[Federal Register Volume 61, Number 21 (Wednesday, January 31, 1996)]
[Proposed Rules]
[Pages 3369-3371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1945]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 641

[Docket No. 960123012-6012-01; I.D. 011995A]
RIN 0648-AF78


Reef Fish Fishery of the Gulf of Mexico; Red Grouper Size Limits

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

ACTION: Proposed rule; request for comments.

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SUMMARY: In accordance with the Gulf of Mexico Fishery Management 
Council's (Council) proposed regulatory amendment under the framework 
procedure for adjusting management measures of the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), NMFS 
proposes to change the minimum allowable size of red grouper, currently 
20 inches (50.8 cm), to 18 inches (45.7 cm) for persons not subject to 
the bag limit. The intended effect of this rule is to facilitate 
harvest of the annual commercial quota for the shallow-water grouper 
complex, thereby achieving optimum yield.

DATES: Written comments must be received on or before March 1, 1996.

ADDRESSES: Comments on the proposed rule should be sent to Michael E. 
Justen or Robert Sadler, Southeast Region, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702.
    Requests for copies of the regulatory amendment, which includes an 
environmental assessment and a regulatory impact review, and for copies 
of a minority report submitted by five members of the Council, should 
be sent to the Gulf of Mexico Fishery Management Council, 5401 W. 
Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen or 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 Council and is 
implemented by regulations at 50 CFR part 641.

Proposed Management Measures

    The 9.8-million lb (4.4-million kg) shallow-water grouper quota for 
the commercial fishery has not been taken in recent years. The shallow-
water grouper complex includes red grouper, which historically (1986-
91) comprised 62 percent of the commercial catch before the current 
minimum size limit became effective on February 21, 1990. Grouper 
fishermen testifying to the Council requested the proposed reduction in 
the minimum allowable size of red grouper from 20 inches (50.8 cm) to 
18 inches (45.7 cm) for persons not subject to the bag limit to 
facilitate the harvest of the quota. These fishermen also noted that 
wastage occurred in the fishery from discarding dead 18- and 19-inch 
fish and from using undersized grouper for bait. Utilization of 
undersized grouper for bait is illegal since Sec. 641.7(f) prohibits 
the possession of fish smaller than the minimum size limit. Most of 
these hidden sources of fishing mortality would be counted against the 
quota under an 18-inch minimum size limit, thereby providing a more 
accurate estimate of fishing mortality.
    The Council reviewed a red grouper stock assessment completed in 
September 1994 by the Southeast Fisheries Science Center, NMFS, 

[[Page 3370]]
indicating that the spawning potential ratio (SPR) is above the 20 
percent level, the threshold below which the stock would be considered 
overfished. At its November 1994 meeting, the Council voted to reduce 
the commercial and recreational minimum size limit for red grouper to 
18 inches (45.7 cm) and subsequently submitted a regulatory amendment 
to NMFS for review, approval, and implementation. NMFS informed the 
Council that the regulatory amendment would be held in abeyance until 
the Council considered new scientific information regarding the effects 
of the proposed change in size limits on the stock.
    The Council accepted public comment on the new scientific 
information and the red grouper size limit issue in two hearings on 
March 9, 1995, and also at its March 13-16, 1995, meeting. After 
considering the public testimony and recommendations of its Stock 
Assessment Panel (SAP), and Scientific and Statistical Committee (SSC), 
the Council approved a red grouper minimum size of 20 inches (50.8 cm) 
for the recreational sector and 18 inches (45.7 cm) for commercial 
sector. The Council subsequently submitted a revised regulatory 
amendment (first revised) to NMFS for review, approval, and 
implementation.
    On April 12, 1995, NMFS rejected the revised regulatory amendment 
primarily because of the uncertainty of the impacts the reduced 
commercial size limit would have on the long-term productivity of the 
stock. Given uncertainties at that time with the available scientific 
information about the condition of the red grouper resource, NMFS 
informed the Council that approval of the measure would pose an 
unacceptable risk of allowing overfishing.
    The Council voted at its meeting of July 17-20, 1995, in Key West, 
Florida, to submit to NMFS another revised regulatory amendment (second 
revised) proposing the change in the commercial minimum size limit. The 
Council's action was based on its review of new scientific information 
available since NMFS' disapproval of the first revised regulatory 
amendment. Also, the Council's action was based on a review of the new 
information by its Scientific and Statistical Committee (SSC) and Reef 
fish Stock Assessment Panel. After considering the new information, the 
SSC withdrew its previous opposition to the 18-inch size limit for the 
commercial fishery.
    For the second revised regulatory amendment that this rule would 
implement, the Council determined that the less restrictive commercial 
size limit of 18 inches (45.7 cm) is needed to achieve harvest of red 
grouper at the optimum yield level on an annual basis while ensuring 
that the SPR remains above 20 percent. In addition, the Council expects 
that movement of fishing effort to nearshore waters, where smaller red 
grouper are more common, will reduce operating costs in the fishery.
    The Council's recommended changes are within the scope of the 
management measures that may be adjusted under the FMP's framework 
procedure referred to at 50 CFR 641.28; accordingly, the Council's 
proposal is published herein for comment. Consistent with the framework 
procedures, the Director, Southeast Region, NMFS, will make a final 
decision regarding whether the proposed action is consistent with the 
objectives of the FMP, the National Standards and other provisions of 
the Magnuson Fishery Conservation and Management Act, and other 
applicable law after considering the public comment received on the 
proposed rule and regulatory amendment. If this decision is 
affirmative, he will approve the regulatory amendment and forward an 
implementing final rule for publication in the Federal Register.

