[Federal Register Volume 65, Number 160 (Thursday, August 17, 2000)]
[Rules and Regulations]
[Pages 50158-50162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000810231-0231-01; I.D. 042400I]
RIN 0648-AM04


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 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). This final rule modifies the 
recreational and commercial red snapper fishing seasons; allocates two-
thirds of the commercial red snapper quota for the spring fishing 
season, with the remainder available for the fall fishing season; 
increases the recreational minimum size limit for red snapper; and 
reinstates a 4-fish recreational red snapper bag limit for captain and 
crew of for-hire vessels (charter vessels and headboats). The intended 
effect of this final rule is to maximize the economic benefits from the 
red snapper resource within the constraints of the stock rebuilding 
program for this overfished resource.

DATES: This final rule is effective September 18, 2000, except for the 
amendment to Sec. 622.34(l) which is effective September 1, 2000.

ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA) 
may be obtained from the Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone: 727-
570-5305, fax: 727-570-5583, email: [email protected]. 
Comments on any ambiguity or unnecessary complexity arising from the 
language used in this final rule should be addressed to the Regional 
Administrator, Southeast Region, NMFS, 9721 Executive Center Drive N., 
St. Petersburg, FL 33702.

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

[[Page 50159]]

5305, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive 
economic zone (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.
    In accordance with the FMP's framework procedures, the Council 
recommended, and NMFS published, a proposed rule (65 FR 36656, June 9, 
2000) to close the recreational red snapper fishery from January 1 
through April 20 and from November 1 through December 31; increase the 
recreational minimum size limit for red snapper from 15 inches (38.1 
cm) to 16 inches (40.6 cm) total length; reinstate a 4-fish 
recreational red snapper bag limit for captain and crew of for-hire 
vessels (charter vessels and headboats); reduce the openings of the 
spring commercial red snapper fishing season from 15 days per month to 
10 days per month; delay the opening of the fall commercial red snapper 
fishing season from noon on September 1 to noon on October 1; and 
allocate two-thirds of the commercial red snapper quota for the spring 
fishing season, with the remainder available for the fall fishing 
season. The preamble to the proposed rule explained the need and 
rationale for these measures and also explained the relationship 
between the measures in this rule and a closely related interim rule 
(64 FR 71056, December 20, 1999) that was subsequently extended (65 FR 
36643, June 9, 2000). Those descriptions are not repeated here.

