[Federal Register Volume 62, Number 171 (Thursday, September 4, 1997)]
[Rules and Regulations]
[Pages 46677-46679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23339]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970730185-7206-02; I.D. 070797B]
RIN 0648-AJ13
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 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). For the red snapper fishery in
the Gulf of Mexico exclusive economic zone (EEZ), the regulatory
amendment: Changes the opening date for the 1997 fall commercial
fishing season from September 15 to September 2; restricts the harvest
of red snapper during the 1997 fall commercial season to an initial
period of September 2 to September 15
[[Page 46678]]
and, thereafter, to a period from the first to the 15th of each month
until the commercial fishery is closed (all openings and closings will
be at noon on the date indicated); establishes a recreational fishery
quota; and authorizes the Regional Administrator, Southeast Region,
NMFS, to close the recreational fishery for red snapper in the EEZ when
the recreational quota is reached or is projected to be reached. The
intended effect of this action is to maximize economic benefits from
the fishery, and to comply with a requirement of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) that
separate Gulf red snapper recreational and commercial fishing quotas be
established that result in fishery closures when quotas are taken.
DATES: This rule is effective October 6, 1997, except that the removal
of Sec. 622.42(a) introductory text and the revision of Sec. 622.42
(a)(1) is effective September 2, 1997, and the revision of
Sec. 622.34(l) is effective September 15, 1997.
FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the EEZ of the Gulf
of Mexico is managed under the FMP. The FMP was prepared by the Council
and is implemented under the authority of the Magnuson-Stevens Act by
regulations at 50 CFR part 622.
The Council proposed adjusted management measures (a regulatory
amendment) for the Gulf red snapper fishery for NMFS' review, approval,
and implementation. These measures were developed and submitted to NMFS
under the terms of the FMP's framework procedure for annual adjustments
in total allowable catch (TAC) and related measures for the red snapper
fishery (framework procedure). Additional background for these measures
was published in the proposed rule (62 FR 42478, August 7, 1997) and is
not repeated here.
Comments and Responses
One written comment regarding timing aspects of the commercial red
snapper fishing season was received during the comment period.
On August 26, 1997, the NOAA Assistant Administrator for Fisheries
(Assistant Administrator) approved this final rule to implement the
regulatory amendment as proposed and submitted by the Council. This
approval decision was made after considering the regulatory amendment
and the public comment received on the proposed rule.
Comment: One individual believes that there is insufficient time
available before the fishery opening date to allow fishery participants
to arrange for vessel crew and make necessary vessel preparations
required for safe fishing in the fall season. This individual also
believes that there is insufficient reason to change certain timing
aspects of the commercial red snapper season (i.e., changing the fall
fishery opening date from September 15 to September 2, 1997, followed
by the 2-week fishery opening periods each month (monthly harvesting
periods). Response: NMFS believes that sufficient time was provided
fishermen to plan for participation in the fall fishery based on an
opening date of September 2, 1997, followed by the monthly harvesting
periods. The Council's Red Snapper Advisory Panel (AP), composed of
industry participants, recommended the September 2 fishery opening date
to avoid adverse weather and provide for better ex-vessel prices for
red snapper. The Council heard public comment, reviewed the AP's
recommendations, and considered various opening dates at its January
15-16, 1997, meeting in Corpus Christi, Texas. Furthermore, NMFS
announced these possible management changes in the notice of proposed
rulemaking for this action published on August 7, 1997, and in a news
release mailed at that time to all fishery participants.
NMFS disagrees that there is no compelling reason to support the
September 2 reopening and monthly harvesting periods. A 1997 fall
commercial red snapper season beginning on September 2 instead of
September 15 will allow the fishery to begin at a time with
traditionally better weather, thereby minimizing potential adverse
impacts on fishing operations, particularly those of smaller vessels. A
continuous harvest of available quota during the fall fishery (status
quo), rather than the monthly harvesting periods, would: Cause vessel
crew fatigue that can reduce fishing productivity; increase the
likelihood of accident or injury because of reduced crew alertness; and
increase the incidence of vessel and gear breakdowns resulting in
higher repair costs because normal, preventive maintenance is
postponed. Also, specifying a two-week period that is closed each month
should allow improved planning efforts for participation in other
fisheries. For these reasons, NMFS approved the Council's proposed
changes in the timing aspects of the fall fishery.
Red Snapper TAC
In considering management adjustments for 1997, the Council did not
propose any change to the current annual red snapper TAC of 9.12
million lb (4.13 million kg). This TAC is within the acceptable
biological catch (ABC) range as identified under and required by the
FMP's framework procedure. The ABC range assumes achieving a 33-percent
reduction in the shrimp fishery bycatch mortality of juvenile red
snapper by bycatch reduction devices (BRDs) in 1997 and an annual 44-
percent reduction thereafter. The Council addressed this bycatch
reduction objective through Amendment 9 to the Fishery Management Plan
for the Shrimp Fishery of the Gulf of Mexico (Amendment 9), which
requires the use of NMFS-certified (BRDs) in most shrimp trawls used in
the Gulf EEZ. Considering that NMFS approved Amendment 9 on July 30,
1997, and that final regulations implementing Amendment 9 will not be
issued until later this year, it is likely that bycatch reduction in
1997 will be less than 33 percent.
