[Federal Register Volume 64, Number 15 (Monday, January 25, 1999)]
[Rules and Regulations]
[Pages 3624-3630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1604]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Part 622
[Docket No. 981006253-9021-03; I.D. 082698D]
RIN 0648-AK05
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery Off the Southern Atlantic States; Amendment 9;
OMB Control Numbers
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 measures
in Amendment 9 to the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (FMP). This final rule increases
the minimum size for red porgy, black sea bass, gag, and black grouper
for all participants in the fishery; increases the minimum size for
vermilion snapper for a person subject to the bag limit; establishes
bag limits for red porgy and black sea bass; during March and April,
prohibits harvest and possession in
[[Page 3625]]
excess of the bag limit and prohibits purchase and sale of red porgy,
gag grouper, and black grouper; for greater amberjack, reduces the bag
limit, establishes a commercial quota, prohibits sale of greater
amberjack caught under the bag limit when the commercial fishery is
closed, prohibits harvest and possession in excess of the bag limit
during April, changes the beginning of the fishing year to May 1, and
prohibits coring (i.e., removing the head from the carcass); restricts
possession of gag and black grouper within the aggregate grouper bag
limit; establishes an aggregate bag limit for all snapper-grouper
species currently not under a bag limit (excluding tomtate and blue
runner); requires escape vents and escape panels with degradable hinges
and fasteners in black sea bass pots; and specifies that a vessel with
longline gear on board may only possess certain deep-water species of
snapper-grouper (i.e., snowy grouper, warsaw grouper, yellowedge
grouper, misty grouper, golden tilefish, blueline tilefish, and sand
tilefish.) Finally, NMFS informs the public of the approval by the
Office of Management and Budget (OMB) of the collection-of-information
requirements contained in this rule, publishes the OMB control number
for these collections, and corrects the list of control numbers
applicable to title 50 of the Code of Federal Regulations. The intended
effect of this rule is to reduce overfishing and to conserve and manage
these snapper-grouper species.
DATES: This final rule is effective February 24, 1999.
ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA)
may be obtained from the Southeast Regional Office, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702. Comments regarding
the collection-of-information requirements contained in this rule
should be sent to Edward E. Burgess, Southeast Regional Office, NMFS,
9721 Executive Center Drive N., St. Petersburg, FL 33702, and to the
Office of Management and Budget (OMB), Washington, DC 20503 (Attention:
NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 727-570-5305.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern
Atlantic states is managed under the FMP. The FMP was prepared by the
South Atlantic 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.
On September 8, 1998, NMFS announced the availability of Amendment
9 and requested comments on the amendment (63 FR 47461). On November
12, 1998, NMFS published a proposed rule to implement the measures in
Amendment 9 and additional measures proposed by NMFS and requested
comments on the rule (63 FR 63276). The background and rationale for
the measures in the amendment and proposed rule are contained in the
preamble to the proposed rule and are not repeated here. On December 9,
1998, after considering the comments received on the amendment and
proposed rule, NMFS partially approved Amendment 9. The proposed
commercial trip limit for greater amberjack was disapproved.
Comments and Responses
Fifteen comments were received during the public comment periods on
the amendment and proposed rule. A summary of the comments and NMFS'
responses follow.
Comment 1: Seven commenters supported the management measures in
Amendment 9. They urged NMFS to implement Amendment 9 as soon as
possible, and they are concerned about the delay in implementing this
amendment.
Response: NMFS agrees, with the exception of the commercial trip
limit for greater amberjack that NMFS disapproved.
Comment 2: Two commenters opposed allowing recreational anglers to
fish during the spawning closures because that practice places most of
the conservation burden on commercial fishermen.
Response: The Council and NMFS believe that the combined effect of
the management measures results in an equitable sharing of the
conservation burden on the respective user groups. In particular, the
reduction in bag limits, increases in minimum size limits, and spawning
closures ensure that recreational anglers share the conservation
burden.
Comment 3: One commenter supports the increases in minimum size
limit for black sea bass and vermilion snapper.
