peter J. Eldridge, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: Snapper-grouper species off the southern 
Atlantic states are managed under the Fishery Management Plan for the 
Snapper-Grouper Fishery of the South Atlantic (FMP). The FMP was 
prepared by the Council and is implemented through regulations at 50 
CFR part 646 under the authority of the Magnuson Fishery Conservation 
and Management Act (Magnuson Act).
    Gag, Mycteroperca microlepis, is a protogynous hermaphrodite in the 
family Serranidae (sea basses) that is found throughout the South 
Atlantic region. It is a relatively long-lived species that is highly 
prized by fishermen. Gag form spawning aggregations consisting of a few 
dominant males and many females. Male gag are very aggressive during 
spawning and are particularly vulnerable to overfishing during the 
spawning season. Several related species in the Caribbean have 
experienced recruitment failure due to excessive fishing during the 
spawning season.
    Whereas the average sex ratio (male to female) of gag previously 
was 1:10, recently it appears to be approaching 1:100. This is 
coincident with increasing fishing pressure on gag, declining landings, 
and smaller average size of gag landed. Recent public testimony 
indicates a growing concern that the gag stock is declining.
    The Council is concerned that a reduction in abundance of males is 
adversely affecting the reproductive capacity of the resource. The 
Council considered management measures for gag in Amendments 6 and 7 to 
the FMP, but deferred action because of the lack of definitive, current 
information on the sex ratio and other reproductive characteristics. 
That information has been difficult to obtain because gag are 
eviscerated at sea, as specifically authorized at 50 CFR 646.21(b)(1). 
Hence, their reproductive organs have been unavailable for sampling by 
NMFS biologists.
    In October 1994, NMFS biologists reported the inadequacy of current 
data to the Council. Because of that inadequacy of data, the Council 
requested this emergency interim rule so that the reproductive organs 
of gag could be sampled during the 1994-95 spawning season that begins 
in December. Sampling is expected to occur through April, the end of 
the spawning season.
    A significant reduction in the reproductive capacity of gag will 
result in recruitment overfishing and consequent long-term adverse 
impacts on the resource. The availability of gag reproductive organs 
under this emergency interim rule will enable NMFS biologists to obtain 
information necessary for the Council to determine changes in the 
reproductive capacity of gag and to formulate management measures to 
avert recruitment overfishing, if necessary. The Council requests this 
action now to take advantage of the 1994-95 spawning season, during 
which gag are more readily available. If the data are not collected 
under this emergency interim rule, the 1994-95 spawning season will be 
over before an FMP amendment can be implemented to collect the data. 
Thus the data would not be available for at least another year. Such 
delay is not in the best interests of effective management of the gag 
resource and may require more severe measures to avert recruitment 
overfishing. Based on data obtained during the forthcoming spawning 
season, the Council will be able to devise appropriate management 
measures for implementation by NMFS prior to the 1995-96 spawning 
season.
    The NMFS Science and Research Director will select permitted 
vessels for sampling and notify vessel owners in writing. Sampling will 
occur at dockside or in dealer establishments. Sampling schedules will 
be coordinated among vessel owners, dealers, and NMFS port agents to 
ensure effective, representative sampling of landings and to minimize 
disruption of off-loading procedures. The cooler weather during the 
sampling program will minimize possible deterioration of product 
quality because bacterial activity is markedly reduced at lower 
temperatures.

Compliance with NMFS Guidelines for Emergency Rules

    The Council and NMFS have concluded that the present situation 
constitutes a biological emergency, which is properly addressed by this 
emergency interim rule, and that the situation meets NMFS's policy 
[[Page 3563]] guidelines for the use of emergency rules as published on 
January 6, 1992 (57 FR 375). The situation: (1) Results from recent, 
unforeseen events or recently discovered circumstances; (2) presents a 
serious management problem; and (3) can be adequately handled only by 
an emergency rule for which the immediate benefits would outweigh the 
value of advance notice, public comment, and deliberative consideration 
provided under the normal FMP amendment and rulemaking process. The 
basis for the conclusions regarding these emergency guidelines is 
summarized above.
    NMFS concurs with the Council's findings about the biological 
emergency and the need for immediate regulatory action. Accordingly, 
NMFS publishes this emergency interim rule, effective initially for 90 
days, as authorized by section 305(c) of the Magnuson Act. By agreement 
of NMFS and the Council, this emergency interim rule may be extended 
for an additional period of 90 days.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to respond to an emergency 
situation and is consistent with the Magnuson Act and other applicable 
law.
    This emergency interim rule has been determined to be not 
significant for purposes of E.O. 12866.
    The AA finds that the immediate need to commence the necessary data 
collection on the sex ratio of gag during the current spawning season 
constitutes good cause to waive the requirement to provide prior notice 
and an opportunity for public comment, pursuant to authority set forth 
at 5 U.S.C. 553(b)(B), as such procedures would be contrary to the 
public interest. Similarly, the need to implement these measures in a 
timely manner to address the biological emergency described above 
constitutes good cause, under authority contained in 5 U.S.C. 
553(d)(3), to waive the 30-day delay in effective date.

List of Subjects in 50 CFR Part 646

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 10, 1995.
Charles Karnella,
Acting Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 646 is 
amended, effective January 18, 1995 through April 18, 1995, as follows:

PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES

    1. The authority citation for part 646 continues to read as 
follows:

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

    2. In Sec. 646.7, paragraph (zz) is added to read as follows:


Sec. 646.7  Prohibitions.

* * * * *
    (zz) Fail to maintain gag in a whole condition, as specified in 
Sec. 646.21(b)(3).
    3. In Sec. 646.21, paragraph (b)(3) is added to read as follows:


Sec. 646.21  Harvest limitations.

* * * * *
    (b) * * *
    (3) The provisions of paragraph (b)(1) of this section 
notwithstanding, the owner or operator of a vessel for which a permit 
for snapper-grouper, excluding wreckfish, has been issued, as required 
by Sec. 646.4(a)(1), and that is selected in writing by the Science and 
Research Director, must maintain gag in a whole condition, that is, not 
eviscerated, through off-loading and after off-loading for such time as 
will provide a reasonable opportunity for the Science and Research 
Director to collect biological samples.
* * * * *
[FR Doc. 95-1070 Filed 1-17-95; 8:45 am]
BILLING CODE 3510-22-F