[Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
[Rules and Regulations]
[Pages 47711-47713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22760]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990506119-9236-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement the approved 
provisions of a regulatory amendment prepared by the Gulf of Mexico 
Fishery Management Council (Council) in accordance with the framework 
procedures for adjusting management measures of the Fishery Management 
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The rule 
establishes a 4-fish recreational red snapper bag limit with a 0-fish 
bag limit for the captain (operator) and crew of a charter vessel or 
headboat and changes the open periods 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 rule's 
intended effect is to maximize the economic benefits from the 
overfished red snapper resource within the constraints of the red 
snapper stock rebuilding program.


[[Page 47712]]


DATES: This final rule is effective October 1, 1999, except for the 
amendments to Secs. 622.34(l) and 622.34(m), which are effective 
September 1, 1999.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive 
economic zone of the Gulf of Mexico is managed under the FMP. The 
Council prepared the FMP, which was approved by NMFS and implemented 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622.
    In accordance with the framework procedures of the FMP, the Council 
recommended, and NMFS published, a proposed rule (64 FR 34756, June 29, 
1999) to: Set the opening date of the recreational red snapper fishing 
season at March 1, beginning with the 2000 fishing year; establish a 4-
fish recreational red snapper bag limit with a 0-fish bag limit for 
captain and crew of a charter vessel or headboat; and change the open 
periods 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 Council also recommended a reduction in the 
minimum size limit for red snapper from 15 (38.1 cm) inches to 14 
inches (35.6 cm) total length. NMFS disapproved this measure under the 
FMP framework procedures prior to publication of the proposed rule; the 
preamble to the proposed rule explained NMFS' rationale for this 
disapproval action. After considering the Council's proposed red 
snapper measures and the public comments, NMFS has approved the 
proposed 0-fish bag limit for captain and crew of the for-hire vessels, 
the 4-fish bag limit for persons not fishing under the commercial 
quota, and the change in the duration of the commercial fall season 
open periods. NMFS has disapproved the proposed delay in the opening of 
the recreational red snapper fishing season (see response to comment 2 
under ``Comments and Responses''). The preamble to the proposed rule 
described the need and rationale for these approved measures and also 
explained NMFS' rationale for disapproving the Council's recommendation 
to reduce the minimum size limit for red snapper to 14 inches. That 
information is not repeated here.