Response: NMFS agrees.
Comment 4: Two commercial fishermen who fish off northeast Florida
and further north oppose the 1,000-lb (454-kg) trip limit for greater
amberjack, and another opposes the quota for greater amberjack. They
stated that the trip limit would severely impact their fishing
operations because their fishing grounds are located approximately 50
miles (80.5 km) offshore. They commented that because of the low price
of amberjack, it would not be economically feasible to travel a long
distance and restrict trip catches to 1,000 lb (454-kg). They contend
that these measures would put them out of business.
Response: Based on current information, it does not appear that the
proposed commercial trip limit would provide benefits that would exceed
costs. The benefits of a trip limit tend to be high when a restrictive
quota creates the classic commercial fishing derby. However, when the
quota is not very restrictive, as in the case at hand, the loss of
individual trip benefits can easily offset whatever benefits might be
accrued due to a lengthening of the fishing season. These individual
trip losses stem from the fact that costs per trip do not vary greatly
with the catch per trip, and a restrictive trip limit lowers the
profitability of each individual trip. In consideration of this, and
the concerns expressed by these commenters, NMFS disapproved the trip
limit. NMFS believes that the approved greater amberjack measures in
Amendment 9, especially the annual commercial quota, are necessary to
protect this resource from overfishing.
Comment 5: One fisherman opposes beginning the fishing year for
greater amberjack on May 1 because he fishes in the winter and is
concerned that the quota would be taken before he could fish.
Response: Landings of greater amberjack have been quite variable in
recent years. Thus, it is possible that the quota could be reached and
closed in any given fishing year prior to the April spawning closure at
the end of that year. However, based on landings in recent years, it
appears that such a closure would not occur prior to March. Thus,
fishermen should be able to fish most of the winter. The Council and
NMFS will monitor the condition of the greater amberjack resource, and
adjustments to the annual quota will be made as required.
Comment 6: One fisherman states that peak spawning of black grouper
occurs during December, January, and February, not March and April.
Thus, he believes that the spawning closure should be December through
February rather than March and April. Also, he opposes raising the
minimum size limit because it could focus fishing effort on males which
could lead to a shortage of males. Finally, he recommends that the
Council establish marine reserves because other management measures may
not be sufficient to protect black grouper.
Response: The best scientific information available indicates that
[[Page 3626]]
major spawning occurs in March and April but that spawning is
protracted. The Council and NMFS will monitor the condition of the
black grouper resource, and as information becomes available, make
adjustments to the spawning closure dates, if necessary. Raising the
minimum size limit will increase yield-per-recruit and provide
additional protection for spawners. Black grouper appear severely
overfished; thus, it is imperative to provide additional protection to
the spawning population. The Council is considering the use of marine
reserves for management of snapper-grouper species because this
approach may be useful in conjunction with traditional management
measures.
Comment 7: Three hundred and twenty-two commercial fishermen signed
a petition that opposes the March-April spawning closure and the
increase in minimum size from 20 to 24 inches (51 to 61 cm) total
length for black grouper. They state that the elimination of fish traps
and longline gear in their area are all the biological measures that
are needed to conserve black grouper. They advise managers to do
additional research on the biological impacts of these measures.
Response: Because gag and black grouper are both called black
grouper, it has been difficult to document trends in landings in
commercial catches, which account for about 80 percent of total
landings. Nonetheless, commercial catches declined about 40 percent
from 1990 to 1995. Headboat catches declined 90 percent between 1983
and 1990. Also, a retrospective stock assessment, based on data from
1979 through 1995, indicates that black grouper are severely overfished
with a spawning potential ratio of approximately 5 percent. The
proposed increase in minimum size limit will result in increased yield-
per-recruit, which should result in greater landings in the future
because the average weight of fish taken will increase. In summary, the
declines in recreational and commercial catches and the best available
scientific information indicate that black grouper are overfished and,
thus, the proposed management measures are necessary to rebuild this
resource.