Comments and Responses

    Seven comments were received on the proposed rule. They are 
summarized and responded to here:
    Comment 1: One individual commented that fishing regulations have 
become overly complex and, as a result, compliance has been reduced. 
This individual suggested that simplification of regulations be a 
priority.
    Response: NMFS agrees that the current fishing regulations are 
complex and that complexity can confuse fishers and reduce compliance. 
NMFS agrees that regulations should be simplified where possible; 
however, any simplification must be consistent with the Magnuson-
Stevens Act.
    Comment 2: One individual stated that the allocation of 51 percent 
of the red snapper annual total allowable catch (TAC) to the commercial 
fishery was unfair and that more fish should be allocated to the 
recreational fishery. This individual also stated that the red snapper 
fishery in the eastern and western Gulf of Mexico should be managed 
separately.
    Response: These issues were discussed at the November 1999 Council 
meeting when the Council voted to request an interim rule to set red 
snapper management measures for 2000. This final rule does not address 
the allocation of TAC or separate regulations for the eastern and 
western Gulf. The Council may choose to address these issues in the 
future through an FMP amendment.
    Comment 3: Two comments objected to the delay in the opening of the 
fall commercial season from September 1 to October 1. One stated that 
prices are lower after Labor Day and that adverse weather in the fall 
creates a safety hazard if the season extends into November. This 
individual expressed a preference for an earlier rather than a later 
starting date.
    Response: The economic information presented in the Council's 
regulatory amendment and deliberations by the Council suggest that a 
delay in the opening date of the fall season could increase economic 
benefits to the fishery. Based on statements by seafood dealers, the 
Council concluded that there is low demand for seafood in September but 
that demand and prices improve in October. Delaying the start of the 
fall commercial season until October is intended to make fresh red 
snapper available at a time when the consumer demand is greater and, 
thus, allow fishermen to get better prices for their catch. This delay 
will have no adverse impact on conservation of the red snapper 
resource; it merely adjusts the timing of when the allowable catch may 
be taken.
    The delay in the start date will result in fishing activity later 
in the fall when cold fronts could produce windy conditions and rough 
seas. However, the delay will result in less likelihood of hurricanes 
or other tropical storms occurring during fishing periods. Thus, it is 
not clear that the delay will subject vessels to any increased danger 
at sea due to adverse weather.
    Comment 4: One individual opposed the use of minimum size limits in 
the red snapper fishery based on his belief that most of the undersized 
fish released will die as a result of capture trauma. Two comments 
expressed opposition to the increase in the recreational minimum size 
limit because this could increase regulatory discards. Another comment 
stated that NMFS has underestimated bycatch mortality in the 
recreational fishery.
    Response: NMFS is concerned with regulatory discards and the 
mortality rates of released red snapper. Based on the best scientific 
information now available, NMFS believes that minimum size limits are 
an effective conservation measure in this fishery. Minimum size limits 
are a widely used fishery management tool and are in part designed to 
allow females to spawn at least once before entering the fishery. This 
pool of protected mature females acts as a buffer against overfishing 
and recruitment failure in a severely overfished stock. The 
effectiveness of this strategy depends on the survival rate of released 
fish. NMFS' stock assessments incorporate a survival rate of 80 percent 
for released red snapper in the recreational fishery and 67 percent in 
the commercial fishery based on the best available scientific 
information. NMFS is currently reviewing recent studies on the release 
mortality rates of red snapper and will recommend the Council consider 
any appropriate changes in management measures, if justified.
    Comment 5: One comment objected to the status quo TAC of 9.12 
million lb (4.14 million kg) and stated that the TAC should be no 
greater than 5.8 million lb (2.63 million kg). This comment also raised 
concerns that the overfishing objective for red snapper in the FMP has 
not been amended to reflect the requirements of the Sustainable 
Fisheries Act (SFA) regarding preventing overfishing and rebuilding 
overfished stocks. Two comments stated that the rule could result in 
unacceptably high fishing mortality rates and that TAC may be too high. 
They stated that fishery management plans must prevent, not merely 
reduce, overfishing and expressed concerns that overfishing continues 
to occur in the red snapper fishery. These two comments urged NMFS to 
work with the Council to establish interim rebuilding goals.
    Response: The Council recommended no change to the status quo TAC 
of 9.12 million lb (4.14 million kg) in its proposed regulatory 
amendment; thus, this rule does not address or alter the current TAC.
    The 1999 red snapper stock assessment included a wide range of 
estimates of maximum sustainable yield (MSY) and the stock biomass 
associated with MSY. NMFS recognizes that there is considerable 
uncertainty associated with these estimates and that the Council has 
latitude to consider this uncertainty when developing a new stock 
rebuilding plan. Conditions

[[Page 50160]]

