[Federal Register Volume 70, Number 32 (Thursday, February 17, 2005)]
[Rules and Regulations]
[Pages 8037-8039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3092]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 050209033-5033-01; I.D. 020405D]
RIN 0648-AS97


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Commercial Trip Limits for 
Gulf of Mexico Grouper Fishery

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

ACTION: Emergency rule; request for comments.

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SUMMARY: NMFS issues this emergency rule to establish trip limits for 
the commercial shallow-water and deep-water grouper fisheries in the 
exclusive economic zone of the Gulf of Mexico. The intended effect of 
this emergency rule is to moderate the rate of harvest of the available 
quotas and, thereby, reduce the adverse social and economic effects of 
derby fishing, enable more effective quota monitoring, and reduce the 
probability of overfishing.

DATES: This rule is effective March 3, 2005 through August 16, 2005. 
Comments on this emergency rule must be received no later than 5 p.m., 
eastern time, on March 21, 2005.

ADDRESSES: You may submit comments on this emergency rule by any of the 
following methods:
     E-mail: [email protected]. Include in the 
subject line the following document identifier: 0648-AS97.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Phil Steele, Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702.
     Fax: 727-570-5583, Attention: Phil Steele.
    Copies of the documents supporting this emergency rule may be 
obtained from the NMFS Southeast Regional Office at the above address.

FOR FURTHER INFORMATION CONTACT: Phil Steele, 727-570-5305; fax: 727-
570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The fishery for reef fish is managed under 
the Fishery Management Plan for the Reef Fish Resources of the Gulf of 
Mexico (FMP) that was prepared by the Gulf of Mexico Fishery Management 
Council (Council). This FMP 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.

Background

    On June 15, 2004, NMFS published a final rule (69 FR 33315) to end 
overfishing of red grouper in the Gulf of Mexico and to implement a 
stock rebuilding plan as provided in Secretarial Amendment 1 to the 
FMP. That final rule established a red grouper commercial quota; 
reduced the shallow-water and deep-water grouper commercial quotas; and 
included a provision to close the entire shallow-water grouper 
commercial fishery when either the red grouper quota or the shallow-
water grouper quota is reached.

[[Page 8038]]

