[Federal Register Volume 61, Number 180 (Monday, September 16, 1996)]
[Rules and Regulations]
[Pages 48641-48643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23584]


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DEPARTMENT OF COMMERCE
50 CFR Part 622

[Docket No. 960807218-6244-02; I.D. 072996D]
RIN 0648-AG89


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
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: Final rule.

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SUMMARY: NMFS issues this final rule to implement the approved 
provisions of a regulatory amendment prepared by the Gulf of Mexico 
Fishery Management Council (Council) in accordance with the framework 
procedure for adjusting management measures of the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The 
approved provisions of the regulatory amendment: 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, 1997, 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 action is to maximize the economic benefits from the red 
snapper resource while extending for 10 years the rebuilding program 
for this overfished resource.

EFFECTIVE DATE: October 16, 1996, except that the amendment to 
Sec. 622.42(a)(1) is effective September 15, 1996.

ADDRESSES: Requests for copies of the final regulatory flexibility 
analysis (FRFA) should be sent to Robert Sadler, Southeast Region, 
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.

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).
    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 measures were 
inconsistent with the Magnuson Act and the agency's policy of risk-
averse decision-making. NMFS published a proposed rule to implement the 
remaining measures measures of the regulatory amendment (61 FR 42413, 
August 15, 1996). The rationale for the remaining measures, as well as 
the reasons for the disapproval of the size limit measures, are 
contained in the preamble of the proposed rule and are not repeated 
here. After considering the public comment received on the proposed 
rule, NMFS approved the remaining measures of the Council's proposal 
and is issuing this final rule to give effect to them.

Comments and Responses

    Twenty-three comments were received from the public. These comments 
are summarized below followed by the agency response. The comments and 
responses are grouped by general subject heading.

Disapproved Measures Regarding the Commercial Fishery Minimum Size 
Limit

    Comment: Four commenters supported the Council's proposed measures 
for decreasing the minimum size limit for the commercial red snapper 
fishery from 15 to 14 inches and eliminating the automatic increase 
from 15 to 16 inches scheduled for 1998. One commenter supported the 
proposed 15-inch size limit but opposed the scheduled change to 16 
inches in 1998. One commenter opposed both size limit measures.
    Response: NMFS acknowledges these comments on the size limit 
measures as contained in the Council's proposed regulatory amendment. 
NMFS refers the reader to the above explanation of the agency's 
disapproval of the size limit measures.

Increase in TAC and Reopening of the Commercial Fishery

    Comment: Six commenters opposed the proposed increase in TAC and/or 
the proposed reopening of the commercial fishery. Each of the opposing 
commenters expressed various concerns that the actions would prevent 
recovery of the overfished resource by the year 2019.
    Response: NMFS disagrees with these commenters because the proposed 
TAC is within the allowable biological catch range as required under 
the FMP's framework procedure. Implementation of the TAC, in 
combination with the 50-percent reduction in shrimp trawl bycatch of 
juvenile red snapper beginning in 1997, is expected to achieve recovery 
of the red snapper resource consistent with the revised rebuilding 
schedule.
    Comment: Twelve commenters supported both the increased TAC and 
reopening of the commercial fishery and stated that such action would 
increase economic benefits to the commercial fishery while maintaining 
the stock rebuilding schedule. A commenter supported both the increased 
TAC and reopening of the commercial fishery and stated that such action 
would allow continuation of the recreational catch limits and thereby 
stabilize the fishery while achieving the recovery goals.
    Response: NMFS agrees.

Probability of Achieving Necessary Bycatch Reduction

    Comment: Seven commenters supported taking action to ensure the 50-
percent reduction in shrimp trawl bycatch of juvenile red snapper that 
is necessary for recovery of the red snapper stock. Three commenters 
stated

[[Page 48642]]

that the 50-percent reduction already may have been achieved by a 
combination of factors, including reduced shrimping effort and 
additional red snapper abundance in areas avoided by shrimp trawlers.
    Response: NMFS believes that some reduction in shrimp trawl bycatch 
of juvenile red snapper already may have occurred. NMFS believes that 
the target 50-percent reduction beginning in 1997 is achievable, based 
on the available bycatch reduction technology, and the commitment of 
the Council to take action to meet that target.

