[Federal Register Volume 63, Number 71 (Tuesday, April 14, 1998)]
[Rules and Regulations]
[Pages 18144-18147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9766]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 980408088-8088-01; I.D. 040798A]
RIN 0648-AK98
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: Interim rule; request for comments.
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SUMMARY: This interim rule implements changes to the availability of
the recreational red snapper quota and the procedures that allow the
recreational and commercial quotas to be taken. Specifically, it makes
available 2.94 million-lb (1.33 million-kg) of the recreational quota
to recreational fishermen beginning January 1, 1998; reserves 3.12
million lb (1.42 million kg) of the red snapper total allowable catch
(TAC), which may be made available on September 1, 1998; establishes a
procedure for releasing the reserved TAC on September 1, 1998, based on
observed efficiency of BRDs used in shrimp trawls and apportioned
between the recreational and commercial fisheries; and reduces the 5-
fish red snapper bag limit to 4 fish. The 3.06 million-lb (1.39
million-kg) commercial quota was available on February 1, 1998. The
intended effect is to reduce overfishing of red snapper in the Gulf of
Mexico.
DATES: This rule is effective May 14, 1998 through October 13, 1998
except for the suspension of Secs. 622.34(l) and 622.39(b)(1)(iii) and
the addition of Secs. 622.34(m) and 622.39(b)(1)(vi), which are
effective April 29, 1998, through October 13, 1998 and except for the
suspension of Sec. 622.42(a)(2) and the addition of Sec. 622.42(g)(2),
which are effective April 14, 1998, through October 13, 1998. Comments
must be received no later than May 14, 1998.
ADDRESSES: Comments on this interim rule must be mailed to, and copies
of documents supporting this action may be obtained from, the Southeast
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg,
FL 33702.
FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.
[[Page 18145]]
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico
is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf
of Mexico Fishery Management Council (Council) and is implemented under
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
The TAC for red snapper in the Gulf of Mexico EEZ is 9.12 million
lb. The FMP divides the TAC as a commercial quota (51 percent of TAC)
and a recreational quota (49 percent of TAC). This interim rule (1)
makes available a 2.94 million-lb (1.33 million-kg) apportionment of
the TAC to recreational fishermen beginning January 1, 1998; (2)
reserves 3.12 million lb (1.42 million kg) of the TAC, which may be
made available on September 1, 1998; (3) establishes the procedure for
releasing the reserved TAC on September 1, 1998, based on observed
efficiency of BRDs used in shrimp trawls; and (4) reduces the 5-fish
bag limit to 4 fish. The 3.06 million-lb (1.39 million-kg) commercial
quota was made available on February 1, 1998.
NMFS plans a major research effort beginning May 1998, to provide
an estimate of BRD bycatch reduction under operational conditions prior
to September 1, 1998. If BRDs reduce shrimp trawl-induced mortality of
juvenile red snapper by 50 percent or less, no reserve will be
released. If BRDs reduce shrimp trawl- induced mortality of juvenile
red snapper by 60 percent or greater, the entire 3.12 million lb (1.42
million kg) reserve will be released on September 1, 1998. If BRDs
reduce shrimp trawl-induced mortality of juvenile red snapper by more
than 50 but less than 60 percent, a portion of the reserve will be
released proportional to the efficiency of the BRDs. These measures are
necessary to prevent overfishing and rebuild red snapper to a spawning
potential ratio (SPR) of 20 percent by 2019, as required by the FMP.
The Council, at its January 1998 meeting, recommended that NMFS
continue a status quo TAC of 9.12 million lb (4.14 million kg). The
Council also voted to maintain the current 5-fish bag limit for the
recreational fishery and to reduce to zero the bag limit for the
captain and crew of charter vessels and headboats. The Council intended
that implementation of this latter measure would be contingent upon the
continuation of the 9.12 million-lb (4.14 million-kg) TAC.
The Council's recommendation for a status quo TAC was made
following a review of the 1997 NMFS red snapper stock assessment and
findings from a recent Congressionally mandated peer review of the
science and management of red snapper. The peer review concluded that
red snapper are seriously overfished, shrimp trawl bycatch of juvenile
red snapper needs to be reduced, and the TAC should be reduced to no
more than 6.0 million lb (2.7 million kg) if the resource is to recover
to the FMP's rebuilding target of 20-percent SPR by 2019. The peer
review also strongly recommended that NMFS initiate a bycatch
monitoring program.
