[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Rules and Regulations]
[Pages 72200-72203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34727]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 980804203-8406-01; I.D. 122298A]
RIN 0648-AK97


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Bag Limit 
Reduction

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

ACTION: Emergency interim rule; request for comments.

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SUMMARY: This emergency interim rule reduces the daily bag limit for 
red snapper possessed in or from the exclusive economic zone (EEZ) of 
the Gulf of Mexico from five fish to four fish. The intended effects 
are to avoid angler confusion and excessive fishing mortality, slow the 
rate of harvest, extend the recreational fishing season, and help 
ensure that more of the recreational quota is available during a later 
period for recreational fishing. This will provide for better 
management, minimize the potential for significant economic losses that 
would occur with an earlier closure of the recreational fishery, and 
increase social and economic benefits derived from the available 
recreational quota.

DATES: This rule is effective January 1, 1999, through June 29, 1999.

ADDRESSES: Comments on this emergency interim rule must be mailed to, 
and copies of documents supporting this action, such as the economic 
analysis and environmental assessment, may be obtained from, the 
Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. 
Petersburg, FL 33702. Requests for copies of a minority report 
submitted by seven members of the Council and/or a minority report 
submitted by one member of the Council should be sent to the Gulf of 
Mexico Fishery Management Council, Suite 1000, 3018 U.S. Highway 301 
North, Tampa, FL 33619, Phone: 813-228-2815; Fax: 813-225-7015.


[[Page 72201]]


FOR FURTHER INFORMATION CONTACT: Robert Sadler, 727-570-5305.

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.

Council Recommendations for Red Snapper Management Measures

    At its November 1998 meeting, the Council considered a NMFS stock 
assessment for Gulf of Mexico red snapper and heard substantial 
testimony from charter vessel operators and a chamber of commerce 
regarding the need to extend the recreational red snapper fishing 
season as late into the calendar year as practicable. The Council 
requested an emergency rule to delay opening the 1999 red snapper 
recreational fishery in the Gulf of Mexico EEZ from January 1 until 
March 1; to implement bag limits of zero fish for captain and crew of 
for-hire vessels and four fish for other persons not fishing under the 
commercial quota (recreational bag limit); and to implement a minimum 
size limit of 14 inches (35.6 cm), total length, for persons fishing 
under the recreational or commercial quotas for red snapper in the EEZ. 
The Council also voted to include those measures, as well as a change 
in the timing of the fall commercial season, in a regulatory amendment 
to be implemented through a framework notice and comment rulemaking 
procedure of the FMP.

Reduction of the Recreational Bag Limit

    This emergency rule to reduce the recreational bag limit to four 
fish per person would reduce angler confusion, increase the number of 
fishing trips on which red snapper would be harvested, and extend the 
length of the open season. Without this emergency action, the 
recreational fishery would open on January 1, 1999, with a 5-fish bag 
limit. If NMFS approves and implements the Council's regulatory 
amendment after January 1, the 5-fish bag limit would be reduced to 
four fish part way through the season. This mid-season change could 
create confusion in the fishery and lead to fishing mortality in excess 
of the 4-fish bag limit by fishermen unaware of the bag limit 
reduction. Implementation of this emergency interim rule would avoid 
that confusion and provide for consistent catch limits during the open 
season.
    In addition, if the recreational red snapper season were to open on 
January 1 with a 5-fish bag limit and a 15-inch (38.1 cm) minimum size 
limit for the entire season, preliminary projections suggest that 
approximately 391,000 red snapper angler trips could be taken to 
harvest red snapper. Approximately 244,000 of those trips are for-hire 
angler trips. Under this scenario, the season is projected to close on 
August 17, 1999. However, a January 1 opening with a 15-inch (38.1 cm) 
minimum size limit and a 4-fish bag limit is expected to allow 441,000 
angler trips to harvest red snapper, of which 275,000 (62 percent) are 
for-hire trips. This 4-fish bag limit scenario is projected to extend 
the 1999 season through September 10. Compared to a 5-fish bag limit 
for all of 1999, the expected benefits of a 4-fish bag limit are an 
additional 23 fishing days and 50,000 red snapper harvest angler trips 
across all modes, including a gain of 31,000 for-hire trips on which 
red snapper are harvested.
    A minority report signed by seven Council members suggested that 
the 4-fish bag limit would not need to be implemented by emergency rule 
if the season opening date were delayed until March 1. However, because 
neither the minority report signed by seven Council members nor the 
minority report signed by one Council member provided substantive 
objections to implementation of a 4-fish bag limit through an emergency 
rule, and because of the benefits of the reduced bag limit, NMFS is 
issuing this emergency rule.

