[Federal Register Volume 64, Number 109 (Tuesday, June 8, 1999)]
[Rules and Regulations]
[Pages 30445-30447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14473]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990527145-9145-01; I.D. 052199B]
RIN 0648-AM71


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

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

ACTION: Emergency interim rule; request for comments and a notice of 
closure.

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SUMMARY: NMFS issues an emergency interim rule to increase the minimum 
size limit for red snapper in the exclusive economic zone (EEZ) of the 
Gulf of Mexico from 15 inches (38.1 cm) to 18 inches (45.7 cm) for 
persons subject to the bag limit, as requested by the Gulf of Mexico 
Fishery Management Council (Council). In addition, NMFS closes the 
recreational red snapper fishery in the EEZ of the Gulf of Mexico 
effective 12:01 a.m., local time, August 29, 1999. The intended effect 
of the increase in the minimum size limit is to reduce the rate of 
harvest, and, thereby, extend the season for the recreational red 
snapper fishery. NMFS believes that an extended season will increase 
social and economic benefits from the red snapper fishery.

DATES: This rule is effective June 4, 1999 through 12:01 a.m., local 
time, August 29, 1999. The closure of the recreational fishery for red 
snapper in the EEZ of the Gulf of Mexico is effective 12:01 a.m., local 
time, August 29, 1999, through December 31, 1999.

ADDRESSES: Comments on this emergency 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: Roy Crabtree, 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 
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 1996 revisions of the Magnuson-Stevens Act require NMFS to 
close the Gulf of Mexico recreational red snapper fishery when the 
recreational quota (currently 4.47 million lb)(2.03 million kg) is 
caught. The recreational fishery was closed on November 27 in 1997 and 
on September 29 in 1998. Under the existing 4-fish bag limit and 15-
inch (38.1-cm) minimum size limit, NMFS, using the length-based 
simulation model (LSIM), projects that the 1999 quota will be caught on 
August 4, 1999. Consequently, under the existing bag and minimum size 
limits, the fishery would close at 12:01 a.m. on August 5, 1999. The 
Council has requested an emergency increase in the minimum size limit 
to reduce catch rates and extend the recreational season. The Council's 
request is based on testimony by representatives of the for-hire 
industry who believe that an extension of the season would benefit the 
industry. The industry, using the LSIM, specifically requested that the 
season be extended through August 28 by increasing the minimum size 
limit to 18 inches. Further, the industry specifically requested no 
decrease in the bag limit or increase in the minimum size limit beyond 
18 inches due to a belief that such measures would significantly reduce 
the number of recreational fishing trips on for-hire vessels. 
    The Council considered several options for extending the season, 
including various reductions in the bag limit and various increases in 
the minimum size limit. However, after reviewing the LSIM analysis, the 
Council ultimately recommended an 18-inch (45.7-cm) size limit as the 
best alternative for extending the season, the means most acceptable to 
industry for extending the season through August 28, and a measure 
supported by many red snapper recreational fishermen who have agreed to 
comply voluntarily with an 18 inch size limit starting on June 1 until 
an emergency rule can be implemented.
    Using the LSIM, NMFS projects that with implementation of an 18-
inch (45.7-cm) minimum size limit in early June, implementation of the 
proposed specifications currently under review that would establish a 
zero-fish bag limit for captain and crew, and voluntary compliance by 
many fishermen starting on June 1, the quota will be caught on or about 
August 28, 1999. This action will have negligible biological effects on 
the Gulf red snapper stock and will not adversely affect the current 
rebuilding schedule for this overfished stock.
    Accordingly, NMFS is increasing the minimum size limit to 18-inches 
(45.7 cm) effective on June 4, 1999 through 12:01 a.m., local time, on 
August 29, 1999. The Gulf of Mexico recreational red snapper fishery 
will close at 12:01 a.m., local time, on August 29, 1999, and remain 
closed through December 31, 1999.

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. Also, it 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.

Recent, Unforeseen Events or Recently Discovered Circumstances

    The Council, at its May 10-13, 1999, meeting, learned that if no 
action was taken, the projected closing date for the 1999 recreational 
red snapper season is August 5. This closure would result in roughly a 
5-month closed season for the remainder of 1999. When combined with the 
proposed January-February closure from the red snapper regulatory 
amendment, the recreational red snapper fishery has the potential to be 
closed for nearly 7 consecutive months. For this action to be effective 
in reducing the rate of harvest, extending the fishing season, and 
preventing some of the potential economic hardships and disruptions to 
the recreational red snapper fishery, it should be implemented in early 
June. To be effective by then, an emergency interim rule is needed.

Immediate Benefits

    A closure of the recreational fishing season for 5, or possibly 7 
months, is a

[[Page 30446]]

substantial foregone economic opportunity. This closure could 
conceivably disrupt not only charter and headboat operators, but the 
entire coastal tourist industry, as well as recreational fishermen who 
arrange fishing vacations months in advance. Such a lengthy closure 
could cause some charter and tourist-related businesses to cease 
operations permanently. The shortened season has the potential for 
adverse social impacts on communities dependent on recreational for-
hire vessels. The loss of recreational fishing-related employment 
opportunities during the closure affects not only the vessel operators, 
but also deckhands, marinas, and such tourist-related businesses as 
hotels and restaurants. Due to the uncertainty over whether the 
recreational red snapper season will be open, potential fishers may 
decide not to plan a fishing vacation along the Gulf coast. Thus, the 
minimum size limit increase, and the resulting extended season, has 
immediate benefits that outweigh the value of prior notice, opportunity 
for public comment, and deliberative consideration under the normal 
rulemaking process.