The Council contracted a scientific study to evaluate the minimum
reduction in the 1997 red snapper shrimp bycatch mortality rate that
would be consistent with the current program to rebuild the stock to 20
percent spawning potential ratio (SPR) by 2019. Results of this study
indicated that a 33-percent reduction in red snapper bycatch by (BRDs)
would be required in 1997 and 44 percent annually thereafter. However,
according to the study, bycatch reduction of less than 33 percent in
1997 would not significantly compromise the current stock rebuilding
program if a 44-percent reduction was achieved in subsequent years,
i.e., SPR in 2019 would be between 19.6 and 19.8 percent rather than
the 20-percent goal. These facts notwithstanding, NMFS has advised the
Council that the current red snapper rebuilding program must be re-
evaluated to ensure compliance with the Magnuson-Stevens Act
requirements for rebuilding overfished stocks. NMFS and the Council
will monitor the status of the red snapper stock closely and implement
measures necessary to achieve required stock rebuilding consistent with
the best available data.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Before the proposed rule was published, the Assistant General
[[Page 46679]]
Counsel for Legislation and Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that the proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Accordingly, a regulatory flexibility analysis was not prepared.
Specific findings supporting that conclusion were summarized in the
preamble to the proposed rule and are not repeated here. No public
comments on the certification were received.
Opening the 1997 fall commercial red snapper season on September 2,
instead of September 15, would allow the fishery to begin at a time
with traditionally better weather, thereby minimizing potential adverse
impacts on fishing operations, particularly those of smaller vessels.
Allowing commercial harvest only during the first 15 days of each month
would extend the length of the annual fishing season and thereby
provide market (price) benefits. These benefits depend on the
provisions for the earlier opening taking effect no later than
September 2, 1997, and on the provisions for the initial monthly
closure taking effect no later than September 15, 1997. The Assistant
Administrator for Fisheries, NOAA, finds that attaining these benefits
constitutes good cause under 5 U.S.C. 553(d)(3) of the Administrative
Procedure Act to waive the normal 30-day delay in effectiveness of
Secs. 622.34(l) and 622.42(a)(1) of this rule.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: August 27, 1997.
David L. Evans,
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, paragraph (l) is revised, effective September
15, 1997, to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(l) 1997 closures of the commercial fishery for red snapper. During
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),
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), from noon on September 15 to noon on
October 1, and thereafter from noon on the 15th of each month to noon
on the first of each succeeding month until the commercial red snapper
season is closed in accordance with Sec. 622.43(a)(1). All times are
local times.
3. In Sec. 622.42, paragraph (a) introductory text is removed and
paragraph (a)(1) is revised, effective September 2, 1997; and paragraph
(a)(2) is revised, effective October 6, 1997, to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) Gulf reef fish--(1) Commercial quotas. The following quotas
apply to persons who fish under commercial vessel permits for Gulf reef
fish, as required under Sec. 622.4(a)(2)(v).
(i) Red snapper--4.65 million lb (2.11 million kg), round weight,
apportioned in 1997 as follows:
(A) 3.06 million lb (1.39 million kg) available February 1, 1997.
(B) The remainder available at noon on September 2, 1997, subject
to the closure provisions of Secs. 622.34(l) and 622.43(a)(1)(i).
(ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper,
warsaw grouper, snowy grouper, and speckled hind), and, after the quota
for shallow-water grouper is reached, scamp, combined--1.60 million lb
(0.73 million kg), round weight.
(iii) Shallow-water groupers (i.e., all groupers other than deep-
water groupers, jewfish, and Nassau grouper), including scamp before
the quota for shallow-water groupers is reached, combined--9.80 million
lb (4.45 million kg), round weight.
(2) Recreational quota for red snapper. The following quota applies
to persons who harvest red snapper other than under commercial vessel
permits for Gulf reef fish and the commercial quota specified in
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg),
round weight.
* * * * *
4. In Sec. 622.43, paragraph (a)(1) is revised, effective October
6, 1997, to read as follows:
Sec. 622.43 Closures.
(a) * * *
(1) Gulf reef fish--(i) Commercial quotas. The bag and possession
limits specified in Sec. 622.39(b) apply to all harvest or possession
in or from the Gulf EEZ of the indicated species, and the sale or
purchase of the indicated species taken from the Gulf EEZ is
prohibited. In addition, the bag and possession limits for red snapper
apply 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. However, the bag and
possession limits for red snapper apply only when the recreational
quota for red snapper has not been reached and the bag and possession
limit has not been reduced to zero under paragraph (a)(1)(ii) of this
section.
(ii) Recreational quota for red snapper. The bag and possession
limit for red snapper in or from the Gulf EEZ is zero.
* * * * *
[FR Doc. 97-23339 Filed 8-29-97; 3:41 pm]
BILLING CODE 3510-22-F