Comment 8: Eighty-two fishermen signed a petition that opposes all
measures in Amendment 9. They believe that the limited access program,
implemented under FMP Amendment 8, and the current moratorium on king
mackerel permits are sufficient to protect snapper-grouper resources.
They specifically oppose the spawning season closures and increases in
minimum size limits. They advise NMFS to wait until the impacts of past
conservation measures have been fully evaluated.
Response: The best available scientific information shows that red
porgy, black sea bass, vermilion snapper, black grouper and gag are
overfished. These stocks need to be rebuilt to the level where they are
capable of producing their respective maximum sustainable yields. In
this context, FMP Amendment 8, which limits the number of fishermen to
anyone who held a Federal snapper-grouper permit between February 11,
1996 and February 11, 1997, and who reported at least one pound of fish
taken between January 1, 1993 and August 20, 1996, does little, if
anything, to reduce fishing pressure. Similarly, the moratorium on king
mackerel permits established by Amendment 8 to the FMP for Coastal
Migratory Pelagics has had little, if any, impact upon the snapper-
grouper fishery. Consequently, additional measures are required to
rebuild the overfished resources.
The Magnuson-Stevens Act specifies that overfishing should be
prevented and overfished stocks should be rebuilt. Specifically, stocks
should be rebuilt to a stock size that would result in a long-term
average catch approaching maximum sustainable yield under prevailing
ecological and environmental conditions. The approved management
measures in Amendment 9 are necessary to rebuild overfished stocks in
the snapper-grouper fishery. The greater amberjack measures are
designed to prevent overfishing. These measures are consistent with the
precautionary approach in fishing management required by the
Sustainable Fisheries Act of 1996, as it amended the Magnuson-Stevens
Act. The Council has indicated that it will take further conservation
action should it be required for the full recovery of overfished
resources and the prevention of overfishing.
Changes From the Proposed Rule
For the reasons discussed above, NMFS has disapproved the
commercial trip limit for greater amberjack. That measure, as contained
in Sec. 622.44(c)(4) of the proposed rule, has been removed from this
final rule.
Classification
Under NOAA Administrative Order 205-11, 7.01, dated December 17,
1990, the Under Secretary for Oceans and Atmosphere, Department of
Commerce, has delegated authority to sign material for publication in
the Federal Register to the Assistant Administrator for Fisheries, NOAA
(AA).
The Regional Administrator, Southeast Region, NMFS, with the
concurrence of the AA, determined that the approved measures of
Amendment 9 are necessary for the conservation and management of the
snapper-grouper fishery off the southern Atlantic states and that, with
the exception of the measure that was disapproved, Amendment 9 is
consistent with the Magnuson-Stevens Act and other applicable law.
The Council prepared a final supplemental environmental impact
statement for this FMP; a notice of availability was published on
October 9, 1998 (63 FR 54476).
This final rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS prepared a FRFA for the final rule implementing Amendment 9 to
the FMP. The FRFA was based on the Initial Regulatory Flexibility
Analysis (IRFA) and public comments received on the proposed rule and
is summarized below.
Amendment 9 contains 10 management actions (each including one or
more measures) that provide additional regulations for red porgy, black
sea bass, greater amberjack, vermilion snapper, gag, and black grouper.