approaching those estimated to exist near MSY for red snapper have not 
been seen in decades, and, thus, the assessment models require 
assumptions regarding the productivity of the stock in predicting MSY. 
The SFA requires greater reductions in the red snapper harvest and in 
shrimp trawl bycatch mortality of juvenile red snapper than did 
previous management targets. Depending on the reduction of red snapper 
bycatch mortality achieved in the shrimp fishery and appropriate stock 
rebuilding parameters, the Council's 1999 Reef Fish Stock Assessment 
Panel estimates of acceptable biological catch for TAC range from 0 to 
9.12 million lb (0 to 4.14 million kg). The best available scientific 
information indicates that the 9.12 million-lb (4.14 million-kg) TAC 
for 2000 may slow the rate of recovery in the early years of any stock 
rebuilding program but would not jeopardize recovery of the stock 
consistent with the rebuilding requirements of the Magnuson-Stevens 
Act, particularly if greater reductions in bycatch mortality are 
achieved, as expected. However, an immediate and significant reduction 
in TAC would have serious adverse economic effects upon participants in 
the fishery.
    NMFS agrees that additional action is required to establish a 
rebuilding plan for red snapper that is consistent with the 
requirements of the SFA. Section 304(e)(4)(A) of the Magnuson-Stevens 
Act states that for overfished stocks, fishery management plans must 
specify a time period for ending overfishing and rebuilding the 
fishery. On November 17, 1999, NMFS disapproved the red snapper 
rebuilding plan proposed for the Council's Generic SFA Amendment. NMFS 
disapproved the plan because it specified a fishing-mortality-based 
rebuilding target rather than a biomass-based target and because it did 
not estimate the time to rebuild in the absence of fishing mortality 
consistent with the requirements of the Magnuson-Stevens Act (as 
amended by the SFA) and the national standard guidelines. The Magnuson-
Stevens Act, as amended by the SFA, mandates that overfished stocks be 
rebuilt to a biomass level capable of producing MSY. Until a new 
rebuilding plan is implemented, NMFS will continue to base red snapper 
management upon the criteria specified in the FMP. The NMFS Southeast 
Fisheries Science Center has determined that the status quo TAC is 
compatible with the FMP's existing stock rebuilding plan, provided that 
bycatch reduction of at least 50 percent will be achieved in year 2000 
and beyond, that harvests will not exceed quotas, and that future 
recruitment, on average, will increase as spawning stock biomass 
increases.
    At the July 2000 Council meeting, NMFS presented a draft red 
snapper stock rebuilding plan for the Council's consideration that 
specifies a timeframe for ending overfishing and achieves recovery of 
the stock within the allowed timeframe. To address uncertainty in the 
current assessment of the status of the stock and the magnitude of 
biomass-based rebuilding targets, the rebuilding plan contains interim 
rebuilding goals to ensure that adequate progress is made toward stock 
recovery. The Council has referred this plan to its Reef Fish Stock 
Assessment Panel for review in August 2000. The Council must take 
action to recommend this or another rebuilding plan that is in 
compliance with the Magnuson-Stevens Act.
    Comment 6: Two comments stated that a set recreational fishing 
season (April 21 to October 31) violates the Magnuson-Stevens Act 
requirement that the red snapper recreational fishery be closed once 
the quota is reached. These two comments and another comment raised 
concerns that the recreational fishery has consistently exceeded its 
quota.
