[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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