These actions also provide for escape mechanisms in black sea bass
pots, specify allowable species that may be harvested by longlines,
establish an aggregate recreational bag limit of 20 fish per person per
day inclusive of all snapper grouper species currently not under a bag
limit, and further define an aggregate bag limit for all grouper
species in combination. These actions are being taken because of
fishery problems that include excessive fishing mortality, habitat
degradation, and localized depletion of fishery resources. Given these
problems, the Council developed Amendment 9 specifically to prevent
overfishing, minimize habitat damage, minimize gear and area conflicts
among fishermen, evaluate and minimize localized depletion, and
minimize bycatch. Significant issues raised during the public comment
periods on the amendment and proposed rule, included: Generic support
by individuals and institutions of all the conservation measures;
opposition to allowing recreational anglers to fish during the spawning
closures because that practice places most of the conservation burden
on commercial fishermen; opposition to the trip limit for greater
amberjack and quota; opposition to the fishing year starting on May 1
for greater amberjack and to the minimum size limit; support for marine
reserves as an alternative management policy; opposition to the March-
April spawning closure and the
[[Page 3627]]
increase in minimum size for black grouper; opposition to all the
measures in the amendment and rule; and concern about the length of
time NMFS has taken to issue this final rule. This rule will apply to
all of the entities that currently hold valid Federal permits in the
snapper grouper fishery and recreational fishermen (including
headboats, charter boats and private/rental boats). It is estimated
that about 2,500 commercial vessels currently hold valid Federal
snapper grouper permits. The average investment in 1995 in vessel and
equipment ranged from $53,000 for vessels operating with vertical lines
to $237,000 for vessels operating with bottom longlines. The estimated
cost of new vessels comparably equipped ranges from an average of
$113,000 for vessels with vertical lines to $340,000 for vessels with
bottom longlines. Data extrapolated from the NMFS catch and value data
for 1995 indicate an estimated annual exvessel revenue value of about
$6,200 for all vessels in the fishery. One of the measures will entail
modifying existing black sea bass pots by requiring escape vents and
escape panels with biodegradable fasteners. The total cost to modify
all the sea bass pots used in the fishery is estimated at $25,000 or
13.5 percent of the current value of the pots. The Council and NMFS
considered several alternatives to the Amendment 9 management actions
approved by NMFS and implemented by this final rule and described in
the background section of the FRFA. The Council prepared an IRFA which
describes the impact the proposed rule, if adopted, would have on small
entities. The findings of the IRFA were used as the baseline for the
FRFA's discussion of the relative impacts of the preferred versus
rejected alternatives. Virtually all the proposed actions are designed
to reduce fishing mortality on the species addressed by the amendment,
and these measures tend to create short-term economic losses for both
commercial and recreational fishermen. The general approach used by the
Council to minimize adverse socioeconomic impacts was to consider
several alternatives for most of the proposed actions and to choose
those which met the overfishing objectives while minimizing economic
losses to the fishery. Rejected alternatives were either not capable of
reducing fishing mortality by an acceptable level or were able to meet
the fishing mortality reduction level but created greater adverse
economic impacts than other alternatives that also met the conservation
objectives.
Copies of the FRFA are available (see ADDRESSES).
This rule contains a new collection-of-information requirement
subject to the Paperwork Reduction Act (PRA)--namely, the requirement
that dealers possessing red porgy, gag, black grouper, or greater
amberjack during seasonal closures must maintain documentation that
such fish were harvested from areas other than the South Atlantic. This
requirement has been approved by OMB under OMB control number 0648-
0365. The public reporting burden for this collection of information is
estimated at 30 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collections of information. Send comments regarding these burden
estimates or any other aspects of the collections of information,
including suggestions for reducing the burden, to NMFS and OMB (see
ADDRESSES).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the PRA unless that collection of information displays a currently
valid OMB Control Number.
List of Subjects
15 CFR Part 902
Reporting and recordkeeping requirements.
50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: January 19, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 15 CFR part 902 and 50 CFR
part 622 are amended as follows:
15 CFR Chapter IX
PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS
1. The authority citation for part 902 continues to read as
follows:
Authority: 44 U.S.C. 3501 et seq.
2. In Sec. 902.1, paragraph (b) table, under 50 CFR, the following
entry is added in numerical order to read as follows:
Sec. 902.1 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
control
CFR part or section where the information collection number (all
requirement is located numbers
begin with
0648-)
------------------------------------------------------------------------
* * * * *
50 CFR
* * * * *
622.45..................................................... 0365
* * * * *
------------------------------------------------------------------------
50 CFR Chapter VI
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
3. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
4. In Sec. 622.30, paragraph (d) is added to read as follows:
Sec. 622.30 Fishing years.
* * * * *
(d) South Atlantic greater amberjack--May 1 through April 30.
