[Federal Register Volume 70, Number 141 (Monday, July 25, 2005)]
[Rules and Regulations]
[Pages 42510-42512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14604]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 050708183-5183-01; I.D. 070505D]
RIN 0648-AT45


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

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

ACTION: Temporary rule; interim measures; request for comments.

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SUMMARY: This temporary rule implements management measures for the 
recreational grouper fishery in the exclusive economic zone (EEZ) of 
the Gulf of Mexico, as requested by the Gulf of Mexico Fishery 
Management Council (Council), to reduce overfishing of red grouper. 
This rule establishes a seasonal closure of the recreational fishery 
for all Gulf grouper species and reduces both the recreational bag 
limit for red grouper and the aggregate grouper bag limit. The intended 
effects are to reduce overfishing of red grouper in the Gulf of Mexico 
and to minimize potential adverse impacts on other grouper stocks that 
could result from a shift in fishing effort from red grouper to other 
grouper species.

DATES: This rule is effective August 9, 2005 through January 23, 2006.
    Comments must be received no later than 5 p.m., eastern standard 
time, on August 24, 2005.

ADDRESSES: You may submit comments on this temporary rule by any of the 
following methods:
     E-mail: [email protected]. Include in the subject 
line the following document identifier: 0648-AT45.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Phil Steele, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308; Attention: Phil Steele.
    Requests for copies of documents supporting this rule may be 
obtained from the Southeast Regional Office, NMFS, 263 13th Avenue 
South, St. Petersburg, FL 33701.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone: 727-551-5784; 
fax: 727-824-5308; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (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.

Background

    In October 2000, based on the results of a 1999 stock assessment, 
NMFS declared the red grouper stock overfished and undergoing 
overfishing. The 2002 stock assessment indicated the red grouper stock 
was in an improved condition and no longer overfished. However, the 
stock had not yet reached the biomass level (BMSY) that is 
capable of producing maximum sustainable yield on a continuing basis. 
Therefore, a rebuilding plan was still necessary to restore the stock 
to the BMSY level in 10 years or less. On June 15, 2004, 
NMFS implemented Secretarial Amendment 1 to the FMP to end overfishing 
of red grouper and rebuild the stock. The amendment established a 
commercial quota, a 2-fish recreational bag limit, and a 10-year 
rebuilding plan for red grouper. In addition, the amendment reduced the 
shallow-water and deep-water grouper commercial quotas and provided for 
closure of the entire commercial shallow-water grouper fishery when 
either the commercial shallow-water quota or commercial red grouper 
quota is reached.
    The 10-year red grouper rebuilding plan is based on a stepped 
rebuilding strategy. During the first 3-year interval (2003-2005) of 
the plan, the allowable biological catch (ABC) is 6.56 million lb (2.98 
million kg) gutted weight (GW), which equates approximately to a 9.4-
percent reduction in both commercial and recreational landings compared 
to the average landings during 1999-2001. Based on historical landings, 
the commercial fishery would account for 81 percent of the ABC (5.31 
million lb (2.41 million kg)), and the recreational fishery would 
account for 19 percent (1.25 million lb (0.57 million kg)). In both 
2003 and 2004, recreational red grouper landings exceeded the 1.25-
million lb (0.57-million kg) GW target level, while commercial landings 
were less than the 5.31-million lb (2.41-million kg) GW commercial 
quota. Recreational landings in 2003 were only slightly greater than 
the target level and totaled 1.35 million lb (0.61 million kg) GW. 
However, in 2004, recreational landings were nearly 2.5 times greater 
than the recreational target level, totaling 3.10 million lb (1.4 
million kg) GW.
    During the March 7-10, 2005, Council meeting, the Council reviewed 
red grouper landings and concluded that without additional regulations 
recreational red grouper landings in 2005 are again likely to exceed 
the recreational target level. Based on average recreational landings 
during 2003 and 2004, it is estimated that as much as a 43-percent 
reduction in recreational red grouper landings is needed to end 
overfishing in 2005. Although the Council intends to consider permanent 
recreational management measures as part of a regulatory amendment in 
2006, action is needed in the interim to reduce recreational red 
grouper landings in 2005. The Council passed a motion and subsequently 
submitted a letter requesting NMFS to implement an interim rule to 
reduce the 2005 recreational red grouper catch to levels consistent 
with the rebuilding plan specified in Secretarial Amendment 1.

