[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Proposed Rules]
[Pages 18395-18396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9314]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[I.D. 033199C]
RIN 0648-AM15
Fisheries of the Gulf of Mexico; Amendment 16B to the Fishery
Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico
(Amendment 16B)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of Amendment 16B to the FMP for the reef
fish resources of the Gulf of Mexico; request for comments.
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SUMMARY: Amendment 16B would authorize size limits for banded
rudderfish, lesser amberjack, cubera snapper, dog snapper, mahogany
snapper, mutton snapper, schoolmaster, scamp, gray triggerfish, and
hogfish; exclude banded rudderfish, lesser amberjack, dwarf sand perch,
sand perch, and hogfish from the 20-fish aggregate (combined) reef fish
bag limit; authorize new bag limits for hogfish, speckled hind, warsaw
grouper, and for banded rudderfish and lesser amberjack combined;
remove queen triggerfish from the Reef Fish FMP and authorize removal
from the applicable regulations; and eliminate the distinction between
species in the management unit and species in the fishery, but not
included in the management unit. The intended effect of Amendment 16B
is to conserve and manage the reef fish resources of the Gulf of
Mexico.
DATES: Written comments must be received on or before June 14, 1999.
ADDRESSES: Comments must be mailed to the Southeast Regional Office,
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.
Requests for copies of the FMP, which includes an Environmental
Assessment and a Regulatory Impact Review, should be sent to the Gulf
of Mexico Fishery Management Council (Council), The Commons at
Rivergate, 3018 U.S. Highway 301 North, Suite 1000, Tampa, FL 33619-
2266; Phone: 813-228-2815; fax: 813-225-7015.
FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree, 727-570-5305, fax
727-570-5583.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act), as amended by the
Sustainable Fisheries Act, requires each Regional Fishery Management
Council to submit any FMP or amendment to NMFS for review and approval,
disapproval, or partial approval. The Magnuson-Stevens Act also
requires that NMFS, upon receiving a FMP or amendment, immediately
publish a document in the Federal Register stating that the FMP or
amendment is available for public review and comment.
Amendment 16B would authorize more conservative bag and size limits
for several reef fish species and improve consistency with Florida
state regulations, thereby improving enforcement. Fish trap phase-out
measures that were the subject of public hearings as part of draft
Amendment 16, and approved by the Council, were included in Amendment
16A, which was partially approved by NMFS on March 18, 1999.
Minor Amberjack Measures
A 1996 NMFS stock assessment suggests that the number of young
greater amberjack has decreased steadily since 1991. In addition,
anecdotal information from anglers along Florida's Gulf coast suggests
that greater amberjack have decreased in size and abundance in recent
years. In response to this information, the Council developed Amendment
12 to the Reef Fish FMP, which established a 1-fish bag limit for
greater amberjack, and Amendment 15 to the FMP, which established a
seasonal closure of the commercial fishery. Greater amberjack are also
subject to minimum size limits of 28 inches (71.1 cm) fork length for
the recreational fishery and 36 inches (91.4 cm) for the commercial
fishery.
Juvenile greater amberjack, lesser amberjack, and banded rudderfish
are difficult to distinguish and are often confused by the public;
consequently, misidentified juvenile greater amberjack may be landed as
lesser amberjack or banded rudderfish, species that are currently
unregulated. Therefore, the Council believes that additional protection
for juvenile greater amberjack is warranted. The intent of Amendment
16B is to reduce the harvest of misidentified juvenile greater
amberjack by limiting the harvest of these minor amberjack species. The
word ``minor'' used by the Council in Amendment 16B is not intended to
reflect on the significance of these measures; instead it refers to the
species banded rudderfish and lesser amberjack.
In Reef Fish Amendment 12 the Council proposed to apply an
aggregate bag limit and a minimum size limit of 28 inches (71.1 cm) to
greater amberjack, lesser amberjack, and banded rudderfish. These
proposed actions would have effectively eliminated the recreational
harvest of banded rudderfish and lesser amberjack because these species
rarely, if ever, reach 28 inches (71.1 cm). The Council did not present
this aspect of the measure as a deliberate, direct allocation; however,
the effect of the measure would have been to shift the allocation of
these species from principally recreational to entirely commercial.
Therefore, this aspect of the measure would have operated as the
functional equivalent of a direct allocation, and NMFS considered this
allocation unfair and inequitable. Accordingly, NMFS disapproved this
portion of Amendment 12 based on national standard 4 of the Magnuson-
Stevens Act, which requires that allocations of fishing privilege be
fair and equitable to all fishermen.
Amendment 16B would authorize new bag and size limits that should
reduce the harvest of banded rudderfish, lesser amberjack, and
misidentified greater amberjack while continuing to allow a limited
recreational harvest. Amendment 16B would authorize: (1) Establishment
of a ``slot limit'' of 14 inches (35.6 cm) (minimum) to 22 inches (55.9
cm) (maximum) fork length for the commercial and recreational harvest
of banded rudderfish and lesser amberjack; and (2) establishment of a
5-fish aggregate bag limit for banded rudderfish and lesser amberjack
and exclude both species from the 20-fish aggregate reef fish bag
limit.
