[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Proposed Rules]
[Pages 42413-42415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20810]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 960807218-6218-01; I.D. 072996D]
RIN 0648-AG89


Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement certain provisions 
of a regulatory amendment prepared by the Gulf of Mexico Fishery 
Management Council (Council) in accordance with framework procedures 
for adjusting management measures of the Fishery Management Plan for 
the Reef Fish Resources of the Gulf of Mexico (FMP). The regulatory 
amendment would increase the annual commercial quota for red snapper; 
reopen the commercial red snapper fishery on September 15, 1996, to 
allow harvest of the remainder of the 1996 quota; split the 1997 
commercial quota between two seasons, the first beginning on February 1 
with a quota of 3.06 million lb (m lb) (1.39 million kg (m kg)) and the 
second beginning on September 15, 1997, with a quota equal to the 
unharvested balance of the annual commercial quota; extend the 
rebuilding schedule for red snapper; and increase the total allowable 
catch (TAC) of red snapper. The intended effect of this proposed rule 
is to maximize the economic benefits from the red snapper resource 
within the constraints of the rebuilding program for this overfished 
resource.

DATES: Written comments must be received on or before August 30, 1996.

ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler, 
Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.
    Requests for copies of the framework regulatory amendment, which 
includes an addendum, environmental assessment, a regulatory impact 
review (RIR), and an initial regulatory flexibility analysis (IRFA), 
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: 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 622 under the authority of 
the Magnuson Fishery Conservation and Management Act (Magnuson Act).

Disapproval of Proposed Size Limit Reductions

    The regulatory amendment submitted by the Council would have 
reduced the minimum size limit for red snapper taken under the 
commercial quota from 15 inches (38.1 cm) to 14 inches (35.6 cm), and 
eliminated the FMP's automatic size limit increase to 16 inches (40.6 
cm) scheduled for January 1, 1998. Based on a preliminary evaluation of 
the regulatory amendment, NMFS concluded that these proposed measures 
are inconsistent with National Standard 1 of the Magnuson Act and the 
agency's policy of risk-averse decision-making. National Standard 1 
requires that conservation and management measures prevent overfishing. 
The agency's risk-averse policy requires that NMFS give the benefit of 
the doubt to conservation of the fishery resource in situations 
involving scientific or other uncertainty about the effects of 
management actions on the resource. Recovery of the red snapper stock 
under the FMP's management program is contingent upon achieving a 50-
percent reduction in shrimp trawl bycatch of juvenile red snapper 
beginning in 1997. In the absence of actually achieving the required 
level of reduction of shrimp trawl bycatch mortality, NMFS concluded 
that the proposed size limit measures could adversely affect rebuilding 
of the stock. In addition, NMFS believes that the proposed size limit 
measures may be inconsistent with

[[Page 42414]]

the Magnuson Act's National Standard 6, which states that conservation 
and management measures shall take into account and allow for 
variations among, and contingencies in, fisheries, fishery resources, 
and catches. Accordingly, NMFS has disapproved these size limit 
provisions and has not included them in this proposed rule.

Extension of the Red Snapper Recovery Schedule

    The 1995 red snapper stock assessment, prepared by NMFS' Southeast 
Fisheries Science Center, concluded that (1) the species lives longer 
than previously believed (estimated now at up to 53 years rather 42 
years), and (2) that the natural mortality rate is lower than 
previously estimated (0.10 rather than 0.20). As a result of the 
revised estimates of the natural life span and the natural mortality 
rate, the estimate of generation time increased from 13.6 to 19.6 
years. Based on these new scientific findings, and on the FMP's 
specification of a recovery time period for the overfished red snapper 
resource that cannot exceed 1.5 times the unfished generation time, the 
Council has proposed to change the target date for recovery of the 
resource from 2009 to 2019.

Red Snapper TAC

    Based on a revised target year of 2019 for rebuilding the red 
snapper stock and on other aspects of the 1995 red snapper stock 
assessment, the Council's Reef Fish Stock Assessment Panel recommended 
an allowable biological catch (ABC) range for red snapper of 6.00 to 
10.00 m lb (2.63 to 4.38 m kg) assuming the shrimp trawl bycatch of 
juvenile red snapper is reduced by at least 50 percent beginning in 
1997. Based on the current technology of bycatch reduction devices, the 
Council believes the required red snapper bycatch reductions can be 
achieved in the required time frame. Based on the FMP's framework 
procedure, the Council has selected a new red snapper TAC of 9.12 m lb 
(4.13 m kg), which is within the revised ABC range as required by the 
FMP.
    NMFS has concerns regarding the proposed increase in the TAC since 
the acceptable impacts of this measure on stock recovery depend upon 
achieving the 50-percent red snapper bycatch reduction goal in 1997. 
Comments on this aspect of the proposed TAC are specifically invited.