The 1997 NMFS stock assessment noted that a 20-percent SPR could be
achieved with a 9.12 million lb (4.14 million kg) TAC if BRDs achieved
a bycatch reduction efficiency of 60 percent or greater. Efficiencies
of 60 percent or greater have been achieved under experimental
conditions according to a NMFS gear specialist who testified at the
Council's January meeting, although 50 percent is a more reasonable
expectation of the operational BRD performance level, especially when
compliance and BRD release mortalities are considered. The Council's
recommendation for a status quo TAC was based primarily on an
assumption that the bycatch mortality of juvenile red snapper could be
reduced by 60 percent or more through the mandatory use of BRDs. The
final rule implementing Amendment 9 to the Fishery Management Plan for
the Shrimp Fishery of the Gulf of Mexico requires the use of BRDs in
most shrimp trawls.
NMFS intends to test this assumption by initiating a major research
effort, beginning in May 1998, to obtain operational estimates of BRD
efficiency while towing commercial shrimp trawls in areas when juvenile
red snapper are present. Observers, logbooks, and vessel monitoring
systems will be used on selected vessels to monitor the use of BRDs and
to obtain estimates of bycatch in Federal waters of the Gulf of Mexico.
In addition, this research initiative will address some of the concerns
expressed in the peer review regarding improved estimates of bycatch,
new information on discard mortalities from fishing vessels, and
refined data on age composition of red snapper to aid in subsequent
stock assessments.
Reservation of TAC
Under existing regulations, the commercial quota for red snapper in
the Gulf of Mexico is split into two periods: the first commencing at
noon on February 1 with 3.06 million lb (1.39 million kg) of the annual
quota available and the second commencing at noon on September 1 with
the remainder of the annual quota available. During the commercial
season, the red snapper commercial fishery opens at noon on the first
of each month and closes at noon on the 15th of each month, until the
applicable commercial quotas are reached. The recreational fishery is
open from January 1 until its quota is reached.
This interim rule (1) makes available a 2.94 million-lb (1.33
million-kg) apportionment to recreational fishermen beginning January
1, 1998; (2) reserves 3.12 million lb (1.42 million kg) of the red
snapper TAC, which may be made available on September 1, 1998; and (3)
establishes the procedure for releasing the reserved TAC on September
1, 1998, based on observed efficiency of BRDs used in shrimp trawls and
apportioned between the recreational and commercial red snapper
fisheries. The 3.06 million-lb (1.39 million-kg) commercial quota was
made available on February 1, 1998. If BRDs reduce shrimp trawl-
induced mortality of juvenile red snapper by 60 percent or more, the
entire 3.12 million-lb (1.42 million-kg) reserve will be made available
on September 1, 1998, with 1.59 million lb (0.72 million kg)
apportioned to commercial fishermen and 1.53 million lb (0.69 million
kg) apportioned to recreational fishermen. If BRDs reduce shrimp trawl-
induced mortality of juvenile red snapper by 50 percent or less, no
reserve will be released. If BRDs reduce shrimp trawl-induced mortality
of juvenile red snapper by more than 50 percent, but by less than 60
percent, for each one percentage point increase in bycatch reduction
above 50 percent, 0.159 million lb (0.715 million kg) of reserve will
be released to commercial fishermen and 0.153 million lb (0.069 million
kg) of reserve will be released to recreational fishermen.
Reduction of Bag Limit
The 1997 recreational red snapper fishery was closed on November
27, 1997, to prevent the fishery from exceeding its quota. However,
only one of the five Gulf coastal states implemented compatible
closures in state waters after the Federal closure. Most states believe
that the recreational harvest should not be controlled by quotas;
rather, they believe it should be controlled by bag limits and similar
measures. A more restrictive bag limit would minimize the possibility
of a recreational closure and maximize the compatibility of Federal
regulations
[[Page 18146]]
with state fishery management measures, thereby helping to prevent
quota overruns and overfishing. Assuming the full availability of the
9.12 million-lb (4.14 million-kg) TAC in 1998, a 4-fish bag limit
should extend the recreational season throughout the year; with 6.0
million lb (2.7 million kg) available, the season should extend into
October 1998. Additionally, a 4-fish bag limit should enable charter
and headboat operators to continue to attract customers. As most of the
recreational trips occur during the warmer summer months, the 4-fish
bag limit also ensures that the recreational fishery will remain open
during the peak fishing months with either 6.0 or 9.12 million lb (2.7
or 4.14 million kg) available.
