[Federal Register Volume 64, Number 121 (Thursday, June 24, 1999)]
[Rules and Regulations]
[Pages 33800-33801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16085]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990615162-9162-01; I.D. 122298A]
RIN 0648-AM73


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

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

ACTION: Emergency interim rule; extension of effective date.

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SUMMARY: An emergency interim rule is in effect through June 29, 1999, 
that 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. NMFS extends the emergency interim rule for an additional 
180 days. The intended effects of this rule are to maintain the current 
4-fish bag limit consistent with the Gulf of Mexico Fishery Management 
Council's intent, avoid angler confusion that otherwise would result 
from an unintended in-season change in the bag limit, and help ensure 
that the recreational quota is not exceeded.

DATES: The effective date for the emergency interim rule published at 
63 FR 72200, December 31, 1998, is extended from June 29, 1999, through 
December 26, 1999.

ADDRESSES: Copies of documents supporting this rule may be obtained 
from the Southeast Regional Office, NMFS, 9721 Executive Center Drive 
N., St Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT: Roy Crabtree, phone: 727-570-5305 or 
fax: 727-570-5583.

SUPPLEMENTARY INFORMATION: The Gulf of Mexico Fishery Management 
Council (Council) prepared the Fishery Management Plan for the Reef 
Fish Fishery of the Gulf of Mexico (FMP). Regulations at 50 CFR part 
622 implement the FMP under the authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act).
    In response to a request from the Council, NMFS published an 
emergency interim rule (63 FR 72200, December 31, 1998), under section 
305(c)(1) of the Magnuson-Stevens Act, that reduced the daily bag limit 
for red snapper possessed in or from the EEZ of the Gulf of Mexico from 
five fish to four fish. This reduction in the bag limit was, and still 
is, necessary to maintain the recreational harvest rate at a level that 
will allow the recreational fishing season to be extended without 
exceeding the quota. The December 31, 1998, emergency interim rule is 
effective through June 29, 1999. Under the FMP framework procedure for 
regulatory adjustments, the Council has submitted a regulatory 
amendment to NMFS for review that contains a proposed reduction in the 
red snapper bag limit from five fish to four fish. If NMFS approves and 
implements the proposed bag limit reduction in the regulatory 
amendment, it is unlikely that it could be implemented prior to 
expiration of the current emergency interim rule on June 29, 1999. The 
result would be a temporary in-season change in the red snapper bag 
limit that would cause angler confusion and an increase in harvest rate 
that would be inconsistent with the current management regime. To avoid 
these negative impacts, NMFS extends the effective date of the 
emergency interim rule, consistent with section 305(c)(3)(B) of the 
Magnuson-Stevens Act, for 180 days beyond the June 29, 1999, expiration 
date that was specified for the emergency interim rule published 
December 31, 1998 (63 FR 72200).
    NMFS solicited public comments on the initial emergency interim 
rule; no comments were received. On June 8, 1999, NMFS issued an 
emergency interim rule to increase the minimum size limit for red 
snapper in the Gulf EEZ from 15 inches (38.1 cm) to 18 inches (45.7 cm) 
for persons subject to the bag limit and to announce the closure of the 
recreational red snapper fishery in the Gulf EEZ effective 12:01 a.m., 
local time, August 29, 1999 (64 FR 30445, June 8, 1999). Upon closure 
of the recreational red snapper fishery, the bag limit becomes zero and 
will remain so until the recreational fishery is reopened, as provided 
by 50 CFR 622.43(a)(1)(ii).
    Additional details concerning the basis for the reduction of the 
red snapper bag limit are contained in the preamble to the initial 
emergency interim rule and are not repeated here.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that the extension of the emergency interim rule is 
necessary to maintain regulatory consistency, to avoid confusion among 
the regulated public, and to help ensure that the recreational

[[Page 33801]]

red snapper quota is not exceeded. The AA has also determined that this 
extension is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This extension of the emergency interim rule is not subject to 
review under E.O. 12866.
    NMFS prepared an economic evaluation of the regulatory impacts 
associated with the emergency interim rule. The economic evaluation 
indicates that the major effects of the emergency interim rule are the 
generation of non-quantifiable positive economic benefits, compared 
with those of the status quo that should accrue because of consistency 
of bag limit measures throughout the year and of a lengthening of the 
recreational fishery's open season. The economic consequences of the 
rule are summarized as ranging from a small to a significant increase 
in economic benefits for the recreational red snapper fishery. Copies 
of the economic evaluation are available (see ADDRESSES).
    The extension of the emergency interim rule continues the current 
4-fish red snapper bag limit, thereby maintaining a recreational 
harvest rate consistent with extending the recreational red snapper 
fishing season without exceeding the recreational quota. The rule will 
also avoid angler confusion that otherwise could result from an 
inadvertent in-season change in the bag limit. A delay in implementing 
this action would result in unnecessary adverse impacts on those 
entities dependent on the red snapper recreational fishery, including 
the associated fishing communities. Accordingly, pursuant to 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 because the delay 
associated with such procedures would be contrary to the public 
interest.
    Similarly, 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.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this extension by 5 U.S.C. 553 or by any 
other law, the analytical requirements of the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq., are inapplicable.

    Dated: June 17, 1999.
    Penelope D. Dalton, Assistant Administrator for Fisheries, National 
Marine Fisheries Service.
[FR Doc. 99-16085 Filed 6-23-99; 8:45 am]
BILLING CODE 3510-22-F