Commercial Quota, Season, and Recreational Allocation for Red 
Snapper

    Based on the FMP's 51:49 ratio for allocating between the 
commercial and recreational fisheries, a TAC of 9.12 m lb (4.13 m kg) 
would result in a commercial quota of 4.65 m lb (2.10 m kg) and a 
recreational allocation of 4.47 m lb (2.03 m kg). The commercial 
fishery is managed primarily based on a minimum size limit, an annual 
quota enforced by a fishery closure when the quota is attained, and 
specialized permitting provisions. The recreational fishery is managed 
primarily by a minimum size limit and a daily bag limit. The proposed 
recreational fishery allocation would not require any changes to the 
current recreational bag limit of five red snapper per person per day 
or the current minimum size limit of 15 inches (38.1 cm).
    Without the regulatory amendment measures as proposed in this rule, 
the commercial fishery would remain closed until January 1, 1997, the 
start of the new fishing year. The Council proposes that NMFS reopen 
the commercial fishery on September 15, 1996, to allow harvest of the 
remainder of the increased 1996 quota (i.e., 1.59 m lb (0.72 m kg) to 
be adjusted based on actual catches during the 1996 spring season).
    In a related action, Amendment 13 to the FMP, the Council proposed 
to extend the red snapper vessel permit endorsement and trip limit 
system and suspend implementation of the red snapper individual 
transferable quota (ITQ) system approved under Amendment 8. Without 
suspension of the ITQ system, the commercial fishery for red snapper 
would have to operate under the ITQ provisions that require issuance of 
ITQ coupons to authorize harvest or possession of red snapper. As 
explained in the proposed rule for Amendment 13 (61 FR 32422, June 24, 
1996), NMFS is prohibited from implementing the ITQ system at this 
time. Accordingly, the opening of the commercial fishery on September 
15, 1996, under the provisions of this proposed rule is contingent on 
implementation of Amendment 13 through final regulations effective on 
or before September 15. NMFS approved Amendment 13 on August 9, 1996, 
and expects to issue implementing final regulations shortly.
    This rule also would split the 1997 commercial quota between two 
seasons, the first beginning on February 1 with a quota of 3.06 m lb 
(1.39 m kg) and the second beginning on September 15, 1997, to allow 
harvest of the remainder of the total annual 4.65-m lb (2.11-m kg) 
quota. The split seasons are designed to provide for harvest when 
market demand for fresh fish is high. More stable prices are expected 
under the split seasons, which would provide net economic benefits to 
the fishery. The anticipated closed fishery period in 1997 is expected 
to prevent commercial harvest of red snapper in Federal waters during 
the May to September spawning season.
    In the event of implementation of the ITQ system (or of any 
alternative controlled access system) for the 1997 fishing year, the 
Council intends that the split season for 1997 not be in effect. 
Therefore, the provisions for a split season in 1997, as contained in 
this rule, may be modified by future rulemaking in the event of 
implementation of a controlled access system for the red snapper 
commercial fishery.

Action on the Recommended Changes

    The Council's recommended changes are within the scope of the 
management measures that may be adjusted by the framework procedure 
specified in the FMP. The Director, Southeast Region, NMFS, initially 
concurs that the Council's recommended measures, except for the size 
limit measures, are consistent with the objectives of the FMP, the 
National Standards, and other applicable law. Accordingly, the 
Council's recommended changes, except for the size limit measures, are 
published for comment. Final determinations will be made following 
review of all information and comments on the proposed rule.

Classification

    This proposed rule has been determined to be not significant under 
E.O. 12866.
    The Council prepared an IRFA, as part of the RIR, which describes 
the expected impacts of the proposed regulatory amendment measures on 
small entities, if adopted. A copy of the RIR/IRFA is available from 
the Council (see ADDRESSES). The IRFA is summarized as follows. The 
proposed management measures directly affect all of the estimated 1,532 
small businesses engaged in the commercial harvesting of red snapper as 
well as the 838 charter vessels and 92 headboats in the for-hire 
business. A substantial number of small business entities, therefore, 
will be affected. The larger commercial fishery quota should result in 
increased gross commercial harvesting revenues in excess of 5 percent. 
The increased recreational fishery allocation should provide a 
sufficient allowable catch to

[[Page 42415]]

avoid reductions in the current level of recreational fishery 
participation, i.e., no changes should be necessary in the recreational 
fishery bag limit. Charter vessel and headboat operators may not 
experience increases in gross revenues with the increased recreational 
fishery allocation; without the increased allocation, additional 
recreational fishery restrictions would have been required. The 
extension of the red snapper recovery period will have indirect, but 
measurable, effects on fishing revenues or costs--such effects will be 
the proximate result of the revised TAC. The delayed season should 
slightly increase gross revenues for the commercial sector. While the 
split-season is expected to result in increased revenues to the 
fishery, the magnitude of such effects cannot be quantified at this 
time. Nevertheless, the best estimate is that such effects will not 
exceed 5 percent of gross revenues. Neither the commercial nor the 
recreational sectors should incur increases in production costs or in 
costs of complying with the regulations. Considering that the expected 
impacts involve increases in gross revenues without increases in 
operating or compliance costs, no existing businesses are expected to 
cease operation as a result of this rule. Overall, the proposed actions 
would have a positive and significant economic effect on a substantial 
number of small business entities. This action does not revise existing 
or establish any new reporting, recordkeeping, or other compliance 
requirements. Disapproval of the proposed size limit measures does not 
change these findings of the IRFA.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: August 9, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be amended as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

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

    2. In Sec. 622.34, paragraph (l) is added to read as follows:


Sec. 622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (l) 1997 closure of the commercial fishery for red snapper. From 
January 1 through 31, 1997, red snapper in or from the Gulf EEZ, and 
each vessel for which a commercial permit for Gulf reef fish has been 
issued, as required under Sec. 622.4(a)(2)(v), is subject to the bag 
and possession limits, as specified in Sec. 622.39(b)(1)(iii) and 
(b)(2), respectively, and to the prohibition on sale or purchase of red 
snapper possessed under the bag limit, as specified in 
Sec. 622.45(c)(1).
    3. In Sec. 622.42, paragraph (a)(1) is revised to read as follows:


Sec. 622.42  Quotas.

* * * * *
    (a) * * *
    (1) Red snapper--4.65 million lb (2.11 million kg), round weight, 
apportioned in 1996 and 1997 as follows:
    (i) 3.06 million lb (1.39 million kg) available February 1, 1996, 
and February 1, 1997; and
    (ii) The remainder available September 15, 1996, and September 15, 
1997.
* * * * *
[FR Doc. 96-20810 Filed 8-14-96; 8:45 am]
BILLING CODE 3510-22-F