NMFS prepared an evaluation of the regulatory impacts of the
interim measures. For the commercial fishery, limiting harvest levels
to 3.06 million lb (1.39 million kg) is expected to result in a short-
term reduction in profit of about $1.5 million in the first year,
assuming no shift in effort to other species. For the recreational
fishery, NMFS estimated the number of red snapper fishing trips
expected to be affected by various bag limits with only 6.0 million lb
(2.7 million kg) of the TAC available. With a 5-fish bag limit, about
27 percent or 126,000 red snapper trips would be affected due to an
early closure of the season. A 4-fish bag limit reduces this effect to
17 percent. Some of these trips may be shifted to other species;
therefore, the effect may not equate to cancellation of 17 percent of
the trips. If the bag limit were reduced to three fish, only 8 percent
of the trips would be affected; and with a reduction to two fish, no
trips would be affected, assuming all the trips were still conducted.
However, some charter boat operators expressed concerns that any
reduction below a bag limit of three fish would most likely result in
widespread cancellation of trips. Unfortunately, none of the charter
boat operators were willing to project the effect of any of the other
considered reductions, other than commenting that the full 5-fish bag
limit was needed to ensure no trip cancellations.
The NMFS Southeast Fisheries Science Center has determined that
this interim rule is based on the best available scientific
information. Given the determination of overfishing regarding red
snapper, this interim rule is consistent with section 305(c) of the
Magnuson-Stevens Act.
NMFS finds that the timely regulatory action provided by this
interim rule is necessary to reduce overfishing of red snapper in the
Gulf of Mexico. NMFS issues this interim rule, effective for not more
than 180 days, as authorized by section 305(c) of the Magnuson-Stevens
Act. This interim rule may be extended for an additional 180 days,
provided that the public has had an opportunity to comment on the
interim rule. Public comments on this interim rule will be considered
in determining whether to maintain or extend this rule to address
overfishing of red snapper.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this rule is necessary to reduce overfishing of red
snapper in the Gulf of Mexico and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This interim rule has been determined to be not significant for
purposes of E.O. 12866.
Because prior notice and an opportunity for public comment are not
required to be provided for this rule by 5 U.S.C. 553 or any other law,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601 et seq., are inapplicable.
NMFS prepared economic analyses of the interim rule. Copies are
available (see ADDRESSES).
A delay in action to reduce overfishing increases the likelihood of
a loss of long-term productivity in the red snapper fishery of the Gulf
of Mexico and increases the probable need for more severe restrictions
in the future. The public is aware of the need to reduce the bag limit
and to reduce the TAC and the associated recreational and commercial
quotas if BRDs are not sufficiently effective in reducing shrimp trawl-
induced mortality of juvenile red snapper; the public has had an
initial opportunity to comment on these aspects at a Council meeting.
Accordingly, pursuant to authority set forth at 5 U.S.C. 553(b)(B), the
AA finds that these reasons constitute good cause to waive the
requirement to provide prior notice and the opportunity for prior
public comment, as such procedures would be contrary to the public
interest.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator finds
for good cause that a delay in the effective date of the measure to
apportion the recreational quota and make available a 2.94 million-lb
(1.33 million-kg) apportionment beginning January 1, 1998, to
recreational fishermen is unnecessary. This apportionment does not
impose any burden on any member of the recreational fishery, rather the
apportionment is for the sole purpose of closing the fishery when the
quota is reached. Therefore, it is unnecessary to delay the effective
date of this measure for 30 days.
Similarly, the need to implement the bag limit reduction in a
timely manner to address the overfishing of red snapper and to minimize
adverse effects of a recreational closure constitutes good cause under
5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness. However,
the reduction of the red snapper bag limit could affect the decision by
charter vessel/headboat clients to book fishing trips. Such bookings
are routinely made well in advance of the actual trip. To provide
sufficient notification of the reduction of the red snapper bag limit,
particularly to charter vessel/headboat owners, operators, and clients,
the reduction in the bag limit in Sec. 622.39(b)(1)(vi) of this rule
and the corresponding addition of Sec. 622.34(m), which establishes the
correct cross reference to Sec. 622.39(b)(1)(vi), will not be effective
until April 29, 1998.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 8, 1998.
