[Federal Register Volume 64, Number 124 (Tuesday, June 29, 1999)]
[Proposed Rules]
[Pages 34756-34758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16519]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990506119-9119-01; I.D. 040799B]
RIN 0648-AM66


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues proposed regulations to implement certain 
provisions of a regulatory amendment prepared by the Gulf of Mexico 
Fishery Management Council (Council) in accordance with framework 
procedures for adjusting management measures of the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). These 
proposed regulations would set the opening date of the recreational red 
snapper fishing season at March 1, beginning with the

[[Page 34757]]

2000 fishing year; establish a 4-fish recreational red snapper bag 
limit with a 0-fish bag limit for captain or crew of a charter vessel 
or headboat; and change the openings of the fall red snapper commercial 
season from the first 15 days of each month to the first 10 days of 
each month, beginning September 1 each year. The intended effect of 
these proposed regulations is to maximize the economic benefits from 
the red snapper resource within the constraints of the rebuilding 
program for this overfished resource.

DATES: Written comments must be received on or before July 14, 1999.

ADDRESSES: Comments on the proposed rule must be sent to Dr. Roy E. 
Crabtree, Southeast Regional Office, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702.
    Requests for copies of the framework regulatory amendment, which 
includes an environmental assessment, and a regulatory impact review 
(RIR), should be sent to the Gulf of Mexico Fishery Management Council, 
3018 U.S. Highway 301 North, Suite 1000, Tampa, FL 33619-2266; Phone: 
813-228-2815; Fax: 813-225-7015; E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree, 727-570-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery in the EEZ of the Gulf 
of Mexico is managed under the 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 Council has proposed adjusted management measures (regulatory 
amendment) for the Gulf red snapper fishery for NMFS' review, approval, 
and implementation. These measures were developed and submitted to NMFS 
under the terms of the FMP's framework procedure for annual adjustments 
in total allowable catch and related measures for the red snapper 
fishery (framework procedure). The proposed regulations would implement 
the measures contained in the Council's regulatory amendment except for 
a proposed measure to reduce the minimum size limit for red snapper 
from 15 to 14 inches. NMFS previously disapproved this measure (see 
below).

Background

    The Council requested that NMFS implement the measures in its 
proposed regulatory amendment through emergency action because the 
proposed recreational season, size limit, and bag limit measures could 
not be implemented by proposed and final regulations before the 
automatic opening of the recreational fishery on January 1, 1999. NMFS 
implemented the 4-fish bag limit via emergency interim rule (63 FR 
72200, December 31, 1998), as requested, to slow the rate of harvest, 
avoid angler confusion, and address emergency conditions in the 
fishery. NMFS did not implement the requested 0-fish bag limit for 
captain and crew, size limit change, or seasonal delay via emergency 
interim rule. NMFS analyses showed that benefits from emergency 
implementation of these measures were not sufficient to justify the 
associated loss of opportunity for prior notice and public comment.
    The Council submitted a proposed regulatory amendment that would 
reduce the minimum size limit (size limit) for red snapper from 15 
inches to 14 inches (38 cm to 36 cm) (total length) for persons fishing 
under the recreational or commercial quotas. NMFS has disapproved this 
measure based on national standard 2 of the Magnuson-Stevens Act and 
has returned this measure to the Council, as provided for by the Reef 
Fish FMP framework procedure. The proposed minimum size limit reduction 
provides no clear economic or biological benefits. NMFS analyses 
suggest that reducing the minimum size limit from 15 inches to 14 
inches would shorten the recreational season by about 7 days, with 
little or no corresponding benefit to the stock.
    Seven Council members signed a minority report opposing the 14-inch 
(36-cm) size limit and the 0-fish bag limit for captain and crew. One 
Council member signed a second minority report opposing the 0-fish bag 
limit for captain and crew.

Recreational Season Delay

    The Council proposes to delay the opening date of the recreational 
season from January 1 to March 1. The Council recommends this change 
based on the preponderance of public testimony that this closure period 
would be the least disruptive to the fishery. The purpose of this 
change is to extend the fishing season further into the fall; however, 
NMFS analyses suggest that the 2-month delay would only extend the 
season an additional 15 days. The proposed delay would close the 
fishery in January and February, resulting in an estimated net loss of 
12,000 angler trips, including 3,600 trips in the for-hire sector. The 
number of lost trips is expected to be greatest in the western Gulf off 
Texas. At its January 1999 meeting, the Council reviewed the NMFS 
economic analyses. Charter vessel and headboat operators from the 
northern and eastern Gulf reiterated their belief that the benefits of 
the extended fall season resulting from the March 1 opening outweigh 
the adverse effects of decreasing the total number of fishing trips per 
year. This testimony may not be representative of the affected Gulf-
wide recreational sector; public comment on this aspect of the proposed 
rule is needed to better evaluate this issue.

Proposed Bag Limit Measures

    To prolong the recreational season, the Council recommends a 0-fish 
bag limit for captain and crew of for-hire vessels and a continuation 
of the 4-fish limit for all other persons subject to the bag limit 
provision (currently in effect for all such persons through June 29, 
1999, via emergency interim rule (63 FR 72200, December 31, 1998)). 
NMFS analyses suggest that the 4-fish bag limit will extend the 
duration of the recreational season beyond that achieved with a 5-fish 
bag limit. Industry participants have suggested that four fish is the 
minimum bag limit that would continue to attract for-hire customers. 
Analyses of the 0-fish bag limit for captain and crew suggest that the 
extension of the season resulting from this measure would be only 5 
days or less. The Council considered this measure in combination with 
other proposed changes and concluded this measure would significantly 
extend the recreational season. Two Council minority reports question 
the fairness and equity of this measure and its disproportionate effect 
on for-hire vessels that carry few customers. These minority reports 
state that the Council approved the measure without any scientific 
analysis; however, the Council was provided the Socioeconomic Panel's 
analyses of the effect of the 0-fish bag limit for captain and crew. 
Additional public comment on these issues is needed.