Analysis of Other Council-Recommended Measures

    The Council requested emergency implementation of a delay of the 
recreational season opening date from January 1 to March 1. Subsequent 
analyses by NMFS indicated a net loss in the number of in-season trips 
catching red snapper if the season opening date were delayed until 
March 1. NMFS considered a minority report signed by seven Council 
members that recommended emergency implementation of only the season 
delay. However, NMFS found the report did not provide sufficient 
information to warrant implementation of the delay by an emergency 
rule. In light of a potential loss in the number of trips harvesting 
red snapper, NMFS considers the value of providing the public the 
opportunity to comment on a season delay outweighs the value of 
implementing this measure through an emergency rule.
    NMFS also considered two minority reports addressing the Council's 
request to implement by emergency rule the 14-inch minimum size limit 
to reduce bycatch mortality and a zero-fish bag limit for captain and 
crew of for-hire vessels. The minority report signed by seven Council 
members objected to the 14-inch minimum size limit based on their 
concerns about its biological impact, and to the zero-fish bag limit 
based on their concerns about a differential impact on captain and crew 
of for-hire vessels as opposed to other vessels. One Council member 
submitted a separate minority report objecting to the zero bag limit 
for captain and crew of for-hire reef fish vessels in both the 
regulatory amendment and emergency rule request because of concerns 
about the equity of such a measure. In light of the controversy over 
these measures, NMFS determined that the value of additional public 
comment on a zero bag limit and 14-inch (35.6 cm) minimum size limit 
outweighs any benefits of their implementation through an emergency 
rule. NMFS will further consider the minority reports prior to taking 
agency action on these measures under the Council's regulatory 
amendment.

Criteria for Issuing an Emergency Rule

    This emergency interim rule meets NMFS policy guidelines for the 
use of emergency rules (62 FR 44421, August 21, 1997), because the 
emergency situation: Results from recent, unforeseen events, or 
recently discovered circumstances; presents a serious management 
problem; and realizes immediate benefits from the emergency rule that 
outweigh the value of prior notice, opportunity for public comment, and 
deliberative consideration expected under the normal rulemaking 
process. Compliance with the NMFS policy guidelines is discussed here.

Recent, Unforeseen Events or Recently Discovered Circumstances

    The Council was unable to propose red snapper management measures 
before its November 9-12, 1998, meeting due to the lack of a complete 
red snapper stock assessment. The red snapper stock assessment utilizes 
data obtained from state fishery management agencies and NMFS. This 
year those data and analyses were made available later than usual. The 
FMP's framework procedure for making changes to fishery management 
measures requires review of the stock assessment prior to the Council's 
recommendation of such changes. The late availability of the stock 
assessment information was an

[[Page 72202]]

unforeseen circumstance that precluded earlier action by the Council 
and NMFS.
    Moreover, insufficient time exists to process the Council's 
regulatory amendment and to implement the decreased bag limit through 
proposed and final rules in time for the January 1 fishery opening. 
These unavoidable circumstances indicate the need for an emergency 
interim rule to implement a 4-fish bag limit in time for the January 1 
opening.

Serious Management Problems in the Fishery

    Without emergency action in time for the 1999 season, the 
recreational fishery would automatically open with a 5-fish bag limit 
per person that differs from the Council's bag limit recommendations. 
Allowing the fishery to open with a 5-fish bag limit starting January 
1, 1999, and subsequently changing to 4-fish per person bag limit, 
assuming NMFS' approval of the Council's regulatory amendment, could 
seriously erode public confidence in red snapper management and create 
confusion in the fishery. Such confusion could lead to increased 
fishing mortality through harvest in excess of the 4-fish bag limit 
following implementation of that measure under the Council's regulatory 
amendment. While these factors cannot be quantified, they are of 
significant concern to NMFS.
    In addition, under a January 1 opening and a 5-fish bag limit and a 
15-inch (38.1-cm) minimum size limit through the entire season, the 
1999 recreational red snapper fishery will close on August 17 and allow 
approximately 391,000 red snapper angler trips, of which approximately 
244,000 are for-hire angler trips to harvest red snapper. The resulting 
economic impacts, when combined with angler confusion and associated 
disruption, would constitute serious management problems in the fishery 
if this emergency interim rule is not implemented.
    NMFS has projected that a 4-fish bag limit, as provided by this 
rule, will allow approximately 23 additional fishing days, with a 
projected closure on September 10, and allow a total of 441,000 angler 
trips. Of those trips, 275,000 (62 percent) are for-hire angler trips 
to harvest red snapper. This information indicates that management 
problems associated with the shorter season would be avoided under the 
emergency interim rule.