    Response: The Magnuson-Stevens Act requires that the Gulf of Mexico 
red snapper recreational fishery be closed when the quota is reached. 
To comply with this requirement, NMFS works with the Council to 
implement red snapper recreational fishery management measures and 
establish closure dates that, based upon the best available scientific 
information, are likely to result in annual recreational catches that 
approximate the quota. NMFS uses a computer simulation model to project 
estimates of how many fish will be caught for various time periods 
based on a lengthy historical database. Establishing fishery closure 
dates based on projections is the only practicable method of setting 
such dates. This is because the real-time data are not available soon 
enough toward the end of the fishing season to allow for the evaluation 
and analysis necessary to determine the appropriate closure date and 
implement it in time to prevent quota overages. The intent of the 
interim rule issued December 20, 1999, and extended on June 9, 2000, as 
well as this final rule, which replaces the interim rule, is to reduce 
overfishing of red snapper by increasing the likelihood of compatible 
fishery closures by the Gulf states. In turn, a higher level of 
compliance should result and, thus, reduce the probability of exceeding 
the recreational quota in 2000.
    Comment 7: One comment stated that shrimp trawl bycatch reduction 
devices (BRDs) reduce red snapper juvenile mortality by only 17 to 26 
percent, less than the 40-percent level NMFS believes was achieved in 
1999.
    Response: NMFS disagrees. NMFS currently estimates that BRDs reduce 
red snapper bycatch mortality by approximately 40 percent and that 
greater reductions in 2000 are likely to result from changes in the 
design of acceptable BRDs and from improvements in industry's ability 
to use BRDs effectively as experience is gained. The 1999 Reef Fish 
Stock Assessment Panel also concluded that bycatch mortality for red 
snapper in 1999 was reduced about 40 percent. The improvement in BRD 
performance in 1999 is, in part, a result of the elimination of the 
configuration that resulted in the elephant ear flap obstructing the 
opening of the BRD.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared an FRFA for this final rule, based on the initial 
regulatory flexibility analysis (IRFA) and public comments. A summary 
of the FRFA follows.
    The regulatory amendment implemented by this final rule was 
prepared by the Council and submitted to NMFS for review, approval, and 
implementation under authority of the Magnuson-Stevens Act. The Council 
concluded that the proposed rule, if adopted, would have a significant 
economic impact on a substantial number of small business entities and 
prepared an IRFA. Management changes under this rule that will have an 
economic impact on small entities include increasing the recreational 
red snapper size limit from 15 inches (38.1 cm) to 16 inches (40.6 cm); 
allowing the captain and crew of for-hire vessels to retain a 4-fish 
bag limit; setting the recreational red snapper season from April 21 
through October 31; starting the commercial spring season on February 1 
and having mini-seasons of 10 days each month until the spring quota is 
reached; and, starting the fall mini-seasons (already established at 10 
days per month) on October 1.
    The primary FMP objective addressed by the rule is to establish a 
harvest level that will achieve a red snapper spawning potential ratio 
of 20 percent by the year 2019. This rule also has the objective of 
attempting to maximize the net benefits to be obtained from the TAC 
consistent with the primary FMP objective. Preliminary economic

