Reef Fish Fishery of the Gulf of Mexico; Red Grouper Size Limits

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 641

[Docket No. 960123012-6012-01; I.D. 011995A]

RIN 0648-AF78

Reef Fish Fishery of the Gulf of Mexico; Red Grouper Size Limits

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration, Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: In accordance with the Gulf of Mexico Fishery Management

Council's (Council) proposed regulatory amendment under the framework

procedure for adjusting management measures of the Fishery Management

Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), NMFS

proposes to change the minimum allowable size of red grouper, currently

20 inches (50.8 cm), to 18 inches (45.7 cm) for persons not subject to

the bag limit. The intended effect of this rule is to facilitate

harvest of the annual commercial quota for the shallow-water grouper

complex, thereby achieving optimum yield.

DATES: Written comments must be received on or before March 1, 1996.

ADDRESSES: Comments on the proposed rule should be sent to Michael E.

Justen or Robert Sadler, Southeast Region, NMFS, 9721 Executive Center

Drive N., St. Petersburg, FL 33702.

Requests for copies of the regulatory amendment, which includes an

environmental assessment and a regulatory impact review, and for copies

of a minority report submitted by five members of the Council, should

be sent to the Gulf of Mexico Fishery Management Council, 5401 W.

Kennedy Boulevard, Suite 331, Tampa, FL 33609-2486.

FOR FURTHER INFORMATION CONTACT: Michael E. Justen or Robert Sadler,

813-570-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico

is managed under the FMP. The FMP was prepared by the Council and is

implemented by regulations at 50 CFR part 641.

Proposed Management Measures

The 9.8-million lb (4.4-million kg) shallow-water grouper quota for

the commercial fishery has not been taken in recent years. The shallow-

water grouper complex includes red grouper, which historically (1986-

91) comprised 62 percent of the commercial catch before the current

minimum size limit became effective on February 21, 1990. Grouper

fishermen testifying to the Council requested the proposed reduction in

the minimum allowable size of red grouper from 20 inches (50.8 cm) to

18 inches (45.7 cm) for persons not subject to the bag limit to

facilitate the harvest of the quota. These fishermen also noted that

wastage occurred in the fishery from discarding dead 18- and 19-inch

fish and from using undersized grouper for bait. Utilization of

undersized grouper for bait is illegal since Sec. 641.7(f) prohibits

the possession of fish smaller than the minimum size limit. Most of

these hidden sources of fishing mortality would be counted against the

quota under an 18-inch minimum size limit, thereby providing a more

accurate estimate of fishing mortality.

The Council reviewed a red grouper stock assessment completed in

September 1994 by the Southeast Fisheries Science Center, NMFS,

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indicating that the spawning potential ratio (SPR) is above the 20

percent level, the threshold below which the stock would be considered

overfished. At its November 1994 meeting, the Council voted to reduce

the commercial and recreational minimum size limit for red grouper to

18 inches (45.7 cm) and subsequently submitted a regulatory amendment

to NMFS for review, approval, and implementation. NMFS informed the

Council that the regulatory amendment would be held in abeyance until

the Council considered new scientific information regarding the effects

of the proposed change in size limits on the stock.

The Council accepted public comment on the new scientific

information and the red grouper size limit issue in two hearings on

March 9, 1995, and also at its March 13-16, 1995, meeting. After

considering the public testimony and recommendations of its Stock

Assessment Panel (SAP), and Scientific and Statistical Committee (SSC),

the Council approved a red grouper minimum size of 20 inches (50.8 cm)

for the recreational sector and 18 inches (45.7 cm) for commercial

sector. The Council subsequently submitted a revised regulatory

amendment (first revised) to NMFS for review, approval, and

implementation.

On April 12, 1995, NMFS rejected the revised regulatory amendment

primarily because of the uncertainty of the impacts the reduced

commercial size limit would have on the long-term productivity of the

stock. Given uncertainties at that time with the available scientific

information about the condition of the red grouper resource, NMFS

informed the Council that approval of the measure would pose an

unacceptable risk of allowing overfishing.

The Council voted at its meeting of July 17-20, 1995, in Key West,

Florida, to submit to NMFS another revised regulatory amendment (second

revised) proposing the change in the commercial minimum size limit. The

Council's action was based on its review of new scientific information

available since NMFS' disapproval of the first revised regulatory

amendment. Also, the Council's action was based on a review of the new

information by its Scientific and Statistical Committee (SSC) and Reef

fish Stock Assessment Panel. After considering the new information, the

SSC withdrew its previous opposition to the 18-inch size limit for the

commercial fishery.

For the second revised regulatory amendment that this rule would

implement, the Council determined that the less restrictive commercial

size limit of 18 inches (45.7 cm) is needed to achieve harvest of red

grouper at the optimum yield level on an annual basis while ensuring

that the SPR remains above 20 percent. In addition, the Council expects

that movement of fishing effort to nearshore waters, where smaller red

grouper are more common, will reduce operating costs in the fishery.