Comments Requested

    Since the Council adopted the first revised regulatory amendment in 
March 1995, NMFS has received more than 200 comments from recreational 
and commercial fishermen, representatives of environmental interests 
groups, and interested members of the public expressing their views 
about the proposed minimum size reduction for the Gulf of Mexico 
commercial red grouper fishery. This rule invites additional public 
comments on the Council's proposal. On July 20, 1995, the Council took 
final action to adopt the second revised regulatory amendment. Those 
parties who have provided NMFS with comments since July 20, 1995, on 
the appropriate commercial minimum size limit for red grouper need not 
repeat their comments during the comment period on this rule. NMFS will 
consider these earlier comments in taking final action on the Council's 
proposal.
    While NMFS is inviting comments on all relevant aspects of the 
reduced commercial fishery minimum size limit, comments are 
specifically invited on the following concerns that reflect issues 
raised by public comments to date: (1) What are the long- and short-
term economic and social effects of the proposed rule on the commercial 
and recreational fishing sectors? (2) What are the possible conflicts 
between the commercial and recreational fishing sectors that may result 
from having different size limits for each sector, particularly where 
the smaller size limit for the commercial fishery may result in its 
harvesting more of the resource than in the past? (3) Is use of an 18-
inch (45.7-cm) minimum size limit for the commercial fishery consistent 
with the Magnuson Act's National Standards and with the FMP's 
management objectives, particularly with FMP Objective 4 that calls for 
minimizing conflicts between user groups of the resource and with 
Objective 2 (under FMP Amendment 8) that calls for avoiding, to the 
extent practicable, the derby-type fishing season? (4) What are the 
associated difficulties with enforcing different minimum size limits 
for the commercial and recreational sectors and different commercial 
fishery size limits for Federal and adjacent state waters (i.e., 18 
inches in the EEZ and 20 inches in Florida's waters)? NMFS is 
particularly interested in any data or other reliable information that 
would substantiate public views regarding the expected impacts of this 
proposal.

Minority Report

    A minority report signed by five Council members raises numerous 
objections and concerns about: (1) Difficulties of enforcing different 
red grouper size limits for Federal and state waters; (2) adverse 
impacts in the marketplace based on the expected increased rate of red 
grouper landings; and (3) inconsistency with several of the Magnuson 
Act's National Standards and with the FMP's management objectives. 
Copies of the minority report are available (see ADDRESSES). If issued, 
a final rule will respond to: (1) Comments received by NMFS since July 
20, 1995, on the appropriate minimum commercial size limit for red 
grouper, (2) the minority report, and (3) comments received by NMFS 
during the comment period on this proposed rule and regulatory 
amendment.

Additional Measure Proposed by NMFS

    Section 641.4(a)(1)(i) specifies that a vessel permit is required 
as a prerequisite to selling reef fish. NMFS proposes a revision of the 
prohibition at Sec. 641.7(s) regarding the sale of fish without a 
vessel permit to provide a specific reference to Sec. 641.4(a)(1)(i) in 
this regard.

Classification

    This proposed rule has been determined to be not significant under 
E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 


[[Page 3371]]
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities, because it would not reduce annual gross revenues, 
increase production costs or Federal compliance costs, or force small 
business entities to cease operation. As a result, a regulatory 
flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 641

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 25, 1996.

Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 641 is 
proposed to be amended as follows:

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

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

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

    2. In Sec. 641.7, paragraph (s) is revised to read as follows:


Sec. 641.7  Prohibitions.

* * * * *
    (s) Purchase, barter, trade, or sell, or attempt to purchase, 
barter, trade, or sell, a reef fish harvested aboard a vessel for which 
a valid permit has not been issued, as specified in 
Sec. 641.4(a)(1)(i), or possessed under the bag limits, as specified in 
Sec. 641.24(g).
* * * * *
    3. In Sec. 641.21, paragraphs (a)(2) through (a)(6) are revised and 
paragraph (a)(7) is added to read as follows:


Sec. 641.21  Harvest limitations.

    (a) * * *
    (2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm) 
total length.
    (3) Lane and vermilion snappers--8 inches (20.3 cm) total length.
    (4) Red grouper--20 inches (50.8 cm) total length for a fish taken 
by a person subject to the bag limit specified in Sec. 641.24(b)(3) and 
18 inches (45.7 cm) total length for a fish taken by a person not 
subject to the bag limit.
    (5) Nassau, yellowfin, and black groupers and gag--20 inches (50.8 
cm) total length.
    (6) Greater amberjack--28 inches (71.1 cm) fork length for a fish 
taken by a person subject to the bag limit specified in 
Sec. 641.24(b)(4) and 36 inches (91.4 cm) fork length, for a fish taken 
by a person not subject to the bag limit.
    (7) Black sea bass--8 inches (20.3 cm) total length.
* * * * *
[FR Doc. 96-1945 Filed 1-30-96; 8:45 am]
BILLING CODE 3510-22-F