[[Page 50161]]

analyses by NMFS and management suggestions offered by red snapper 
stakeholders suggested that such improvements in net benefits were 
possible.
    NMFS received seven comments on the proposed rule and categorized 
the comments according to subject matter, including comments that 
involve economic impacts on small entities. Two commercial fishermen 
from Texas objected to the delay in the opening of the fall commercial 
season from September 1 to October 1 on the basis that prices are 
allegedly lower after Labor Day and that adverse weather in the fall 
creates a safety hazard. However, NMFS analyses and statements by 
seafood dealers indicate that a delay in the opening date of the fall 
season will increase prices and economic benefits. NMFS recognizes that 
weather patterns vary in the Gulf of Mexico. Although the delayed 
opening could result in more exposure to cold front-related weather, it 
should reduce exposure to hurricanes that present a more severe safety 
risk. There were no changes to the proposed rule that resulted from 
these public comments.
    The Council determined that 450 to 650 commercial vessels 
representing small entities would be directly affected by the rule. 
Most of the vessels use handline gear, have an average length of 38 ft 
(11.6 m) and generate average annual gross revenues of about $52,000. 
About 1,200 charterboats and headboats representing small entities 
would be affected by the rule. The charterboat businesses use boats 
that average 37 ft (11.3 m) in length and generate about $56,000 in 
sales, while the headboats have an average length of 62 feet (18.9 m) 
and have annual receipts of about $140,000. No additional reporting, 
record keeping, or other compliance requirements by small entities are 
contained in the final rule.
    Four alternatives, including the status quo of a minimum size limit 
of 15 inches (38.1 cm) total length, were identified for the proposal 
to increase the recreational red snapper size limit to 16 inches (40.6 
cm). The status quo and a lower size limit of 14 inches (35.6 cm) were 
rejected because both alternatives would increase the rate of harvest 
and lead to a shorter season, thereby reducing the recreational value. 
An alternative of no size limit with a requirement to retain the first 
four fish was considered. This alternative was rejected because the 
biological evidence shows that the greater abundance of small fish 
would lead to a need to lower the TAC to maintain the spawning 
potential ratio goal. A lower TAC implies a lowering of economic 
benefits. An 18'' minimum size limit was rejected because of comments 
from recreational fishermen that undersize released fish were suffering 
high release mortalities. A conservative approach, which considers that 
the release mortality could be higher than was originally assumed, 
argues against adoption of a substantially higher minimum size limit. 
The Council proposed a captain and crew bag limit allowance of four 
fish and considered the status quo of no bag limits for captain and 
crew. Although the RIR found that the captain and crew bag limit may 
lead to a reduction in net economic benefits, the Council chose the 
alternative because it believed that the benefits from a longer season 
would not exceed the loss of harvest privileges for captain and crew. 
The Council considered five alternatives, including the status quo, to 
their proposal to set a recreational red snapper season and to give the 
Regional Administrator, Southeast Region, NMFS (Regional Administrator) 
the authority to delay the opening date in an attempt to accommodate 
additional landings related to the action allowing a 4-fish bag limit 
for captain and crew of for-hire vessels. Under the status quo, the 
season starts on January 1 and closes when the quota is met. The status 
quo has resulted in short seasons that eliminate some of the more 
profitable for-hire fishing trips that occur later in the year. For the 
2000 fishing season, under status quo conditions the fishery is 
projected to remain open 210 days, allow 192,000 red snapper target 
trips, and produce approximately $41 million in angler consumer 
surplus. The Council investigated suitable alternatives to increase 
angler participation and consumer surplus and initially chose the April 
15 through October 31 alternative. This scenario results in a 200-day 
fishing season, which is 10 days shorter than the status quo season but 
would accommodate 199,000 red snapper target trips because the season 
would extend into the more intensely fished fall months. This level of 
effort would produce approximately $42 million in angler consumer 
surplus, or $1 million more than the status quo. However, the current 
regulations still require a closure whenever the quota is determined to 
be met, and the RIR indicates that trips occurring later in the season 
are more valuable than trips occurring earlier in the year. For this 
reason, the Council also proposed giving the Regional Administrator the 
authority to delay the opening date to accommodate overruns that were 
otherwise projected to be associated with the captain and crew bag 
limits. The intent was to maintain the October 31 closing date while 
keeping the recreational sector within its quota. The date chosen by 
the Regional Administrator was April 21 and that date appears in the 
final rule. This scenario would result in a 194-day fishing season. 
Total consumer surplus would remain approximately equal to that of the 
status quo at $41 million, yet approximately 2,000 additional target 
trips would be allowed, for a total of 194,000 angler trips. The 
Council noted that an additional consequence of shifting the season may 
be the generation of geographically differential impacts, particularly 
within the for-hire sector. The for-hire fleet is relatively more 
active in the western Gulf, particularly Texas, during the winter 
months, and has fewer available target species than the eastern Gulf 
fleet, which prosecutes the fishery more heavily in the fall and has a 
greater number of available alternative species to target when the red 
snapper fishery is closed. Thus, closure of the fishery during the 
winter months in favor of an extended fall season, while increasing 
total effort and consumer surplus, may result in a disproportionate 
distribution of impacts. To address this concern, a rejected 
alternative was to open the recreational season for January and 
February, close it for late winter, reopen at an unspecified date in 
the spring or summer and then close it for the year whenever the quota 
was met. This approach would attempt to maximize for-hire profits 
through more closely linking the open seasons with the high vacation 
seasons in the different areas of the Gulf of Mexico. Since there was 
not enough information available to evaluate the economic consequences 
of the alternative, notably the absence of information on how fishing 
patterns might shift, and there was also no spring/summer opening date 
specified, the economic outcome of the alternative could not be 
evaluated. An additional rejected recreational alternative to address 
the regionally variable demand patterns would split the Gulf of Mexico 
into subregions with the possibility of different seasons, sub-
allocations, size limits and bag limits. This alternative was rejected 
based on a determination by NOAA's General Counsel that the alternative 
could not be considered under a regulatory amendment but would require 
a full FMP amendment.
    The Council set specific regulations for the spring and fall 
commercial seasons in order to maximize economic benefits. For the 
spring season, the Council proposed starting the season on February 1 
and having mini-seasons of

