[Federal Register Volume 61, Number 1 (Tuesday, January 2, 1996)]
[Rules and Regulations]
[Pages 17-20]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31410]



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DEPARTMENT OF COMMERCE
50 CFR Part 641

[Docket No. 951221305-5305-01; I.D. 112995A]


Reef Fish Fishery of the Gulf of Mexico; 1996 Red Snapper Season

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

ACTION: Emergency interim rule.

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SUMMARY: NMFS issues this emergency interim rule at the request of the 
Gulf of Mexico Fishery Management Council 

[[Page 18]]
(Council) to delay the opening of the commercial fishery for red 
snapper until February 1, 1996; to establish a commercial quota for red 
snapper of 1.00 million lb (0.45 million kg) for the period February 1 
through March 31, 1996, with a closure of the commercial fishery during 
that period when the commercial quota is reached; and to continue the 
red snapper endorsement regime through March 31, 1996. This rule is 
intended to avoid a derby style fishery of very short duration, which 
could result in a quota overrun for the overfished red snapper resource 
and in negative social and economic impacts on fishery participants.

EFFECTIVE DATE: December 29, 1995 through March 31, 1996.

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

FOR FURTHER INFORMATION CONTACT: Robert Sadler or Michael Justen, 813-
570-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Council and is implemented through regulations at 50 CFR part 641 under 
the authority of the Magnuson Fishery Conservation and Management Act 
(Magnuson Act).

Delayed Opening of the Commercial Red Snapper Fishery

    The 1995 red snapper commercial fishery was closed April 15, 1995, 
and will remain closed through December 31, 1995. Without further 
action, the commercial fishery would reopen on January 1, 1996. 
However, at the September 1995 Council meeting, commercial fishermen 
testified that they are dependent upon income from red snapper harvest 
during the Lenten season, which begins in February. Based upon this 
testimony, the Council requested emergency action to delay the 
reopening until February 1 to increase the chances of the fishery being 
open during the Lenten season, when higher prices and more favorable 
fishing weather (compared to January) are expected.

Interim Commercial Quota for Red Snapper

    The Council requested an interim commercial quota of 1.00 million 
lb (0.45 million kg) for the period February 1, 1996, through March 31, 
1996, based upon input from the public, to provide income to industry 
before the individual transferable quota (ITQ) system, which was 
approved under Amendment 8 to the FMP, is implemented on April 1, 1996. 
If the interim quota is not made available before the ITQ system is 
implemented, the fishery would remain closed for almost 12 months 
(April 15, 1995, through March 31, 1996). The Council believes that a 
closure of this duration would result in adverse social and economic 
impacts to those who depend on red snapper harvest, particularly during 
the Lenten season.
    The Council requested that, when the interim quota is taken or 
projected to be taken, the fishery be closed until it is reopened under 
the ITQ system on April 1, 1996. If implementation of the ITQ system is 
substantially delayed (2 months or more), the Council intends that the 
balance of the 1996 commercial quota be taken under the endorsement 
provisions and permit moratorium.

Continue the Red Snapper Endorsement Regime

    Management measures in effect for 1995 limit landings of red 
snapper to 2,000 lb (907 kg) per trip or day for vessels with red 
snapper endorsements on their reef fish permits. Other permitted 
vessels are limited to 200 lb (91 kg) per trip or day. The Council 
requested that these provisions be continued as part of the emergency 
action, to spread out harvest over a longer period of time and avoid 
the negative social and economic impacts that would otherwise result 
from a derby fishery of very short duration. Monitoring of landings 
under these conditions would be difficult, increasing the likelihood 
that the quota would be exceeded. The Council is concerned that this 
could adversely impact stock recovery. Accordingly, by January 20, 
1996, NMFS intends to reissue the red snapper endorsements that were in 
effect on December 31, 1995. Reissued endorsements will be effective 
for February and March 1996.

Permit Moratorium

    The Council requested that the current moratorium on the issuance 
of new reef fish permits be continued during the effectiveness of this 
emergency interim rule. However, because a new permit moratorium under 
Amendment 11 to the FMP will become effective January 1, 1996, there is 
no need to extend the current moratorium by this emergency rule.

Compliance With NMFS Guidelines for Emergency Rules

    The Council and NMFS have concluded that the present situation 
constitutes an emergency, which is properly addressed by this emergency 
interim rule, and that the situation meets NMFS's policy guidelines for 
the use of emergency rules, 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) realizes immediate benefits from the emergency interim rule 
that outweigh the value of prior notice, opportunity for public 
comment, and deliberative consideration expected under the normal 
rulemaking process.