Rolland A. Schmitten,
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 suspended and paragraph (m) is
added to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(m) Closures of the commercial fishery for red snapper. The
commercial fishery for red snapper in or from the Gulf EEZ is closed
from January 1 to noon on February 1 and thereafter from noon on the
15th of each month to noon on the first of each succeeding month. All
times are local times. During these closed periods, the possession of
red snapper in or from the Gulf EEZ and in the Gulf 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,
[[Page 18147]]
as specified in Sec. 622.39(b)(1)(vi) 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). However, when the recreational quota for red snapper
has been reached and the bag and possession limit has been reduced to
zero, such possession during a closed period is zero.
3. In Sec. 622.39, paragraph (b)(1)(iii) is suspended and paragraph
(b)(1)(vi) is added to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(vi) Red snapper--4.
* * * * *
4. In Sec. 622.42, paragraph (a) is suspended and paragraph (g) is
added to read as follows:
Sec. 622.42 Quotas.
* * * * *
(g) 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 as follows:
(A) 3.06 million lb (1.39 million kg) available at noon on February
1 each year, subject to the closure provisions of Secs. 622.34(m) and
622.43(a)(1)(i).
(B) The remainder is held in reserve.
(C) The Assistant Administrator may release all or any portion of
the reserve specified in paragraph (g)(1)(i)(B) of this section
effective September 1 by filing for publication a notification to that
effect with the Office of the Federal Register. Determination of what
portion, if any, of the reserve will be released will be based on the
results of NMFS research regarding the effectiveness of BRDs in
reducing shrimp trawl- induced mortality of juvenile red snapper.
Release of reserve amounts will be determined as follows:
(1) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 50 percent or less, none of the reserve specified in
paragraph (g)(1)(i)(B) of this section will be released.
(2) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 60 percent or greater, the entire reserve specified in
paragraph (g)(1)(i)(B) of this section will be released, subject to the
closure provisions of Secs. 622.34(m) and 622.43(a)(1)(i).
(3) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by more than 50 percent but less than 60 percent, for each one
percentage point increase in bycatch mortality reduction within the 50
to 60 percent range, an additional 0.159 million lb (0.072 million kg)
of the reserve specified in paragraph (g)(1)(i)(B) of this section will
be released, subject to the closure provisions of Secs. 622.34(m) and
622.43(a)(1)(i). Fractional percentage point increases in bycatch
mortality reduction will be prorated accordingly.
(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, apportioned as follows:
(i) 2.94 million lb (1.33 million kg) available January 1 each
year, subject to the closure provisions of Sec. 622.43(a)(1)(ii).
(ii) The remainder is held in reserve.
(iii) The Assistant Administrator may release all or any portion of
the reserve specified in paragraph (g)(2)(ii) of this section effective
September 1 by filing a notification for publication to that effect
with the Office of the Federal Register. Determination of what portion,
if any, of the reserve will be released will be based on the results of
NMFS research regarding the effectiveness of BRDs in reducing shrimp
trawl- induced mortality of juvenile red snapper. Release of reserve
amounts will be determined as follows:
(A) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 50 percent or less, none of the reserve specified in
paragraph (g)(2)(ii) of this section will be released.
(B) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by 60 percent or greater, the entire reserve specified in
paragraph (g)(2)(ii) of this section will be released, subject to the
closure provisions of Sec. 622.43(a)(1)(ii).
(C) If BRDs reduce shrimp trawl-induced mortality of juvenile red
snapper by more than 50 percent but less than 60 percent, for each one
percentage point increase in bycatch mortality reduction within the 50
to 60 percent range, an additional 0.153 million lb (0.069 million kg)
of the reserve specified in paragraph (g)(2)(ii) of this section will
be released, subject to the closure provisions of
Sec. 622.43(a)(1)(ii). Fractional percentage point increases in bycatch
mortality reduction will be prorated accordingly.
[FR Doc. 98-9766 Filed 4-9-98; 11:41 am]
BILLING CODE 3510-22-F