Provisions of This Temporary Rule

    The purpose of this temporary rule is to reduce the likelihood of 
overfishing red grouper, while minimizing biological impacts on gag and 
other groupers that could result from shifts in effort due to red 
grouper management actions. To achieve this objective, this temporary 
rule reduces the red grouper

[[Page 42511]]

bag limit, reduces the aggregate grouper bag limit, and establishes a 
seasonal closure of the recreational fishery for all groupers. These 
provisions apply to the respective species in or from the exclusive 
economic zone (i.e., Federal waters) of the Gulf of Mexico.

Reduction of the Red Grouper Bag Limit, Combined With a Seasonal 
Closure of the Recreational Grouper Fishery

    This temporary rule reduces the red grouper bag limit from 2 fish 
per person per day to 1 fish per person per day and establishes a 
closure of the recreational fishery, from November through December 
2005, for all grouper species. The combined effect of these measures 
will reduce red grouper recreational harvest by 21.5 percent and will 
reduce recreational harvest of other grouper by 17.8 percent. Because 
red grouper are part of a multispecies fishery, prohibiting harvest of 
all groupers during the seasonal closure will reduce bycatch of red 
grouper and subsequent discard mortality. Applying the closure to all 
groupers will also protect other grouper species from a potential shift 
of fishing effort from red grouper to other groupers.

Reduction of the Aggregate Grouper Bag Limit

    The aggregate grouper bag limit applies to all groupers, except 
goliath grouper (formerly jewfish) and Nassau grouper, for which no 
harvest is allowed. Within the aggregate bag limit, further limitations 
apply to possession of red grouper, speckled hind, and warsaw grouper. 
This temporary rule reduces the aggregate bag limit to 3 grouper, 
combined, per person per day, excluding Goliath grouper and Nassau 
grouper, but not to exceed 1 speckled hind or 1 warsaw grouper per 
vessel per day, or 1 red grouper per person per day. Note that this 
also incorporates the red grouper bag limit reduction discussed 
previously. Prior to this temporary rule, the aggregate bag limit was 5 
grouper, combined, per person per day, excluding Goliath grouper and 
Nassau grouper, but not to exceed 1 speckled hind or 1 warsaw grouper 
per vessel per day or 2 red grouper per person per day. The effect of 
this reduction in the aggregate bag limit is a 5.2-percent reduction in 
recreational harvest of groupers other than red grouper. The reduction 
in the aggregate bag limit will provide protection to other grouper 
species from redirected red grouper fishing effort and may reduce 
bycatch mortality of red grouper, assuming anglers cease fishing when 
the aggregate limit is reached.