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 recreational fishery for red snapper. 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 significant 
for purposes of E.O. 12866.
    NMFS prepared an economic evaluation of the regulatory impacts 
associated with this emergency interim rule, which is summarized as 
follows.
    Assuming that anglers do not cancel their fishing trips in response 
to the increase to an 18-inch (45.7-cm) minimum size limit and that 
anglers are not able to replace previously legal smaller fish with fish 
18 inches (45.7 cm) or longer, and compatible regulations are in effect 
in state waters by July 15, 1999, this emergency interim rule will 
allow approximately 24 additional fishing days in August, producing a 
projected closure at 12:01 a.m., local time, August 29, 1999. These 
additional fishing days will allow an additional 56,000 angler trips to 
harvest red snapper, of which 29,000 (53 percent) are for-hire angler 
trips. These additional trips equal a 14-percent increase in red 
snapper angler effort over the status quo level of effort.
    The regulatory changes proposed by this rule would be applicable to 
angling activities in the EEZ. Typically, regulations in state 
jurisdictional waters are adjusted to match those of the EEZ in order 
to simplify the regulatory environment and to achieve the maximum 
benefit of the measures. Due to the differing procedural requirements 
each state must undertake in order to implement new fishery management 
regulations, however, it may not be possible for all states to adopt 
compatible regulations under the time frame established by this rule. 
Thus, it is possible that the red snapper recreational fishery could 
continue to operate in some areas under a 15-inch (38.1-cm) minimum 
size limit for some portion of June through the remaining open season.
    The legal minimum size limit for red snapper has been 15 inches 
(38.1 cm), total length, since the beginning of the 1995 fishing 
season. From 1995 through 1998, approximately 80 percent of the red 
snapper harvested by charter and private/rental boats combined were 
under 18 inches (45.7 cm) (individually, 82 percent for charter boats 
and 70 percent for private/rental boats), while 66 percent of headboat 
red snapper have been under 18 inches (45.7 cm). These rates are likely 
influenced to some degree by responsible angling through cessation of 
effort once the bag limit has been achieved, i.e., no highgrading. 
However, 75 percent of charter and private/rental anglers who caught 
red snapper, landed fewer than the 5-fish bag limit during 1995-97, 
while 56 percent landed fewer than the 4-fish bag limit in 1998. This 
strongly suggests that the 15-inch (38.1-cm) minimum size limit is 
effective in restricting harvest and that increasing the minimum size 
limit to 18 inches (45.7 cm) will further restrict it.
    With a 15-inch (38.1 cm) minimum size limit, approximately 165,000 
red snapper angler trips would be expected to occur from June 1 through 
August 4. It is likely that some anglers will cancel their trips 
because of the minimum size increase given their inability to catch the 
bag limit under the less restrictive 15-inch (38.1 cm) size limit. 
However, what portion of the trips will be canceled is unknown. Given 
that some trips will be canceled, the full benefits in terms of 
additional trips of extending the season are not likely to materialize. 
Further, the inability to monitor precisely the in-season harvest, to 
determine the reductions in harvest rate due to trip cancellation, 
means that the season cannot be further lengthened in response to any 
reduced harvest rate.
    Further loss in fishing benefits will accrue as a result of this 
rule to those anglers who, while continuing to fish for red snapper, 
are no longer able to harvest previously legal fish and thus have lower 
quality or less successful fishing trips. Additionally, anglers who 
continue to fish but switch their efforts to other species will also 
experience a loss in fishing benefits since it can be assumed that 
their previous choice of red snapper was due to higher perceived 
benefits associated with that species.
    Insufficient data exist at this time with which to estimate the 
rates of trip cancellation or target substitution, the changes in value 
associated with additional or reduced quality red snapper trips, or the 
changes in value associated with substitute target trips. To the degree 
that the number of trips gained exceeds the number canceled, however, 
the for-hire businesses will experience an increase in producer surplus 
(profits). With respect to the recreational angler, however, while it 
is assumed that the value gained associated with any additional trip 
taken, regardless of the fishing quality received, exceeds the loss in 
value associated with a reduced quality or substitute target fishing 
trip, it is not possible to determine whether total trips gained will 
exceed the total trips canceled or whether the combined value (consumer 
surplus) of trips gained will exceed that lost across all lower quality 
trips. Thus, fishery-wide, considering total economic value in the form 
of both consumer and producer surplus, it is not possible to estimate 
the net economic effect of this rule. However, based on testimony by 
for-hire industry representatives requesting the minimum size increase 
to 18 inches to extend the season through August 28, the Council and 
NMFS assume that the net economic impact will be positive.
    This 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 increase the red snapper minimum size 
limit from 15 inches (38.1 cm) to 18 inches (45.7 cm) for persons 
subject to the bag limit, 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

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the red snapper recreational fishery, including the associated fishing 
communities. An increase in the minimum size limit is expected to slow 
the rate of harvest, extend the fishing season, and allow recreational 
fishers to harvest the available quota during the period, which should 
increase 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 30-day delay in 
the effective date of this rule would be contrary to the public 
interest. NMFS will advise the affected public of the effective date of 
this rule through timely distribution of news releases and immediate 
broadcasts over NOAA weather radio.
    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.

    Dated: June 3, 1999.
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. 622.37, paragraph (d)(3) is suspended and paragraph 
(d)(7) is added to read as follows:


Sec. 622.37  Minimum sizes.

* * * * *
    (d) * * *
    (7) Red snapper--18 inches (45.7 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec. 622.39 (b)(1)(vi) and 
15 inches (38.1 cm), TL, for a fish taken by a person not subject to 
the bag limit.
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[FR Doc. 99-14473 Filed 6-3-99; 12:43 pm]
BILLING CODE 3510-22-F