Extension of the Rebuilding Target Year from 2009 to 2019

    Comment: Two commenters stated the extension was unjustified 
because it was not supported by available data and was contrary to the 
recovery of the overfished red snapper stock.
    Response: The determination that the rebuilding target date may, 
consistent with the FMP, be extended to a date as late as 2019 is 
consistent with the best available scientific information. The 
Council's choice of the year 2019 is expected to minimize adverse 
socioeconomic impacts on commercial and recreational fishery 
participants while achieving stock recovery consistent with provisions 
of the FMP.
    Comment: Seven commenters supported the proposed rebuilding 
schedule extension as appropriate and beneficial, based on the 
recovering status of the resource.
    Response: NMFS acknowledges the commenters' support for this 
measure, but wants to make clear the reasons why NMFS approved this 
measure. Based on new scientific findings, NMFS's 1995 red snapper 
stock assessment concluded that this species has a longer life span and 
a lower natural mortality rate than previously estimated. These factors 
are used to estimate the generation time for red snapper. Accordingly, 
the revised estimate of the generation time was 19.6 years as opposed 
to the earlier estimate of 13. 6 years (refer to the proposed rule 
preamble for a more detailed discussion). The FMP's framework procedure 
for annual adjustments in red snapper TAC and other related measures 
specifies that the stock rebuilding time for red snapper cannot exceed 
1.5 times the estimate of generation time. Based on new calculations, 
the outer limit for the stock rebuilding date was changed from 2009 to 
2019. In determining the new rebuilding period for red snapper, and 
consistent with its prior decision regarding the 2009 target date, the 
Council chose the outer limit allowed by the FMP in order to minimize 
adverse socioeconomic impacts on resource users. The longer the stock 
recovery time, the less restrictive the TAC must be to ensure stock 
recovery.

Relation of Amendment 13 to This Rule

    In FMP Amendment 13, the Council proposed, and NMFS approved, an 
extension of the red snapper vessel permit endorsement and trip limit 
system and suspension of implementation of the red snapper individual 
transferable quota (ITQ) system approved under Amendment 8. As 
explained in the proposed rule for Amendment 13 (61 FR 32422, June 24, 
1996), NMFS is prohibited from implementing the ITQ system for the 
foreseeable future. NMFS intends to issue the final rule implementing 
Amendment 13 to be effective on September 15, 1996. Accordingly, when 
the commercial fishery for red snapper opens on September 15 under the 
provisions of this final rule, the fishery will be subject to the red 
snapper vessel permit endorsement and trip limit system.

Classification

    This final rule has been determined to be not significant under 
E.O. 12866.
    The Council prepared an Initial Regulatory Flexibility Analysis 
(IRFA) that described the expected significant economic effects on a 
substantial number of the small business entities engaged in harvesting 
the reef fish resources in the Gulf of Mexico. Following public 
comment, NMFS prepared a Final Regulatory Flexibility Analysis (FRFA). 
The FRFA noted that there were no public comments on the IRFA and 
consequently no changes have been made in the economic analysis. The 
FRFA finds that the regulatory changes are needed since they will allow 
for a major increase in revenues. The increase in revenues will occur 
because the allowable catch of red snapper will be increased by about 
50 percent through this final rule; this result will meet the objective 
of maximizing benefits from the fishery in concert with an orderly 
rebuilding of the overfished red snapper resource. The increased 
catches will provide significant benefits in terms of increased 
revenues to a substantial number of the 1,532 commercial vessels in the 
fishery as well as to a portion of the 930 for-hire (838 charter and 92 
headboat) vessels. Each of these categories is comprised entirely of 
small business entities. The FRFA also confirms that the rule does not 
create any additional reporting, recordkeeping or other compliance 
requirements. Finally, the FRFA indicates that a set of alternative 
regulatory actions, including no-action alternatives, were considered 
and rejected by the Council on the basis that the alternatives did not 
provide the level of benefits available to small business entities that 
will be afforded by the actions implemented by this rule. Since there 
were no adverse economic effects on small entities under all considered 
alternatives to the status quo, the agency took no specific action to 
minimize the impacts of the proposed and approved measures. The overall 
conclusion of the FRFA is that this rule will have a significant 
positive economic impact on a substantial number of the small entities 
engaged in the harvest of Gulf of Mexico reef fish resources. Copies of 
the FRFA are available (see ADDRESSES).
    The measures in this final rule that increase the commercial quota 
for red snapper and reopen the commercial fishery for red snapper on 
September 15, 1996, constitute a substantive rule that relieves a 
restriction. Therefore, as authorized under 5 U.S.C. 553(d)(1), a 30-
day delay in effectiveness of these measures is not required.

List of Subjects in 50 CFR Part 622

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

    Dated: September 10, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 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, effective October 16, 1996, 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, the possession of red snapper in or from 
the Gulf EEZ and on board a vessel for which a commercial permit for 
Gulf reef fish has been issued, as required under Sec. 622.4(a)(2)(v), 
without regard to where such red snapper were harvested, is limited to 
the bag and possession limits, as specified in Sec. 622.39(b)(1)(iii) 
and (b)(2),

[[Page 48643]]

respectively, and such red snapper are subject 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, effective September 15, 1996, 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. 96-23584 Filed 9-11-96; 10:49 am]
BILLING CODE 3510-22-F