[[Page 18396]]
Species Not Listed in the Management Unit
Since its inception, the FMP has included two lists of reef fishes:
One of species in the management unit and another of species in the
fishery, but not included in the management unit. The designation of
species in the fishery, but not included in the management unit was
originally intended for data collection purposes only; however, the
existence of two lists has created confusion regarding which species
are subject to regulations. Amendment 16B would eliminate the
distinction in the FMP between these two lists and create a single list
of ``species in the reef fish FMP,'' which identifies the reef fish
management unit. There are only four reef fish species that are
``species in the fishery but not in the management unit''-sand perch,
dwarf sand perch, queen triggerfish, and hogfish. Amendment 16B would
include hogfish, dwarf sand perch, and sand perch in the management
unit and remove queen triggerfish from the FMP. Amendment 16B would
authorize removal of queen triggerfish from the regulations
implementing the FMP, and thus allow Florida to regulate vessels
registered in the State of Florida and fishing for that species in the
exclusive economic zone (EEZ) under that state's more conservative
management measures. Although queen triggerfish occur rarely or
occasionally throughout the Gulf of Mexico, they are abundant only off
Florida and are seldom landed outside Florida.
Florida Compatible Size and Bag Limits
Florida has established bag limits and size limits for several reef
fish species for which there are either no corresponding limits in the
EEZ, or for which the Federal limits differ from the state limits. In
response to a request from the Florida Marine Fisheries Commission
(FMFC) that the Council consider implementing size and bag limits
consistent with those in Florida state waters, the Council proposes new
compatible bag and size limits. In a November 3, 1994, letter the FMFC
provided to the Council biological information that formed the basis
for Florida's regulations. Although limited, the best scientific
information available to the Council, and the precautionary approach to
fisheries management, indicate a need for greater protection for these
species. The Council concluded that bag and size limits compatible with
Florida's would be the most effective means of achieving greater
protection, because compatible regulations would facilitate compliance
and enforcement. Furthermore, the Council states that with the possible
exception of gray triggerfish, Florida accounts for most of the
recreational and commercial landings of these species. The proposed
minimum size limit for gray triggerfish is based on a 1995 NMFS stock
assessment, and, thus, it is an appropriate measure to extend
throughout the Gulf EEZ.
Amendment 16B would authorize the establishment of the following
minimum size limits: cubera snapper (12 inches (30.5 cm), total length
(TL)), dog snapper (12 inches (30.5 cm), TL), mahogany snapper (12
inches (30.5 cm), TL), schoolmaster (12 inches (30.5 cm), TL), mutton
snapper (16 inches (40.6 cm), TL), scamp (16 inches (40.6 cm), TL),
gray triggerfish (12 inches 30.5 cm), TL), and hogfish (12 inches (30.5
cm), fork length). In addition, Amendment 16B would authorize the
establishment of a 5-fish bag limit for hogfish, exclude hogfish from
the 20-fish aggregate reef fish bag limit, and clarify that sand perch
and dwarf sand perch are excluded from the 20-fish aggregate bag limit.
Sand perch and dwarf sand perch are often used as bait, and there is no
evidence to suggest their stocks are in need of management.
Speckled Hind and Warsaw Grouper
The NMFS Office of Protected Resources has added speckled hind and
warsaw grouper to the list of candidates for possible listing as
threatened or endangered under the Endangered Species Act. Candidate
status does not afford any specific level of additional protection for
a species, but it does reflect a significant level of concern regarding
a species' status. Amendment 16B would authorize the establishment of a
recreational bag limit of one speckled hind and one warsaw grouper per
vessel. These new restrictions would also prohibit the sale of these
species by the recreational sector because the FMP and existing
regulations prohibit the sale of reef fish subject to bag limits. The
commercial harvest of warsaw grouper and speckled hind would continue
and be limited by the deep-water grouper quota. The Council believes
that because warsaw grouper and speckled hind are usually caught in
relatively deep water, the mortality rate of released fish is high;
consequently, closure of the fishery would provide little additional
protection. Furthermore, the Council states that commercial vessels do
not target these species, and since the intent is to eliminate
targeting of these species, additional restrictions on the commercial
fishery are not needed.
A proposed rule to implement Amendment 16B has been completed. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable law. If that determination
is affirmative, NMFS will publish that finding in the Federal Register
for public review and comment.
Comments received by June 14, 1999, whether specifically directed
to Amendment 16B or the proposed rule, will be considered by NMFS in
its decision to approve, disapprove, or partially approve the FMP.
Comments received after that date will not be considered by NMFS in
this decision. All comments received by NMFS on Amendment 16B or the
proposed rule during their respective comment periods will be addressed
in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-9314 Filed 4-13-99; 8:45 am]
BILLING CODE 3510-22-F