Commercial Fall Season Adjustment

    The regulations implementing FMP Amendment 15 restricted the red 
snapper commercial harvest to the first 15 days of the month for each 
of the annual fishing seasons beginning February 1 and September 1. 
These monthly harvest periods were intended to benefit the fishery by 
extending the length of the commercial fishing season and stabilizing 
market prices. Based on more recent public testimony, the Council 
concluded that the industry would benefit from a reduction in the 
duration of the monthly open periods from 15 days to 10 days in the 
fall season. The intent of this action is to stabilize ex-vessel 
prices.

[[Page 34758]]

Classification

    This proposed rule has been determined to be significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce has 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    The Council prepared an RIR that describes the economic outcomes 
of the measures in the proposed rule. The proposed measure to reduce 
the recreational bag limit from 5 to 4 fish, plus a 0-fish bag limit 
for captain and crew of for-hire vessels, is expected to reduce the 
projected rate of recreational harvest, potentially reduce the 
angler's economic value per trip, and reduce the benefits of captain 
and crew. Such reductions would be compensated for by extending the 
season by about 4 weeks later in the year. Given certain 
assumptions, this measure would increase the benefits to both 
anglers and for-hire vessels, but the available data do not allow 
the appropriate calculations to be made. Postponing the opening of 
the recreational fishery from January 1 to March 1 would allow the 
fishery to remain open for 15 days more in the fall. Even though the 
extension of the season is viewed as a desirable result, this 
extension will be accompanied by a small reduction in the expected 
total number of angler trips because more trips will be foregone 
during January and February than will be gained later in the season. 
Hence, the overall economic effect of postponing the season is 
expected to be negative by a small but unknown amount. The proposed 
reduction in fishing time from 15 days to 10 days for each open 
month in the fall commercial red snapper season is expected to 
achieve minimal but positive revenue effects. This result is 
expected because the shorter open periods each month will lessen the 
probability of supply gluts when red snapper markets are relatively 
weak in the fall season. The RIR found that the proposed regulations 
will not be significant under E.O. 12866. The RIR also estimated 
that the government costs of developing the rule were $40,500, and 
there are no expected increased costs of monitoring, enforcement or 
reporting.
    The Council also determined, and NMFS concurs, that there will 
not be a significant impact on the estimated 1,626 reef fish permit 
holders who can legally engage in the commercial harvest of red 
snapper or operate for-hire businesses and can legally catch red 
snapper under the recreational bag limit. These permit holders are 
all classified as small entities. This determination was based on a 
finding that none of the measures are expected to directly reduce 
gross revenues of commercial or for-hire vessels, that no production 
cost increases are expected, that no differential small versus large 
firm impacts are expected, that there are no expected changes in 
capital costs of complying with the proposed rule, and that no small 
entities would be expected to cease business if the proposed rule is 
implemented.
    Based on the findings summarized above, the Council concluded that 
the proposed rule would not have a significant impact on a substantial 
number of small business entities, and a regulatory flexibility 
analysis was not prepared.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: June 23, 1999.
Andrew A. Rosenberg,
Deputy Asst. Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is 
proposed to be 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. 622.34, paragraph (l), currently suspended through June 
29, 1999, is revised to read as follows:


Sec. 622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (l) Closures of the commercial fishery for red snapper. The 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 to noon on February 1 and thereafter from noon on the 
15th of each month to noon on the first of each succeeding month until 
the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until noon 
on September 1, whichever occurs first. Starting in September, the 
commercial fishery for red snapper in or from the Gulf EEZ is closed 
from noon on the 10th of each month to noon on the first of each 
succeeding month until the quota specified in Sec. 622.42(a)(1)(i)(B) 
is reached or until the end of the fishing year, whichever occurs 
first. All times are local times. During these closed periods, the 
possession of red snapper in or from the Gulf EEZ and in the Gulf on 
board a vessel for which a commercial permit for Gulf reef fish has 
been issued, as required under Sec. 622.4(a)(2)(v), without regard to 
where such red snapper were harvested, is limited to the bag and 
possession limits, as specified in Sec. 622.39(b)(1)(iii) and (b)(2), 
respectively, and such red snapper are subject to the prohibition on 
sale or purchase of red snapper possessed under the bag limit, as 
specified in Sec. 622.45(c)(1). However, when the recreational quota 
for red snapper has been reached and the bag and possession limit has 
been reduced to zero, the limit for such possession during a closed 
period is zero.
* * * * *
    3. In Sec. 622.39, paragraph (b)(1)(iii), currently suspended 
through June 29, 1999, is revised to read as follows:


Sec. 622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Red snapper--4, except that for an operator or member of the 
crew of a charter vessel or headboat, the bag limit is 0.
* * * * *
    4. In Sec. 622.42, paragraph (a)(2) is revised to read as follows:


Sec. 622.42  Quotas.

* * * * *
    (a) * * *
    (2) Recreational quota for red snapper. The following quota applies 
to persons who harvest red snapper other than under commercial vessel 
permits for Gulf reef fish and the commercial quota specified in 
paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg), 
round weight. Beginning January 1, 2000, this quota becomes available 
on March 1 each year.
* * * * *
[FR Doc. 99-16519 Filed 6-28-99; 8:45 am]
BILLING CODE 3510-22-F