Future Action

    NMFS finds that this temporary rule is necessary to reduce 
overfishing of red grouper in the Gulf of Mexico. NMFS issues this 
temporary rule, effective for not more than 180 days, as authorized by 
section 305(c) of the Magnuson-Stevens Act. This interim rule may be 
extended for an additional 180 days, provided that the public has had 
an opportunity to comment on the interim rule and provided that the 
Council is actively preparing proposed regulations to address this 
overfishing on a permanent basis. Public comments on this interim rule 
are invited and will be considered in determining whether to maintain 
or extend this rule to address overfishing of red grouper. The Council 
is preparing a regulatory amendment under the FMP framework procedure 
to address, on a permanent basis, red grouper overfishing issues that 
are the subject of this rule.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this temporary rule is necessary to reduce overfishing 
of red grouper in the Gulf of Mexico and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This temporary rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This temporary rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and public comment.
    This temporary rule addresses overfishing. Delaying action to 
reduce overfishing in the red grouper fishery of the Gulf of Mexico to 
provide further notice and an opportunity for public comment prior to 
implementation would increase the likelihood of a loss of long-term 
productivity from the fishery and increase the probable need for more 
severe restrictions in the future. Recreational red grouper landings 
during January through December 2004 totaled 3.10 million lb. (1.5 
million kg), which exceeded the target catch level of 1.25 million lb. 
(0.6 million kg). These landings data were not fully analyzed and 
verified until early 2005, when complete landings data for 2004 had 
been collected. Therefore, there was no basis to assume the target 
catch level would be exceeded in 2005. Once landings for 2004 had been 
verified, NMFS determined that this interim rule was necessary to 
address overfishing. Based on the new information and other information 
regarding landings trends, recreational landings are now estimated to 
range from 1.66 million lb. (0.75 million kg) to 2.10 million lb. (0.95 
million kg), which is potentially well in excess of the 1.25 million 
lb. (0.6 million kg) target catch level. Therefore there is a need to 
implement these measures in a timely fashion to reduce the potential 
recreational harvest and prevent an overrun of the recreational target 
catch level.
    Accordingly, under authority set forth at 5 U.S.C. 553(b)(B), the 
AA finds, for good cause, namely the reasons set forth above, that 
providing prior notice and the opportunity for prior public comment 
would be contrary to the public interest. Similarly, the need to 
implement these measures in a timely manner for the reasons stated 
above constitutes good cause under authority contained in 5 U.S.C. 
553(b)(B) to establish an effective date less than 30 days after date 
of publication. To provide adequate time to inform the recreational 
fishing sector of the impending changes in bag limits and the closed 
season and to allow recreational fishers to plan and adjust their 
fishing activities accordingly, the effective date of this rule will be 
delayed until 15 days after the date of publication of this rule in the 
Federal Register.

List of Subjects in 50 CFR Part 622

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

    Dated: July 20, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries, 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.  622.34, paragraph (q) is added to read as follows:


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

* * * * *
    (q) Seasonal closure of the recreational fishery for groupers. The 
recreational fishery for any grouper species in or from the Gulf EEZ is 
closed from November through December 2005. During this closure, the 
bag and possession limit for groupers in or from the Gulf EEZ is zero.

0
3. In Sec.  622.39, paragraphs (b)(1)(ii) and (b)(1)(v) are suspended 
and paragraphs

[[Page 42512]]

(b)(1)(viii) and (b)(1)(ix) are added to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (viii) Groupers, combined, excluding goliath grouper and Nassau 
grouper--3 per person per day, but not to exceed 1 speckled hind or 1 
warsaw grouper per vessel per day or 1 red grouper per person per day.
    (ix) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1)(i), (iii), (iv), (vi), (vii), and (viii) of this 
section and excluding dwarf sand perch and sand perch--20.
* * * * *

0
4. In Sec.  622.43, paragraph (a)(1)(i) is suspended and paragraph 
(a)(1)(iii) is added to read as follows:


Sec.  622.43  Closures.

    (a) * * *
    (1) * * *
    (iii) Commercial quotas. If the recreational fishery for the 
indicated species is open, the bag and possession limits specified in 
Sec.  622.39(b) apply to all harvest or possession in or from the Gulf 
EEZ of the indicated species, and the sale or purchase of the indicated 
species taken from the Gulf EEZ is prohibited. In addition, the bag and 
possession limits for red snapper, when applicable, apply 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. If the recreational fishery for the 
indicated species is closed, all harvest or possession in or from the 
Gulf EEZ of the indicated species is prohibited.
* * * * *
[FR Doc. 05-14604 Filed 7-20-05; 3:19 pm]
BILLING CODE 3510-22-P