[Federal Register Volume 61, Number 163 (Wednesday, August 21, 1996)] [Proposed Rules] [Pages 43215-43217] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-21260] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 950810206-6225-05; I.D. 070296D] RIN 0648-AG29 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 12 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule, request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS issues this proposed rule to implement certain provisions of Amendment 12 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). Amendment 12 would reduce the minimum size limit for red snapper harvested in the commercial fishery and eliminate a scheduled, automatic size limit increase for the commercial red snapper fishery in 1998; establish a minimum size limit for banded rudderfish and lesser amberjack taken under the bag limits; establish a bag limit for banded rudderfish, greater amberjack, and lesser amberjack, combined, of one fish; and establish a 20-fish aggregate bag limit for reef fish species for which there are no other bag limits. Based on a preliminary evaluation of Amendment 12, NMFS disapproved the minimum size limit measures for red snapper harvested in the commercial fishery because those measures were determined to be inconsistent with the Magnuson Fishery Conservation and Management Act (Magnuson Act). The proposed rule would implement the remaining measures in Amendment 12. The intended effects of the proposed rule are to provide additional protection for greater amberjack, lesser amberjack, and banded rudderfish, conserve reef fish, and enhance enforceability of the regulations. DATES: Written comments must be received on or before September 30, 1996. ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler, Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. Requests for copies of Amendment 12, which includes an environmental assessment and a regulatory impact review (RIR), should be sent to the Gulf of Mexico Fishery Management Council, 5401 West Kennedy Boulevard, Suite 331, Tampa, FL, 33609, PHONE 813-228-2815; FAX: 813-225-7015. 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 through regulations at 50 CFR part 622 under the authority of the Magnuson Act. Disapproval of the Red Snapper Minimum Size Limit Changes Amendment 5 to the FMP established a schedule of increases in the red snapper minimum size limit for the commercial and recreational sectors. The schedule included an increase from 14 inches (35.6 cm) to 15 inches (38.1 cm), effective January 1, 1996, and from 15 inches (38.1 cm) to 16 inches (40.6 cm), scheduled to become effective January 1, 1998. Under Amendment 12 and a regulatory amendment under the FMP framework procedure for adjusting management measures, the Council proposed to reduce the minimum size limit for red snapper harvested in the commercial fishery from 15 inches (38.1 cm) to 14 inches (35.6 cm) and to eliminate the automatic increase to 16 inches (40.6 cm) scheduled for January 1, 1998. Based on a preliminary evaluation of the regulatory amendment and Amendment 12, NMFS concluded that the proposed size limit measures for red snapper were inconsistent with national standard 1 of the Magnuson Act. Accordingly, NMFS disapproved these size limit measures and has not included them in this proposed rule. Additional discussion regarding disapproval of those measures was included in the proposed rule (61 FR 42413, August 15, 1996) for the regulatory amendment and is not repeated here. Bag and Size Limits for Amberjack and Related Species Greater amberjack, lesser amberjack, and banded rudderfish are very similar morphologically, particularly at smaller sizes. Taxonomic guides are available to differentiate these species, but require detailed comparisons of gill rakers and other fish body parts. Consequently, it is difficult for many fishermen to distinguish among these three species. Confusion regarding species identification has complicated compliance, as well as enforcement and prosecution of applicable size and bag limits. Currently, for recreational fishermen, a three-fish bag limit and a 28-inch (71.1-cm) fork length minimum size limit apply to greater amberjack, but not to the morphologically similar lesser amberjack and banded rudderfish. As a result, some persons who misidentify undersized greater amberjack as lesser amberjack or banded rudderfish mistakenly land those fish in violation of the current size and/or bag limits. There is also concern that some fishermen are deliberately landing undersized greater amberjack under the guise that they are lesser amberjack or banded rudderfish. Because enforcement is sometimes confounded by the species identification problem, compliance with the size and bag limits is being circumvented. The Council and its Law Enforcement Advisory Panel believe that uniform [[Page 43216]] recreational limits for greater amberjack, lesser amberjack, and banded rudderfish are needed to resolve the compliance and enforcement problems associated with the species identification problem. Therefore, for recreational fishermen (i.e., persons subject to the bag limit), this proposed rule would establish a 28-inch (71.1-cm) fork length minimum size for lesser amberjack and banded rudderfish, the same as the existing size limit for greater amberjack. The proposed uniform size limit will severely restrict recreational harvest of lesser amberjack and banded rudderfish because these species rarely attain 28- inch (71.1-cm) fork length. However, the Council determined that the conservation benefits resulting from improved compliance and effective enforcement of a 28-inch (71.1-cm) size limit would outweigh any adverse effects associated with reduced recreational harvest of lesser amberjack and banded rudderfish. The Council's Reef Fish Advisory Panel recommended a