Immediate Benefits

    Public comment to the Council indicated that slowing the rate of 
harvest through a 4-fish bag limit emergency interim rule would avoid 
angler confusion and optimize overall benefits to the fishery starting 
January 1, 1999. Without a 4-fish bag limit emergency interim rule, the 
recreational fishery would open with a bag limit that differs from the 
Council's recommendations. Agency experience demonstrates that 
substantial user group confusion results from adjusting management 
measures during the fishing year. This confusion, combined with the 
negative impacts of the shortened season, would disrupt the fishery. 
Timely implementation of the 4-fish bag limit under this emergency 
interim rule will prevent confusion and the associated disruptive 
effects.
    In addition, a January 1 opening with a 15-inch (38.1-cm) minimum 
size limit and 5-fish bag limit would result in a projected seasonal 
closure of August 17. This scenario would not provide economic and 
social benefits to the fishery associated with a September 10 closure 
projected with a 4-fish bag limit. Implementation of this emergency 
interim rule would provide those benefits to the fishery and, as 
previously discussed, avoid angler confusion regarding bag limits. 
Moreover, this rule provides the opportunity for additional public 
comment.
    NMFS concludes that the timely regulatory action provided by this 
emergency interim rule is critical to avoiding unnecessary adverse 
economic and social impacts on participants and fishing communities 
dependent on the red snapper recreational fishery in the Gulf of 
Mexico. NMFS issues this emergency interim rule, effective for an 
initial 180 days, as authorized by section 305(c) of the Magnuson-
Stevens Act.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this emergency interim rule is necessary to minimize 
significant adverse social and economic impacts that would occur with 
an earlier closure of the red snapper recreational fishery and to 
increase the socio-economic benefits associated with the recreational 
quota. The AA has also determined that this rule is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This emergency interim rule has been determined to be not 
significant for purposes of E.O. 12866.
    NMFS prepared an economic evaluation of the regulatory impacts 
associated with this emergency interim rule that is summarized as 
follows. The major effects of the emergency interim rule are the 
generation of non-quantifiable positive economic benefits, compared to 
the status quo, that should accrue because of consistency of bag limit 
measures throughout the year and a lengthening of the recreational 
fishery's open season by approximately 23 days. The seasonal extension 
will allow 50,000 additional red snapper angler trips to harvest red 
snapper, including 31,000 for-hire trips. This translates into a 13-
percent increase in total red snapper angler trips for the year. The 
economic consequences of the emergency interim rule can be summarized 
as ranging from a small to a significant increase in economic benefits 
for the recreational red snapper fishery.
    The emergency interim rule does not create additional reporting, 
recordkeeping or other compliance requirements. Accordingly, there are 
no cost increases that can be ascribed to compliance requirements.
    Copies of the economic evaluation are available (see ADDRESSES).
    If action were not taken to reduce the red snapper daily bag limit 
from five to four fish, the recreational fishery would be expected to 
close earlier in the fishing season and at a time that would forfeit 
some of the prime red snapper recreational fishing opportunities. This 
would result in unnecessary adverse impacts on those entities dependent 
on the red snapper recreational fishery, including the associated 
fishing communities. Reduction of the bag limit at the beginning of 
1999 is expected to avoid angler confusion, slow the rate of harvest, 
extend the fishing season, and allow recreational fishers to harvest 
the available quota during the period, which should increase optimal 
social and economic benefits for the year. Accordingly, under 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. For these same reasons, under 5 
U.S.C. 553(d)(3), the AA finds for good cause that a delay in the 
effective date of this rule, beyond January 1, 1999, would be contrary 
to the public interest.
     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.

List of Subjects in 50 CFR Part 622

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


[[Page 72203]]


    Dated: December 24, 1998.
Andrew A. Rosenberg,
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 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), regardless of where such red 
snapper were harvested, is limited to the bag and possession limits, 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.
* * * * *
[FR Doc. 98-34727 Filed 12-28-98; 4:34 pm]
BILLING CODE 3510-22-F