Recent, Unforeseen Events or Recently Discovered Circumstances

    The Council requested that this action be implemented by emergency 
rule because of several unforeseen events and unresolved circumstances 
that disrupted planning of the 1996 fishing season. The first is the 
unanticipated and unavoidable delays that have adversely affected 
implementation of the ITQ system under Amendment 8, which was designed 
to achieve more orderly prosecution of the fishery. The Southeast 
Regional Office estimates that the appeals process and issuance of 
shares and coupons cannot be completed before April 1, 1996. 
Consequently, implementation of the ITQ system will be delayed until 
that date. The extent of this delay, which was not known nor formally 
communicated to the Council until its September 1995 meeting, disrupted 
the Council's plans regarding optimal timing of the opening of the 1996 
season under controlled harvest conditions.
    The Council, in developing this proposed course of action at the 
September 1995 meeting, also faced a major management problem in that 
it did not know if the moratoriums or delays in implementing ITQ 
systems being considered by Congress would be enacted or whether such 
action would adversely affect Amendment 8. If the Council had decided 
at that time to delay action until this issue was resolved, it would 
not have had sufficient time to implement an alternative system before 
unrestricted harvest by fishermen aboard permitted reef fish vessels 
would begin on January 1, 1996.
    Finally, the NMFS red snapper stock assessment was not available 
until the Council's November 1995 meeting, thereby preventing any 
possible 

[[Page 19]]
framework implementation of the delayed season by the start of the 
fishing year. The endorsement provisions were implemented as part of 
the FMP. Continuation of the endorsement provisions, therefore, 
requires emergency action, or an additional FMP amendment.
    Given all of these circumstances, emergency action is the only 
option for optimizing the timing of the season opening.

Serious Conservation or Management Problems in the Fishery--
Appropriateness of Emergency Action

    The Council, prior to its September 1995 meeting, announced the 
1996 season as an agenda item for Council action. The general public 
and, in particular, commercial red snapper fishermen, were actively 
involved in the deliberative process of forming the Council request. 
The fishermen endorsed the action to avoid a derby fishery in January 
when prices are lower and unfavorable weather in the Gulf of Mexico is 
more prevalent compared to the Lenten season, which begins in February. 
The Council believes that this emergency interim rule is necessary to 
avoid adverse social and economic impacts and conservation problems 
that could affect stock recovery. The red snapper endorsement system, 
which includes vessel trip limits, terminates on December 31, 1995. 
Without this action, when the commercial red snapper fishery opens, 
permitted vessels will have no restrictions on landing levels. The 
Council believes that this would result in a derby fishery of very 
short duration. Monitoring of landings under these conditions would be 
difficult, increasing the likelihood that the quota would be exceeded. 
The Council is concerned that this would adversely impact stock 
recovery. In addition, fishermen would suffer significant economic 
losses due to lower season ex-vessel prices as demonstrated in previous 
fishing years. Vessel safety would also be jeopardized by the 
competitive pressure to maximize harvest rates despite marginal weather 
conditions that are typical in January.
    To avoid these problems, this emergency interim rule delays the 
season until a more appropriate time, continues the trip limits to 
constrain vessel landings to the total allowable catch, provides for 
better prices, and optimizes yield in the fishery. The immediate 
benefits of the emergency interim rule greatly outweigh the value of 
prior notice and opportunity for public comment which would occur under 
normal rulemaking.
    NMFS concurs with the Council's findings about the emergency and 
the need for immediate regulatory action. Accordingly, NMFS issues this 
emergency interim rule, effective initially for 90 days, as authorized 
by section 305(c) of the Magnuson Act. By agreement between 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.
    The AA finds that failure to implement the actions requested by the 
Council would result in economic hardships, would encourage fishing 
operations during marginal weather conditions, and the resulting rapid 
rate of harvest could contribute to overfishing of red snapper. The 
foregoing constitutes good cause to waive the requirement to provide 
prior notice and the 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 economic and social 
emergencies constitutes good cause under authority contained in 5 
U.S.C. 553(d)(3) to establish an effective date less than 30 days after 
date of publication.
    This emergency interim rule has been determined to be not 
significant for purposes of E.O. 12866.
    This emergency interim rule is exempt from the procedures of the 
Regulatory Flexibility Act because the rule is issued without prior 
notice and opportunity for public comment.

List of Subjects in 50 CFR Part 641

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 21, 1995.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, 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. 641.7, paragraphs (nn) through (qq) are added to read as 
follows:


Sec. 641.7  Prohibitions.

* * * * *
    (nn) During a closure of the commercial fishery for red snapper--
    (1) Exceed the bag and possession limits for red snapper; or
    (2) Purchase, barter, trade, or sell red snapper, or attempt to 
purchase, barter, trade, or sell red snapper--as specified in 
Sec. 641.31(c).
    (oo) Exceed the vessel trip or landing limits for red snapper, as 
specified in Sec. 641.32(a) and (b).
    (pp) Transfer a red snapper at sea, as specified in Sec. 641.32(c).
    (qq) Purchase, barter, trade, or sell, or attempt to purchase, 
barter, trade, or sell, a red snapper possessed or landed in excess of 
a trip or landing limit, as specified in Sec. 641.32(d).
    3. Sections 641.31 through 641.34 are added to read as follows:


Sec. 641.31  Red snapper commercial closures and quota.