The Council's recommended changes are within the scope of the

management measures that may be adjusted under the FMP's framework

procedure referred to at 50 CFR 641.28; accordingly, the Council's

proposal is published herein for comment. Consistent with the framework

procedures, the Director, Southeast Region, NMFS, will make a final

decision regarding whether the proposed action is consistent with the

objectives of the FMP, the National Standards and other provisions of

the Magnuson Fishery Conservation and Management Act, and other

applicable law after considering the public comment received on the

proposed rule and regulatory amendment. If this decision is

affirmative, he will approve the regulatory amendment and forward an

implementing final rule for publication in the Federal Register.

Comments Requested

Since the Council adopted the first revised regulatory amendment in

March 1995, NMFS has received more than 200 comments from recreational

and commercial fishermen, representatives of environmental interests

groups, and interested members of the public expressing their views

about the proposed minimum size reduction for the Gulf of Mexico

commercial red grouper fishery. This rule invites additional public

comments on the Council's proposal. On July 20, 1995, the Council took

final action to adopt the second revised regulatory amendment. Those

parties who have provided NMFS with comments since July 20, 1995, on

the appropriate commercial minimum size limit for red grouper need not

repeat their comments during the comment period on this rule. NMFS will

consider these earlier comments in taking final action on the Council's

proposal.

While NMFS is inviting comments on all relevant aspects of the

reduced commercial fishery minimum size limit, comments are

specifically invited on the following concerns that reflect issues

raised by public comments to date: (1) What are the long- and short-

term economic and social effects of the proposed rule on the commercial

and recreational fishing sectors? (2) What are the possible conflicts

between the commercial and recreational fishing sectors that may result

from having different size limits for each sector, particularly where

the smaller size limit for the commercial fishery may result in its

harvesting more of the resource than in the past? (3) Is use of an 18-

inch (45.7-cm) minimum size limit for the commercial fishery consistent

with the Magnuson Act's National Standards and with the FMP's

management objectives, particularly with FMP Objective 4 that calls for

minimizing conflicts between user groups of the resource and with

Objective 2 (under FMP Amendment 8) that calls for avoiding, to the

extent practicable, the derby-type fishing season? (4) What are the

associated difficulties with enforcing different minimum size limits

for the commercial and recreational sectors and different commercial

fishery size limits for Federal and adjacent state waters (i.e., 18

inches in the EEZ and 20 inches in Florida's waters)? NMFS is

particularly interested in any data or other reliable information that

would substantiate public views regarding the expected impacts of this

proposal.

Minority Report

A minority report signed by five Council members raises numerous

objections and concerns about: (1) Difficulties of enforcing different

red grouper size limits for Federal and state waters; (2) adverse

impacts in the marketplace based on the expected increased rate of red

grouper landings; and (3) inconsistency with several of the Magnuson

Act's National Standards and with the FMP's management objectives.

Copies of the minority report are available (see ADDRESSES). If issued,

a final rule will respond to: (1) Comments received by NMFS since July

20, 1995, on the appropriate minimum commercial size limit for red

grouper, (2) the minority report, and (3) comments received by NMFS

during the comment period on this proposed rule and regulatory

amendment.

Additional Measure Proposed by NMFS

Section 641.4(a)(1)(i) specifies that a vessel permit is required

as a prerequisite to selling reef fish. NMFS proposes a revision of the

prohibition at Sec. 641.7(s) regarding the sale of fish without a

vessel permit to provide a specific reference to Sec. 641.4(a)(1)(i) in

this regard.

Classification

This proposed rule has been determined to be not significant under

E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

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Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities, because it would not reduce annual gross revenues,

increase production costs or Federal compliance costs, or force small

business entities to cease operation. As a result, a regulatory

flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 641

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: January 25, 1996.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 641 is

proposed to be amended as follows:

PART 641--REEF FISH FISHERY OF THE GULF OF MEXICO

1. The authority citation for part 641 continues to read as

follows:

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

2. In Sec. 641.7, paragraph (s) is revised to read as follows:

Sec. 641.7 Prohibitions.

* * * * *

(s) Purchase, barter, trade, or sell, or attempt to purchase,

barter, trade, or sell, a reef fish harvested aboard a vessel for which

a valid permit has not been issued, as specified in

Sec. 641.4(a)(1)(i), or possessed under the bag limits, as specified in

Sec. 641.24(g).

* * * * *

3. In Sec. 641.21, paragraphs (a)(2) through (a)(6) are revised and

paragraph (a)(7) is added to read as follows:

Sec. 641.21 Harvest limitations.

(a) * * *

(2) Gray, mutton, and yellowtail snappers--12 inches (30.5 cm)

total length.

(3) Lane and vermilion snappers--8 inches (20.3 cm) total length.

(4) Red grouper--20 inches (50.8 cm) total length for a fish taken

by a person subject to the bag limit specified in Sec. 641.24(b)(3) and

18 inches (45.7 cm) total length for a fish taken by a person not

subject to the bag limit.

(5) Nassau, yellowfin, and black groupers and gag--20 inches (50.8

cm) total length.

(6) Greater amberjack--28 inches (71.1 cm) fork length for a fish

taken by a person subject to the bag limit specified in

Sec. 641.24(b)(4) and 36 inches (91.4 cm) fork length, for a fish taken

by a person not subject to the bag limit.

(7) Black sea bass--8 inches (20.3 cm) total length.

* * * * *

[FR Doc. 96-1945 Filed 1-30-96; 8:45 am]

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