[Federal Register Volume 70, Number 36 (Thursday, February 24, 2005)]
[Proposed Rules]
[Pages 9028-9029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3579]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 021705A]
RIN 0648-AS19


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Rebuilding 
Plan

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

ACTION: Notice of availability of Amendment 23 to the Fishery 
Management Plan (FMP) for Reef Fish Resources of the Gulf of Mexico 
(Amendment 23); request for comments.

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SUMMARY: NMFS announces the availability of Amendment 23 prepared by 
the Gulf of Mexico Fishery Management Council (Council) that would 
establish a 10-year rebuilding plan for vermilion snapper in the 
exclusive economic zone (EEZ) of the Gulf of Mexico. The rebuilding 
plan seeks to achieve a 25.5-percent reduction in harvest based on the 
2003 predicted landings. Measures to accomplish this reduction 
equitably for the commercial and recreational sectors of this fishery 
include increases in minimum size, a decreased recreational bag limit, 
and a closed commercial season. Amendment 23 would also establish 
biological reference points and stock status determination criteria for 
vermilion snapper (i.e., maximum sustainable yield (MSY), optimum yield 
(OY), maximum fishing mortality threshold (MFMT), and minimum stock 
size threshold (MSST), consistent with the requirements of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The intended effect of these measures is to end 
overfishing and rebuild the vermilion snapper resource consistent with 
the requirements of the Magnuson-Stevens Act.

DATES: Written comments must be received no later than 5 p.m., eastern 
time, April 25, 2005.

ADDRESSES: You may submit comments on Amendment 23 by any of the 
following methods:
     E-mail: [email protected]. Include in the subject line 
the following document identifier: 0648-AS19.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Peter Hood, Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702.
     Fax: 727-570-5583, Attention: Peter Hood.
    Copies of Amendment 23, which includes a Regulatory Impact Review, 
Initial Regulatory Flexibility Analyses, and a Supplemental 
Environmental Impact Statement, may be obtained from the Gulf of Mexico 
Fishery Management Council, The Commons at Rivergate, 3018 U.S. Highway 
301 North, Suite 1000, Tampa, FL 33619-2266; telephone: 813-228-2815; 
fax: 813-225-7015; e-mail: [email protected]. Copies of 
Amendment 23 can also be downloaded from the Council's website at 
www.gulfcouncil.org.

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

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 
under the authority of the Magnuson-Stevens Act by regulations at 50 
CFR part 622.

Background

    In October 2003, NMFS declared the Gulf of Mexico stock of 
vermilion snapper to be overfished and undergoing overfishing. This 
determination was based in part on the results of a 2001 NMFS vermilion 
stock assessment and review by the Council's Reef Fish Stock Assessment 
Panel that found the stock to be undergoing overfishing. Subsequently, 
NMFS reexamined the assessment, as well as more recent data that 
ultimately supported the findings of the assessment, and declared the 
Gulf of Mexico vermilion snapper stock overfished. Therefore, measures 
to end overfishing and a rebuilding plan to restore the stock to the 
biomass needed to allow harvest at maximum sustainable yield (BMSY) in 
10 years or less are necessary.
    Amendment 23 contains measures for vermilion snapper designed to 
end overfishing and initiate implementation of the rebuilding plan that 
allocates the necessary restrictions fairly and equitably between the 
recreational and commercial sectors of the fishery, consistent with the 
requirements of the Magnuson-Stevens Act.

Rebuilding Plan

    Amendment 23 would establish a 10-year vermilion snapper rebuilding 
plan, structured in one 4-year interval followed by two 3 year 
intervals, that would end overfishing and rebuild the stock to 
BMSY. In Amendment 23, the rebuilding plan begins in 2004 
and continues through 2013. However, due to the time required to 
complete supporting documentation, implementation of this amendment 
will not occur until 2005. Therefore, the rebuilding plan has been 
moved forward one year and will begin in 2005. The intervals are 
intended to provide short-term stability for the management and 
operation of the fishery, correlate more closely with the timing of 
future stock assessments, and provide a more reasonable time period for 
assessing the impacts of prior management actions. The appropriate 
parameters for each time interval, consistent with the overall 
objectives of the rebuilding plan, would be determined based upon the 
most recent stock assessment.

Initial (2005-2008) Implementation of the Rebuilding Plan

    Based on the results of the 2001 vermilion snapper stock assessment 
and updated indices of abundance, the allowable harvest for the first 
4-year interval starting in 2005 is 1.475 million lb (0.664 million 
kg). This equates to a 25.5-percent reduction in harvest based on the 
2003 predicted landings. Measures to accomplish this reduction are:
    (1) a minimum size limit for recreationally caught vermilion 
snapper of 11 inches (27.9 cm) total length (TL);
    (2) a bag limit of 10 fish within the 20-reef fish aggregate bag 
limit. The increase in the size limit, from 10 inches (25.4 cm) TL to 
11 inches (27.9 cm) TL, and the further restriction of the bag limit 
would achieve approximately a 21.5-percent reduction relative to the 
predicted 2003 harvest;
    (3) a minimum size limit for commercially caught vermilion snapper 
of 11 inches (27.9 cm) TL; and
    (4) a closed commercial season from April 22 through May 31 each 
year. This would achieve a 26.3-percent harvest reduction from the 
estimated 2003 landings.
    The reduction in harvest achieved by these measures is slightly 
more than the target 25.5 percent needed by the rebuilding plan. 
Increasing harvest by the commercial sector is believed to

[[Page 9029]]

have contributed the most to the overfishing and overfished conditions 
that must be addressed by this amendment. Therefore, the Council 
decided more of the socioeconomic cost of rebuilding the fishery should 
be placed on the commercial sector. Because the commercial sector lands 
the majority of vermilion snapper (79 percent of the harvest between 
1996 and 2002), the harvest reduction of 26.3 percent obtained by these 
measures was deemed appropriate.
    In addition, Amendment 23 would establish biological reference 
points and stock status determination criteria for vermilion snapper 
(MSY, OY, MFMT, and MSST), consistent with the requirements of the 
Magnuson-Stevens Act.

Additional Review Procedures

    A proposed rule that would implement measures outlined in the 
amendment has been prepared. In accordance with the Magnuson-Stevens 
Act, NMFS is evaluating the proposed rule to determine whether it is 
consistent with Amendment 23, the FMP, the Magnuson-Stevens Act, and 
other applicable law. If that determination is affirmative, NMFS will 
publish the proposed rule in the Federal Register for public review and 
comment.
    Comments received by April 25, 2005, whether specifically directed 
to the FMP or the proposed rule, will be considered by NMFS in its 
decision to approve, disapprove, or partially approve Amendment 23. 
Comments received after that date will not be considered by NMFS in 
this decision. All comments received by NMFS on Amendment 23 or the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

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

    Dated: February 18, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-3579 Filed 2-23-05; 8:45 am]
BILLING CODE 3510-22-S