    Other provisions of this part 641 notwithstanding, the following 
provisions apply:
    (a) The commercial fishery for red snapper is closed from January 
1, 1996, through January 31, 1996.
    (b) Persons who are fishing under a commercial reef fish permit 
issued under Sec. 641.4, provided they are not subject to the bag 
limits specified in Sec. 641.24, are subject to a quota of 1.00 million 
lb (0.45 million kg) for the period February 1, 1996, through March 31, 
1996. When this quota is reached, or is projected to be reached, the 
Assistant Administrator will file a notification to that effect with 
the Office of the Federal Register. On and after the effective date of 
such notification, through March 31, 1996, the commercial fishery for 
red snapper is closed.
    (c) During a closure of the commercial fishery for red snapper 
under paragraph (a) or (b) of this section, red snapper harvested from 
or possessed in the EEZ, and each vessel for which a currently valid 
commercial reef fish permit has been issued under Sec. 641.4, are 
subject to the following:
    (1) The bag and possession limits, as specified in 
Sec. 641.24(b)(1) and (c); and
    (2) 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. 641.28(a). 
This prohibition does not apply to trade in red snapper taken under the 
commercial quota that were harvested, landed, and bartered, traded, or 
sold prior to the closure.


Sec. 641.32  Red snapper trip limits.

    (a) Except as provided in paragraph (b) of this section, a vessel 
that has on 

[[Page 20]]
board a valid commercial reef fish permit may not possess on any trip 
or land in any day red snapper in excess of 200 lb (91 kg), whole or 
eviscerated.
    (b) A vessel that has on board a valid commercial reef fish permit 
and a valid red snapper endorsement may not possess on any trip or land 
in any day red snapper in excess of 2,000 lb (907 kg), whole or 
eviscerated.
    (c) A red snapper may not be transferred at sea from one vessel to 
another.
    (d) No person may purchase, barter, trade, or sell, or attempt to 
purchase, barter, trade, or sell, a red snapper possessed or landed in 
excess of the trip or landing limits specified in paragraphs (a) and 
(b) of this section.


Sec. 641.33  Red snapper endorsement.

    (a) As a prerequisite for exemption from the trip limit for red 
snapper specified in Sec. 641.32(a), a vessel for which a commercial 
reef fish permit has been issued under Sec. 641.4 must have a red 
snapper endorsement on such permit and such permit and endorsement must 
be aboard the vessel.
    (b) A red snapper endorsement is invalid upon sale of the vessel; 
however, an owner of a vessel with a commercial reef fish permit may 
transfer the red snapper endorsement to another vessel with a 
commercial reef fish permit owned by the same entity by returning the 
existing endorsement with an application for an endorsement for the 
replacement vessel.
    (c) The provisions of paragraph (b) of this section 
notwithstanding, special provisions apply in the event of the 
disability or death of the owner of a vessel with a red snapper 
endorsement or the disability or death of an operator whose presence on 
board the vessel is a condition for the validity of a red snapper 
endorsement.
    (1) In the event that a vessel with a red snapper endorsement has a 
change of ownership that is directly related to the disability or death 
of the owner, the Regional Director may issue a red snapper 
endorsement, temporarily or permanently, with the commercial reef fish 
permit that is issued for the vessel under the new owner. Such new 
owner will be the person specified by the owner or his/her legal 
guardian, in the case of a disabled owner, or by the will or executor/
administrator of the estate, in the case of a deceased owner. (Change 
of ownership of a vessel with a commercial reef fish permit upon 
disability or death of an owner is considered a purchase of a permitted 
vessel and Sec. 641.4(m)(3) applies regarding a commercial reef fish 
permit for the vessel under the new owner.)
    (2) In the event of the disability or death of an operator whose 
presence aboard a vessel is a condition for the validity of a red 
snapper endorsement, the Regional Director may revise and reissue an 
endorsement, temporarily or permanently, to the permitted vessel. Such 
revised endorsement will contain the name of a substitute operator 
specified by the operator or his/her legal guardian, in the case of a 
disabled operator, or by the will or executor/administrator of the 
estate, in the case of a deceased operator. As was the case with the 
replaced endorsement, the presence of the substitute operator aboard 
and in charge of the vessel is a condition for the validity of the 
revised endorsement. Such revised endorsement will be reissued only 
with the concurrence of the vessel owner.


Sec. 641.34  Condition of a permit.

    As a condition of a commercial reef fish permit issued under 
Sec. 641.4, without regard to where red snapper are harvested or 
possessed, a vessel with such permit--
    (a) May not exceed the appropriate vessel trip or landing limit for 
red snapper, as specified in Sec. 641.32(a) and (b); and
    (b) May not transfer a red snapper at sea, as specified in 
Sec. 641.32(c).
[FR Doc. 95-31410 Filed 12-29-95; 8:45 am]
BILLING CODE 3510-22-F