Comments and Responses

    NMFS received 197 written comments on the proposed rule. A summary 
of the comments and NMFS' responses follow.
    Comment 1: The Council requested that NMFS disapprove the 0-fish 
bag limit for captain and crew of for-hire vessels. The Council 
contends that this measure was explicitly linked with its proposal for 
a 4-fish bag limit and a 14-inch (35.6-cm) minimum size limit. The 
intent of these combined measures was to provide a substantial 
extension of the recreational season. The Council states that because 
NMFS disapproved the 14-inch (35.6-cm) minimum size limit, approval of 
the 0-fish bag limit for captain and crew measure would be inconsistent 
with its original intent.
    Response: NMFS has approved the 0-fish bag limit for captain and 
crew of for-hire vessels based on analyses that suggest that this 
measure reduces catch rates by about 3 percent. The 0-fish bag limit 
for captain and crew, along with the 4-fish bag limit, will extend the 
recreational season substantially. In contrast, the 14-inch (35.6-cm) 
minimum size limit requested by the Council would have reduced the 
length of the recreational season, which is contrary to the intent of 
the Council, with little or no corresponding benefit to the stock.
    Comment 2: One hundred ninety-four commenters opposed the delay of 
the start of the recreational season from January 1 to March 1. They 
argued that this delay would result in a 6-month closure of the 
recreational fishery and would cause economic hardship in the Texas 
tourism and hospitality industries.
    Response: NMFS agrees that a delay in the opening of the 
recreational fishery until March 1 would cause economic hardship in 
areas such as South Texas that are dependent on winter tourism and that 
the adverse economic impact of the lost fishing days in January and 
February would be greatest in Texas. With a January 1 opening date, 
preliminary projections indicate the year 2000 fishing season would 
close on July 29; with a March 1 opening these analyses project an 
August 27 closure. Thus, the measure would extend the season further 
into the summer but would result in a net loss of 30 fishing days. The 
Council's economic analysis based on a total allowable catch of 9.12 
million lb, a 5-fish bag limit, and a 15-inch minimum size limit 
suggests a net loss of 6,891 total fishing trips--a 1.76 percent 
reduction. Of these, 1,566 would be for-hire trips. While a reduction 
in recreational fishing effort and an extension of the season further 
into the summer were the intent of the Council in proposing to delay 
the start of the season until March 1, NMFS has disapproved this 
measure based upon finding it inconsistent with national standard 4 of 
the Magnuson-Stevens Act, which requires that the allocation of fishing 
privileges be fair and equitable. Approval of this measure would place 
an unfair economic burden on the Texas for-hire sector and would 
shorten the red snapper recreational fishing season.
     Comment 3: Nineteen commenters supported a 4-fish bag limit; 171 
commenters supported a 5-fish bag limit.
    Response: NMFS believes that a bag limit of no more than 4 fish per 
person is necessary to reduce catch rates and extend the recreational 
fishing season. The Magnuson-Stevens Act requires NMFS to close the red 
snapper recreational fishery once the quota is caught. The Council's 
Socioeconomic Panel has noted that a lower bag limit with a longer 
season yields more economic benefits than a higher bag limit with a 
closure, provided the lower bag limit does not discourage anglers from 
fishing. Based on public testimony, the Council believes that a 4-fish 
bag limit would not significantly discourage anglers from fishing.
    Comment 4: One individual commented on the proposed change in the 
duration of the commercial fall season from the first 15 days of each 
month to the first 10 days of each month until the fall subquota is 
reached. This individual believes the current commercial season has 
caused economic hardship in the commercial sector and suggested a 
continuation of the spring commercial season along with a 100-lb (45.5-
kg) trip limit for the remainder of the year. This individual suggested 
that the fall season be eliminated if necessary to prevent exceeding 
the commercial quota.
    Response: Trip limits to allow a red snapper bycatch were not part 
of the regulatory amendment submitted by the Council. The Council may 
wish to consider additional changes for its 2000 red snapper commercial 
season specifications.

Changes From the Proposed Rule

    For the reasons discussed under the Response to Comment 2, NMFS has 
disapproved the measure delaying the opening of the recreational red 
snapper fishing season until March 1. That measure has been removed 
from this final rule.

[[Page 47713]]

Classification

    This final rule has been determined to be significant for purposes 
of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration when this rule was proposed that this rule would not 
have a significant economic impact on a substantial number of small 
entities. No comments were received regarding this certification. As a 
result, a regulatory flexibility analysis was not prepared.
    The amendments to Secs. 622.34(l) and 622.34(m) are necessary to 
mitigate derby fishery effects, e.g., market gluts and lower exvessel 
prices, and to prevent associated adverse social and economic impacts. 
It is essential that these amendments are effective when the fall 
commercial red snapper season opens on September 1, 1999. Accordingly, 
under authority set forth at 5 U.S.C. 553(d)(3), the Assistant 
Administrator for Fisheries, NOAA, finds for good cause that a 30-day 
delay in the effective date of those measures would be contrary to the 
public interest.

List of Subjects in 50 CFR Part 622

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

    Dated: August 27, 1999.
Gary C. Matlock,
Acting 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. 622.34, the suspension of paragraph (l) is lifted; 
paragraph (m) is removed; and paragraph (l) 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. From September 1 to December 1, 
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, the suspension of paragraph (b)(1)(iii) is 
lifted; paragraph (b)(1)(vi) is removed; and paragraph (b)(1)(iii), 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.
* * * * *
[FR Doc. 99-22760 Filed 8-27-99; 4:44 pm]
BILLING CODE 3510-22-F