[[Page 50162]]

10 days each month until the spring quota is reached. The status quo 
alternative of 15 day mini-seasons in the spring was rejected because 
an economic analysis conducted by NMFS and included in the RIR 
indicated an increase of net benefits from the shorter mini-seasons. 
The fall mini-seasons were already established at 10 days per month, so 
the Council elected to maintain the status quo from that respect. 
However, the Council proposed to initiate the fall season on October 1 
versus the status quo of September 1 because demand and prices tend to 
be higher in October, and the delay would have no adverse impact on 
conservation of red snapper.
    Copies of the FRFA are available (see ADDRESSES).
    The amendment to Sec. 622.34(l) delays the opening of the fall 
commercial red snapper fishing season from noon on September 1 to noon 
on October 1. This delayed opening was proposed initially by 
representatives of the commercial red snapper fishing industry who 
believed that the later opening date would help to optimize revenues 
derived from the available fall commercial quota. Seafood dealers have 
stated that both the demand for seafood and ex-vessel prices are higher 
in October than in September. The delayed opening is intended to 
increase revenues to commercial harvesters and to help ensure that 
fresh red snapper are available when consumer demand is greatest. To 
ensure that these benefits are achieved for the fall 2000 fishing 
season, the amendment to Sec. 622.34(l) must be effective no later than 
September 1, 2000. Accordingly, under 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 Sec. 622.34(l) would be contrary to the 
public interest.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment on any ambiguity or 
unnecessary complexity arising from the language used in this final 
rule. Such comments should be directed to NMFS Southeast Regional 
Office (see ADDRESSES).

List of Subjects in 50 CFR Part 622

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

    Dated: August 11, 2000.
William T. Hogarth,
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. 622.34, paragraph (n) is removed and reserved; the 
suspension of paragraph (l) is lifted; and paragraphs (l) and (m) are 
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 
10th 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 October 1, whichever occurs first. From October 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.
    (m) Closures of the recreational fishery for red snapper. The 
recreational fishery for red snapper in or from the Gulf EEZ is closed 
from January 1 through April 20 and from November 1 through December 
31. During a closure, the bag and possession limit for red snapper in 
or from the Gulf EEZ is zero.
    (n) [Reserved]
* * * * *

    3. In Sec. 622.37, paragraph (d)(1)(vi) is removed; the suspension 
of paragraph (d)(1)(iv) is lifted; and paragraph (d)(1)(iv) is revised 
to read as follows:


Sec. 622.37  Size limits.

* * * * *
    (d) * * *
    (1) * * *
    (iv) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec. 622.39(b)(1)(iii) and 
15 inches (38.1 cm), TL, for a fish taken by a person not subject to 
the bag limit.
* * * * *

    4. In Sec. 622.39, paragraphs (b)(1)(viii) and (b)(1)(ix) are 
removed; the suspensions of paragraphs (b)(1)(iii) and (b)(1)(v) are 
lifted; and paragraph (b)(1)(iii) is revised to read as follows:


Sec. 622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Red snapper--4.
* * * * *

    5. In Sec. 622.42, paragraphs (a)(1)(i)(A) and (a)(1)(i)(B) are 
revised to read as follows:


Sec. 622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) * * *
    (A) Two-thirds of the quota specified in Sec. 622.42(a)(1)(i), 3.10 
million lb (1.41 million kg), available at noon on February 1 each 
year, subject to the closure provisions of Secs. 622.34(l) and 
622.43(a)(1)(i).
    (B) The remainder available at noon on October 1 each year, subject 
to the closure provisions of Secs. 622.34(l) and 622.43(a)(1)(i).
* * * * *
[FR Doc. 00-20994 Filed 8-16-00; 8:45 am]
BILLING CODE 3510-22-F