reduction in the current three-fish recreational bag limit for greater amberjack to address their conclusion that the greater amberjack resource has declined in abundance. A majority of persons testifying at the public hearings also supported a reduced bag limit. Based on this information, and in recognition of the need for uniform limits for the three related species, the Council is proposing a one-fish bag limit for greater amberjack, lesser amberjack, and banded rudderfish, combined. Aggregate Reef Fish Bag Limit Currently, reef fish species not subject to bag limits may be possessed in unlimited quantities. This could provide an incentive for recreational fishermen to harvest large quantities of these species and sell their catch. The Council concluded that conservation of the reef fish resource would be better achieved by limiting recreational catches of reef fish species that currently do not have a bag limit. A 20-fish aggregate bag limit will prevent an uncontrolled increase in harvest of these reef fish species. The Council considered the 20-fish bag limit to be a reasonable limit that would have relatively minor impacts on the majority of anglers. Availability of Amendment 12 Additional background and rationale for the measures discussed above are contained in Amendment 12, the availability of which was filed with the Office of the Federal Register on August 13, 1996 (to be announced in the Federal Register on August 19, 1996). Agency review of Amendment 12 began on July 2, 1996. Classification Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish regulations proposed by a Council. NMFS has disapproved the size limit provisions, as discussed above, and has not determined at this time that the remaining provisions of Amendment 12 are consistent with the national standards, other provisions of the Magnuson Act, and other applicable laws. NMFS, in making that determination, will take into account the data, views, and comments received during the comment period. This proposed rule has been determined to be not significant for purposes of E.O. 12866. The Assistant General Counsel for Legislation and Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration as follows: I certify that the attached proposed rule issued under authority of section 304(a) of the Magnuson Fishery Conservation and Management Act will not have a significant economic impact on a substantial number of small entities. As submitted by the Gulf of Mexico Fishery Management Council, Amendment 12 to the FMP and its implementing proposed rule would: Reduce the minimum size limit for red snapper harvested in the commercial fishery from 15 inches to 14 inches and eliminate the scheduled, automatic adjustment to 16 inches in 1998; establish a minimum size limit of 28 inches fork length for banded rudderfish and lesser amberjack taken under the bag limits; establish a bag limit for banded rudderfish, greater amberjack, and lesser amberjack, combined, of one fish; and establish a 20-fish aggregate bag limit for reef fish species for which there are no other bag limits. Based on a preliminary evaluation of Amendment 12, the National Marine Fisheries Service (NMFS) disapproved the proposed size limit measures for red snapper after finding them inconsistent with the Magnuson Fishery Conservation and Management Act's national standard 1. The disapproved measures are not included in the proposed rule. The Council's regulatory impact review (RIR) indicated that the proposed red snapper size limit measures may have significant, positive economic impacts on all of the 1,532 active permitted reef fish vessels. However, these size limit measures were disapproved by NMFS. Based on the Council's RIR, NMFS has determined that the proposed commercial minimum size and bag limit measures affecting the harvest of greater and lesser amberjack and banded rudderfish would: (1) Decrease gross revenues less than 5 percent in the affected for-hire sector, which is comprised of 838 charter vessels and 92 headboats; (2) impose additional compliance costs on the for- hire vessels that are not likely to exceed 5 percent of current operation costs; (3) not result in issues of big versus small business operations with associated distributional/regional economic effects or disproportionate effects on capital costs of compliance because all participants in the commercial reef fish fishery and the for-hire sector may be considered small business entities; and (4) would not force small business entities to cease operations. Based on these findings, an initial regulatory flexibility analysis was not prepared. List of Subjects in 50 CFR Part 622 Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping requirements, Virgin Islands. Dated: August 15, 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. 622.37, paragraph (d)(5) is revised to read as follows: Sec. 622.37 Minimum sizes. * * * * * (d) * * * (5) Jacks--(i) For banded rudderfish, greater amberjack, and lesser amberjack taken by a person subject to the bag limit specified in Sec. 622.39(b)(1)(i)--28 inches (71.1 cm) fork length. (ii) For greater amberjack taken by a person not subject to the bag limit specified in Sec. 622.39(b)(1)(i)--36 inches (91.4 cm) fork length. (iii) For banded rudderfish and lesser amberjack taken by a person not subject to the bag limit specified in Sec. 622.39(b)(1)(i)--no minimum size limit. * * * * * 3. In Sec. 622.39, paragraph (b)(1)(i) is revised, and paragraph (b)(1)(v) is added to read as follows: Sec. 622.39 Bag and possession limits. * * * * * (b) * * * (1) * * * (i) Banded rudderfish, greater amberjack, and lesser amberjack, combined--1. * * * * * [[Page 43217]] (v) Gulf reef fish, combined, excluding those specified in paragraphs (b)(1)(i) through (iv) of this section--20. * * * * * [FR Doc. 96-21260 Filed 8-16-96; 2:14 pm] BILLING CODE 3510-22-F