5. In Sec. 622.36, a heading for paragraph (a) is added and
paragraph (b) is revised to read as follows:
Sec. 622.36 Seasonal harvest limitations.
(a) Gulf EEZ. * * *
(b) South Atlantic EEZ--(1) Greater amberjack spawning season.
During April, each year, the possession of greater amberjack in or from
the South Atlantic EEZ and in the South Atlantic on board a vessel for
which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, without regard to where
such greater amberjack were harvested, is limited to one per person per
day or one per person per trip, whichever is more restrictive. Such
greater amberjack are subject to the prohibition on sale or purchase,
as specified in Sec. 622.45(d)(6).
(2) Mutton snapper spawning season. During May and June, each year,
the possession of mutton snapper in or from the EEZ on board a vessel
that has a commercial permit for South Atlantic snapper-grouper is
limited to 10 per person per day or 10 per person per trip, whichever
is more restrictive.
(3) Wreckfish spawning-season closure. From January 15 through
April 15, each year, no person may harvest or possess on a fishing
vessel wreckfish in
[[Page 3628]]
or from the EEZ; offload wreckfish from the EEZ; or sell or purchase
wreckfish in or from the EEZ. The prohibition on sale or purchase of
wreckfish does not apply to trade in wreckfish that were harvested,
offloaded, and sold or purchased prior to January 15 and were held in
cold storage by a dealer or processor.
(4) Black grouper and gag. During March and April, each year, the
possession of black grouper and gag in or from the South Atlantic EEZ
and in the South Atlantic on board a vessel for which a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper has been issued, without regard to where such black
grouper or gag were harvested, is limited to two black grouper or gag,
combined, per person per day or two black grouper or gag, combined, per
person per trip, whichever is more restrictive. Such black grouper or
gag are subject to the prohibition on sale or purchase, as specified in
Sec. 622.45(d)(5).
(5) Red porgy. During March and April, each year, the possession of
red porgy in or from the South Atlantic EEZ and in the South Atlantic
on board a vessel for which a valid Federal commercial or charter
vessel/headboat permit for South Atlantic snapper-grouper has been
issued, without regard to where such red porgy were harvested, is
limited to five per person per day or five per person per trip,
whichever is more restrictive. Such red porgy are subject to the
prohibition on sale or purchase, as specified in Sec. 622.45(d)(5).
6. In Sec. 622.37, paragraph (e) is revised to read as follows:
Sec. 622.37 Minimum sizes.
* * * * *
(e) South Atlantic snapper-grouper--(1) Snapper. (i) Lane snapper--
8 inches (20.3 cm), TL.
(ii) Vermilion snapper--11 inches (27.9 cm), TL, for a fish taken
by a person subject to the bag limit specified in Sec. 622.39 (d)(1)(v)
and 12 inches (30.5 cm), TL, for a fish taken by a person not subject
to the bag limit.
(iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and
yellowtail snappers; and schoolmaster--12 inches (30.5 cm), TL.
(iv) Mutton snapper--16 inches (40.6 cm), TL.
(v) Red snapper--20 inches (50.8 cm), TL.
(2) Grouper. (i) Red, yellowfin, and yellowmouth grouper; and
scamp--20 inches (50.8 cm), TL.
(ii) Black grouper and gag--24 inches (61.0 cm), TL.
(3) Other snapper-grouper species. (i) Black sea bass--10 inches
(25.4 cm), TL.
(ii) Gray triggerfish in the South Atlantic EEZ off Florida--12
inches (30.5 cm), TL.
(iii) Hogfish--12 inches (30.5 cm), fork length.
(iv) Red porgy--14 inches (35.6 cm), TL.
(v) Greater amberjack--28 inches (71.1 cm), fork length, for a fish
taken by a person subject to the bag limit specified in
Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, for a fish
taken by a person not subject to the bag limit.
* * * * *
7. In Sec. 622.38, paragraph (e) is removed; paragraphs (f) through
(i) are redesignated as paragraphs (e) through (h), respectively; and
paragraph (a) is revised to read as follows:
Sec. 622.38 Landing fish intact.