 As a result of these more restrictive measures, the quotas were 
reached before the end of the 2004 fishing year. NMFS closed the 
commercial fishery for deep-water grouper on July 15, 2004, and closed 
the shallow-water grouper on November 15, 2004, when the quotas for 
these fisheries were reached.
    Two of the principal fishing associations involved in the 
commercial grouper fishery, Southern Offshore Fishing Association 
(SOFA) and Gulf Fishermen's Association (GFA), have indicated the 2004 
closure of both the deep-water grouper and shallow-water grouper 
fisheries, combined with the damaging effects of four hurricanes, 
severely impacted the Florida economy, especially regions along the 
west coast and Panhandle. Although data are not yet available to 
quantify the adverse effects of these recent grouper closures, there is 
ample evidence from other high-value fisheries, e.g., Gulf red snapper, 
Alaskan halibut, that quotas resulting in closures well before the end 
of the fishing season have substantial adverse economic and social 
impacts. Typically, restrictive quotas result in a derby fishing 
effect, i.e., a race for the fish. Problems associated with derby 
fishing and the resultant early closure of fisheries include: market 
gluts and associated depressed prices for fish landed; disruption and 
potential loss of established markets due to lack of a constant supply 
of fish; loss of fresh product for retailers and consumers; financial 
strain due to cash flow constraints in fisheries that have few, if any, 
economically viable fishing alternatives during closures; inability to 
retain experienced fishing crew members; and competitive pressure to 
fish in marginal or unsafe weather. Timely and appropriately structured 
trip limits have the potential to mitigate many of these issues.
    At the November 7-12, 2004, Council meeting, SOFA and GFA requested 
an interim or emergency rule to establish commercial trip limits for 
shallow-water and deep-water grouper to slow the rate of harvest and 
extend the 2005 fishing season, thus reducing potential adverse 
economic consequences for all sectors of the commercial grouper 
fishery, including affected fishing communities. The trip limits 
proposed by the SOFA and GFA were structured as follows: (1) On January 
1, all vessels will be limited to a 10,000-lb (4,536-kg), gutted-weight 
(GW), trip limit for deep-water grouper and shallow-water grouper 
combined; (2) if on or before August 1 the fishery is estimated to have 
landed more than 50 percent of either the shallow-water grouper or the 
red grouper quota, then a 7,500-lb (3,402-kg) GW trip limit takes 
effect; and (3) if on or before October 1 the fishery is estimated to 
have landed more than 75 percent of either the shallow-water grouper or 
the red grouper quota, then a 5,500-lb (2,495-kg) GW trip limit takes 
effect.
    The Council is concerned the rate of commercial grouper harvest may 
increase in 2005 due to industry reaction to the 2004 closures (i.e., a 
derby effect) and because of improvement in the status of the red 
grouper resource as a result of the rebuilding plan and recently 
implemented management measures. Sufficient data are not available to 
evaluate the rate of harvest this early in the 2005 fishing season. 
However, based on experiences in the Gulf red snapper fishery and other 
high-value quota-managed fisheries, there is a high probability of an 
increased harvest rate. Without some mechanism to slow the rate of 
harvest, it is likely the quotas in 2005 would be reached earlier than 
in 2004 resulting in an even shorter fishing season and significant 
adverse economic and social impacts on affected fishermen and the 
dependent fishing communities. The recommended trip limits will slow 
the rate of harvest, help to extend the fishing season, and facilitate 
accurate monitoring of the quotas, thus, lessening the likelihood of 
overfishing. To be most effective, trip limits must be implemented as 
near the beginning of the fishing season as possible.
    For these reasons, the Council requested NMFS develop an emergency 
rule establishing the proposed trip limits for the commercial grouper 
fishery in the Gulf of Mexico for the 2005-fishing year. NMFS concurs 
with the need for emergency implementation of the trip limits.
    NMFS issues this emergency rule, effective for not more than 180 
days, as authorized by section 305(c) of the Magnuson-Stevens Act. The 
emergency rule may be extended for an additional 180 days, provided the 
public has had an opportunity to comment on the emergency rule and 
provided the Council is actively preparing proposed regulations to 
address the emergency on a permanent basis. Public comments on this 
emergency rule are invited and will be considered in determining 
whether to extend this emergency rule. The Council is preparing a 
regulatory amendment under the FMP framework procedure to address, on a 
permanent basis, trip limits for the commercial grouper fishery in the 
Gulf of Mexico that are the subject of this rule. Trip limits are 
needed on a longer-term basis to control harvest rate until such time 
as the Council is able to evaluate and possibly implement a more 
comprehensive management strategy for controlling effort in this 
fishery.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this emergency rule is necessary to minimize adverse 
social and economic impacts, (i.e., derby fishing, market gluts, lower 
ex-vessel prices, potential safety-at-sea issues, and a shortened 
fishing season). The AA has also determined that this rule is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This emergency rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This emergency rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.
    The AA finds good cause to waive the requirement to provide prior 
notice and opportunity for public comment, pursuant to authority set 
forth at U.S.C. 553(b)(B), as such procedures would be impracticable 
and contrary to the public interest. This emergency rule will establish 
commercial trip limits to moderate the rate of harvest of the available 
quotas, thereby helping to keep the fishery open for more of the 
fishing year and reducing the effects of derby fishing and the 
associated adverse social and economic impacts. Preliminary January 
2005 data from the commercial deep-water grouper fishery indicate 
landings are approximately 23 percent higher than landings for the 
comparable time period in 2004, thus making immediate action necessary 
to prevent the adverse consequences this rule is intended to reduce. 
For these same reasons, under 5 U.S.C. 553(d)(3), the AA finds good 
cause to establish an effective date less than 30 days after the date 
of publication. For the reasons stated above, a 30-day delay in the 
effective date of this emergency rule would be contrary to the public 
interest. However, to ensure that vessels at sea will have adequate 
time to return to port and offload prior to the effectiveness of trips 
limits established by this emergency rule, the effectiveness of this 
emergency rule will be delayed until March 3, 2005.

List of Subjects in 50 CFR Part 622

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


[[Page 8039]]


    Dated: February 11, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
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

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.44, paragraph (g) is added to read as follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (g) Gulf deep-water and shallow-water grouper, combined. (1) For 
vessels operating under the quotas in Sec.  622.42(a)(1)(ii) or Sec.  
622.42(a)(1)(iii), the following trip limits apply to Gulf deep-water 
and shallow-water grouper combined. (See Sec.  622.42(a)(1)(ii) and 
Sec.  622.42(a)(1)(iii) for the species included in the deep-water and 
shallow-water grouper categories, respectively).
    (i) Beginning March 3, 2005--10,000 lb (4,536 kg).
    (ii) If on or before August 1 more than 50 percent of either the 
shallow-water grouper quota or red grouper quota specified in Sec.  
622.42(a)(1)(iii) is reached or is projected to be reached--7,500 lb 
(3,402 kg).
    (iii) If on or before October 1 more than 75 percent of either the 
shallow-water grouper quota or red grouper quota specified in Sec.  
622.42(a)(1)(iii) is reached or is projected to be reached--5,500 lb 
(2,495 kg).
    (2) The Assistant Administrator, by filing a notification of trip 
limit change with the Office of the Federal Register, will effect the 
trip limit changes specified in paragraphs (g)(1)(ii) and (iii) of this 
section when the applicable conditions have been met.
[FR Doc. 05-3092 Filed 2-16-05; 8:45 am]
BILLING CODE 3510-22-S