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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970730185-7206-02; I.D. 070797B]

RIN 0648-AJ13

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 the 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). For the red snapper fishery in

the Gulf of Mexico exclusive economic zone (EEZ), the regulatory

amendment: Changes the opening date for the 1997 fall commercial

fishing season from September 15 to September 2; restricts the harvest

of red snapper during the 1997 fall commercial season to an initial

period of September 2 to September 15

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and, thereafter, to a period from the first to the 15th of each month

until the commercial fishery is closed (all openings and closings will

be at noon on the date indicated); establishes a recreational fishery

quota; and authorizes the Regional Administrator, Southeast Region,

NMFS, to close the recreational fishery for red snapper in the EEZ when

the recreational quota is reached or is projected to be reached. The

intended effect of this action is to maximize economic benefits from

the fishery, and to comply with a requirement of the Magnuson-Stevens

Fishery Conservation and Management Act (Magnuson-Stevens Act) that

separate Gulf red snapper recreational and commercial fishing quotas be

established that result in fishery closures when quotas are taken.

DATES: This rule is effective October 6, 1997, except that the removal

of Sec. 622.42(a) introductory text and the revision of Sec. 622.42

(a)(1) is effective September 2, 1997, and the revision of

Sec. 622.34(l) is effective September 15, 1997.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.

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

and is implemented under the authority of the Magnuson-Stevens Act by

regulations at 50 CFR part 622.

The Council proposed adjusted management measures (a regulatory

amendment) for the Gulf red snapper fishery for NMFS' review, approval,

and implementation. These measures were developed and submitted to NMFS

under the terms of the FMP's framework procedure for annual adjustments

in total allowable catch (TAC) and related measures for the red snapper

fishery (framework procedure). Additional background for these measures

was published in the proposed rule (62 FR 42478, August 7, 1997) and is

not repeated here.

Comments and Responses

One written comment regarding timing aspects of the commercial red

snapper fishing season was received during the comment period.

On August 26, 1997, the NOAA Assistant Administrator for Fisheries

(Assistant Administrator) approved this final rule to implement the

regulatory amendment as proposed and submitted by the Council. This

approval decision was made after considering the regulatory amendment

and the public comment received on the proposed rule.

Comment: One individual believes that there is insufficient time

available before the fishery opening date to allow fishery participants

to arrange for vessel crew and make necessary vessel preparations

required for safe fishing in the fall season. This individual also

believes that there is insufficient reason to change certain timing

aspects of the commercial red snapper season (i.e., changing the fall

fishery opening date from September 15 to September 2, 1997, followed

by the 2-week fishery opening periods each month (monthly harvesting

periods). Response: NMFS believes that sufficient time was provided

fishermen to plan for participation in the fall fishery based on an

opening date of September 2, 1997, followed by the monthly harvesting

periods. The Council's Red Snapper Advisory Panel (AP), composed of

industry participants, recommended the September 2 fishery opening date

to avoid adverse weather and provide for better ex-vessel prices for

red snapper. The Council heard public comment, reviewed the AP's

recommendations, and considered various opening dates at its January

15-16, 1997, meeting in Corpus Christi, Texas. Furthermore, NMFS

announced these possible management changes in the notice of proposed

rulemaking for this action published on August 7, 1997, and in a news

release mailed at that time to all fishery participants.

NMFS disagrees that there is no compelling reason to support the

September 2 reopening and monthly harvesting periods. A 1997 fall

commercial red snapper season beginning on September 2 instead of

September 15 will allow the fishery to begin at a time with

traditionally better weather, thereby minimizing potential adverse

impacts on fishing operations, particularly those of smaller vessels. A

continuous harvest of available quota during the fall fishery (status

quo), rather than the monthly harvesting periods, would: Cause vessel

crew fatigue that can reduce fishing productivity; increase the

likelihood of accident or injury because of reduced crew alertness; and

increase the incidence of vessel and gear breakdowns resulting in

higher repair costs because normal, preventive maintenance is

postponed. Also, specifying a two-week period that is closed each month

should allow improved planning efforts for participation in other

fisheries. For these reasons, NMFS approved the Council's proposed

changes in the timing aspects of the fall fishery.

Red Snapper TAC

In considering management adjustments for 1997, the Council did not

propose any change to the current annual red snapper TAC of 9.12

million lb (4.13 million kg). This TAC is within the acceptable

biological catch (ABC) range as identified under and required by the

FMP's framework procedure. The ABC range assumes achieving a 33-percent

reduction in the shrimp fishery bycatch mortality of juvenile red

snapper by bycatch reduction devices (BRDs) in 1997 and an annual 44-

percent reduction thereafter. The Council addressed this bycatch

reduction objective through Amendment 9 to the Fishery Management Plan

for the Shrimp Fishery of the Gulf of Mexico (Amendment 9), which

requires the use of NMFS-certified (BRDs) in most shrimp trawls used in

the Gulf EEZ. Considering that NMFS approved Amendment 9 on July 30,

1997, and that final regulations implementing Amendment 9 will not be

issued until later this year, it is likely that bycatch reduction in

1997 will be less than 33 percent.