* * * * *
(a) The following must be maintained with head and fins intact:
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel
in paragraph (g) of this section; South Atlantic snapper-grouper in or
from the South Atlantic EEZ, except as specified in paragraph (h) of
this section; yellowtail snapper in or from the Caribbean EEZ; and
finfish in or from the Gulf EEZ, except as specified in paragraphs (c)
and (d) of this section. Such fish may be eviscerated, gilled, and
scaled, but must otherwise be maintained in a whole condition.
* * * * *
8. In Sec. 622.39, a concluding sentence is added to paragraph
(a)(1); paragraphs (d)(1)(i) and (d)(1)(ii) are revised; and paragraphs
(d)(1)(vi) through (viii) are added to read as follows:
Sec. 622.39 Bag and possession limits.
(a) * * *
(1) * * * The operator of a vessel that fishes in the EEZ is
responsible for ensuring that the bag and possession limits specified
in this section are not exceeded.
* * * * *
(d) * * *
(1) * * *
(i) Greater amberjack--1.
(ii) Groupers, combined, excluding jewfish and Nassau grouper, and
tilefishes--5. However, within the 5-fish aggregate bag limit, no more
than two fish may be gag or black grouper, combined.
* * * * *
(vi) Red porgy--5.
(vii) Black sea bass--20.
(viii) South Atlantic snapper-grouper, combined, excluding tomtate
and blue runner and those specified in paragraphs (d)(1)(i) through
(vii) of this section--20.
* * * * *
9. In Sec. 622.40, paragraph (b)(3)(i) is revised to read as
follows:
Sec. 622.40 Limitations on traps and pots.
* * * * *
(b) * * *
(3) * * *
(i) A sea bass pot that is used or possessed in the South Atlantic
EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras Light, NC)
and 28 deg.35.1' N. lat. (due east of the NASA Vehicle Assembly
Building, Cape Canaveral, FL) is required to have--
(A) On at least one side, excluding top and bottom, a panel or door
with an opening equal to or larger than the interior end of the trap's
throat (funnel). The hinges and fasteners of each panel or door must be
made of one of the following degradable materials:
(1) Ungalvanized or uncoated iron wire with a diameter not
exceeding 0.041 inches (1.0 mm), that is, 19 gauge wire.
(2) Galvanic timed-release mechanisms with a letter grade
designation (degradability index) no higher than J.
(B) An unobstructed escape vent opening on at least two opposite
vertical sides, excluding top and bottom. The minimum dimensions of an
escape vent opening (based on inside measurement) are:
(1) 1\1/8\ by 5\3/4\ inches (2.9 by 14.6 cm) for a rectangular
vent.
(2) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.
(3) 2.0-inch (5.1-cm) diameter for a round vent.
* * * * *
10. In Sec. 622.41, paragraph (d)(6) is added to read as follows:
Sec. 622.41 Species specific limitations.
* * * * *
(d) * * *
(6) Longline species limitation. A vessel that has on board a valid
Federal commercial permit for South Atlantic snapper-grouper, excluding
wreckfish, that fishes in the EEZ on a trip with a longline on board,
may possess only the following South Atlantic snapper-grouper: snowy
grouper, warsaw grouper, yellowedge grouper, misty grouper, golden
tilefish, blueline tilefish, and sand tilefish. For the purpose of this
paragraph, a vessel is considered to have a longline on board when a
power-operated longline hauler,
[[Page 3629]]
a cable of diameter suitable for use in the longline fishery on any
reel, and gangions are on board. Removal of any one of these three
elements constitutes removal of a longline.
* * * * *
11. In Sec. 622.42, paragraph (e)(3) is added to read as follows:
Sec. 622.42 Quotas.
* * * * *
(e) * * *
(3) Greater amberjack--1,169,931 lb (530,672 kg), gutted weight,
that is, eviscerated but otherwise whole.
* * * * *
12. In Sec. 622.43, paragraphs (a)(5) and (b)(1) are revised to
read as follows:
Sec. 622.43 Closures.
(a) * * *
(5) South Atlantic snapper-grouper, excluding wreckfish.--(i)
Greater amberjack. The bag limit specified in Sec. 622.39(d)(1)(i) and
the possession limits specified in Sec. 622.39(d)(2) apply to all
harvest or possession of greater amberjack in or from the South
Atlantic EEZ, and the sale or purchase of greater amberjack taken from
the EEZ is prohibited. In addition, the bag and possession limits for
greater amberjack and the prohibition on sale/purchase apply in the
South Atlantic on board a vessel for which a valid Federal commercial
or charter vessel/headboat permit for South Atlantic snapper-grouper
has been issued, without regard to where such greater amberjack were
harvested.
(ii) Golden tilefish and snowy grouper. Golden tilefish and snowy
grouper, for which there are quotas, are managed under the commercial
trip limits specified in Sec. 622.44(c) in lieu of the closure
provisions of this section.
* * * * *
(b) * * *
(1) The prohibition on sale/purchase during a closure for Gulf reef
fish, king and Spanish mackerel, royal red shrimp, greater amberjack,
or wreckfish in paragraphs (a)(1), (a)(3)(iii), (a)(4), (a)(5)(i), or
(a)(6) of this section does not apply to the indicated species that
were harvested, landed ashore, and sold prior to the effective date of
the closure and were held in cold storage by a dealer or processor.
* * * * *
13. In Sec. 622.45, paragraphs (d)(5) and (d)(6) are added to read
as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(d) * * *
(5) During March and April, no person may sell or purchase a red
porgy, gag, or black grouper harvested from the South Atlantic EEZ or,
if harvested by a vessel for which a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper has
been issued, harvested from the South Atlantic. The prohibition on
sale/purchase during March and April does not apply to red porgy, gag,
or black grouper that were harvested, landed ashore, and sold prior to
March 1 and were held in cold storage by a dealer or processor. This
prohibition also does not apply to a dealer's purchase or sale of red
porgy, gag, or black grouper harvested from an area other than the
South Atlantic, provided such fish is accompanied by documentation of
harvest outside the South Atlantic. Such documentation must contain:
(i) The information specified in 50 CFR part 300 subpart K for
marking containers or packages of fish or wildlife that are imported,
exported, or transported in interstate commerce;
(ii) The official number, name, and home port of the vessel
harvesting the red porgy, gag, or black grouper;
(iii) The port and date of offloading from the vessel harvesting
the red porgy, gag, or black grouper; and
(iv) A statement signed by the dealer attesting that the red porgy,
gag, or black grouper was harvested from an area other than the South
Atlantic.
(6) During April, no person may sell or purchase a greater
amberjack harvested from the South Atlantic EEZ or, if harvested by a
vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, harvested
from the South Atlantic. The prohibition on sale/purchase during April
does not apply to greater amberjack that were harvested, landed ashore,
and sold prior to April 1 and were held in cold storage by a dealer or
processor. This prohibition also does not apply to a dealer's purchase
or sale of greater amberjack harvested from an area other than the
South Atlantic, provided such fish is accompanied by documentation of
harvest outside the South Atlantic. Such documentation must contain:
(i) The information specified in 50 CFR part 300 subpart K for
marking containers or packages of fish or wildlife that are imported,
exported, or transported in interstate commerce;
(ii) The official number, name, and home port of the vessel
harvesting the greater amberjack;
(iii) The port and date of offloading from the vessel harvesting
the greater amberjack; and
(iv) A statement signed by the dealer attesting that the greater
amberjack was harvested from an area other than the South Atlantic.
* * * * *
14. Figure 2 of Appendix C to Part 622 is revised to read as
follows:
BILLING CODE 3510-22-P
[[Page 3630]]
Figure 2 to Appendix C to Part 622-- Illustration of Length
Measurements
[GRAPHIC] [TIFF OMITTED] TR25JA99.001
[FR Doc. 99-1604 Filed 1-21-99; 9:33 am]
BILLING CODE 3510-22-C