The Council contracted a scientific study to evaluate the minimum

reduction in the 1997 red snapper shrimp bycatch mortality rate that

would be consistent with the current program to rebuild the stock to 20

percent spawning potential ratio (SPR) by 2019. Results of this study

indicated that a 33-percent reduction in red snapper bycatch by (BRDs)

would be required in 1997 and 44 percent annually thereafter. However,

according to the study, bycatch reduction of less than 33 percent in

1997 would not significantly compromise the current stock rebuilding

program if a 44-percent reduction was achieved in subsequent years,

i.e., SPR in 2019 would be between 19.6 and 19.8 percent rather than

the 20-percent goal. These facts notwithstanding, NMFS has advised the

Council that the current red snapper rebuilding program must be re-

evaluated to ensure compliance with the Magnuson-Stevens Act

requirements for rebuilding overfished stocks. NMFS and the Council

will monitor the status of the red snapper stock closely and implement

measures necessary to achieve required stock rebuilding consistent with

the best available data.

Classification

This final rule has been determined to be not significant for

purposes of E.O. 12866.

Before the proposed rule was published, the Assistant General

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Counsel for Legislation and Regulation of the Department of Commerce

certified to the Chief Counsel for Advocacy of the Small Business

Administration that the proposed rule, if adopted, would not have a

significant economic impact on a substantial number of small entities.

Accordingly, a regulatory flexibility analysis was not prepared.

Specific findings supporting that conclusion were summarized in the

preamble to the proposed rule and are not repeated here. No public

comments on the certification were received.

Opening the 1997 fall commercial red snapper season on September 2,

instead of September 15, would allow the fishery to begin at a time

with traditionally better weather, thereby minimizing potential adverse

impacts on fishing operations, particularly those of smaller vessels.

Allowing commercial harvest only during the first 15 days of each month

would extend the length of the annual fishing season and thereby

provide market (price) benefits. These benefits depend on the

provisions for the earlier opening taking effect no later than

September 2, 1997, and on the provisions for the initial monthly

closure taking effect no later than September 15, 1997. The Assistant

Administrator for Fisheries, NOAA, finds that attaining these benefits

constitutes good cause under 5 U.S.C. 553(d)(3) of the Administrative

Procedure Act to waive the normal 30-day delay in effectiveness of

Secs. 622.34(l) and 622.42(a)(1) of this rule.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: August 27, 1997.

David L. Evans,

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 (l) is revised, effective September

15, 1997, to read as follows:

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

* * * * *

(l) 1997 closures of the commercial fishery for red snapper. During

1997, the possession of red snapper in or from the Gulf EEZ and 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), from noon on September 15 to noon on

October 1, and thereafter from noon on the 15th of each month to noon

on the first of each succeeding month until the commercial red snapper

season is closed in accordance with Sec. 622.43(a)(1). All times are

local times.

3. In Sec. 622.42, paragraph (a) introductory text is removed and

paragraph (a)(1) is revised, effective September 2, 1997; and paragraph

(a)(2) is revised, effective October 6, 1997, to read as follows:

Sec. 622.42 Quotas.

* * * * *

(a) Gulf reef fish--(1) Commercial quotas. The following quotas

apply to persons who fish under commercial vessel permits for Gulf reef

fish, as required under Sec. 622.4(a)(2)(v).

(i) Red snapper--4.65 million lb (2.11 million kg), round weight,

apportioned in 1997 as follows:

(A) 3.06 million lb (1.39 million kg) available February 1, 1997.

(B) The remainder available at noon on September 2, 1997, subject

to the closure provisions of Secs. 622.34(l) and 622.43(a)(1)(i).

(ii) Deep-water groupers (i.e., yellowedge grouper, misty grouper,

warsaw grouper, snowy grouper, and speckled hind), and, after the quota

for shallow-water grouper is reached, scamp, combined--1.60 million lb

(0.73 million kg), round weight.

(iii) Shallow-water groupers (i.e., all groupers other than deep-

water groupers, jewfish, and Nassau grouper), including scamp before

the quota for shallow-water groupers is reached, combined--9.80 million

lb (4.45 million kg), round weight.

(2) Recreational quota for red snapper. The following quota applies

to persons who harvest red snapper other than under commercial vessel

permits for Gulf reef fish and the commercial quota specified in

paragraph (a)(1)(i) of this section--4.47 million lb (2.03 million kg),

round weight.

* * * * *

4. In Sec. 622.43, paragraph (a)(1) is revised, effective October

6, 1997, to read as follows:

Sec. 622.43 Closures.

(a) * * *

(1) Gulf reef fish--(i) Commercial quotas. 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

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. However, the bag and

possession limits for red snapper apply only when the recreational

quota for red snapper has not been reached and the bag and possession

limit has not been reduced to zero under paragraph (a)(1)(ii) of this

section.

(ii) Recreational quota for red snapper. The bag and possession

limit for red snapper in or from the Gulf EEZ is zero.

* * * * *

[FR Doc. 97-23339 Filed 8-29-97; 3:41 pm]

BILLING CODE 3510-22-F