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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 980818222-8222-01; I.D. 081898A]

RIN 0648-AL61

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;

Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management

Measures and Closure of the Recreational Fishery

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule with request for comments and notice of

closure.

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SUMMARY: This emergency interim rule releases the remaining 1998

recreational and commercial quota reserves for Gulf of Mexico red

snapper. In so doing, it supersedes certain provisions of the interim

rule that was published in the Federal Register on April 14, 1998. In

addition, NMFS closes the recreational fishery for red snapper in the

exclusive economic zone (EEZ) of the Gulf of Mexico, effective 12:01

a.m., local time, September 30, 1998, through December 31, 1998. The

intended effects are to

[[Page 45761]]

avoid unnecessary restrictions and associated adverse economic and

social impacts, to make the appropriate quotas available to the

recreational and commercial sectors consistent with the best available

scientific information, and to protect the red snapper resource.

DATES: This rule is effective August 27, 1998 through February 24,

1999. The closure of the recreational fishery for red snapper in the

EEZ of the Gulf of Mexico is effective 12:01 a.m., local time,

September 30, 1998, through December 31, 1998.

ADDRESSES: Comments on this emergency interim rule must be mailed to,

and copies of documents supporting this action may be obtained from,

the Southeast Regional Office, NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 727-570-5305.

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 Gulf

of Mexico Fishery Management Council (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.

Total Allowable Catch (TAC)

In February 1998, the Council submitted a regulatory amendment to

the FMP which proposed to maintain the red snapper TAC at 9.12 million

lb (4.14 million kg). The Council based its decision, in part, on an

assumed bycatch reduction in mortality of at least 60 percent for

juvenile red snapper, phased in over a 3-year period, and updated

bycatch reduction device (BRD) performance information which showed

that bycatch reduction levels of 59 percent and above were achievable

with fisheye BRDs. Previous assumptions involved reduction levels

closer to 50 percent based on advice from NMFS gear specialists. At the

higher bycatch reduction level, model projections demonstrated that the

target 20 percent SPR could be achieved by 2019 while maintaining TAC

at 9.12 million lb (4.14 million kg). At the time the Council issued

its regulatory amendment, the requirement for BRDs had not been

implemented. The requirement for BRDs, however, was implemented May 14,

1998, (63 FR 18139, April 14, 1998).

On April 14, 1998, NMFS published an interim rule (63 FR 18144)

which left the 9.12 million-lb (4.14 million-kg) TAC for 1998

unchanged, but held 3.12 million lb (1.42 million kg) in reserve. The

reserve was to be released on September 1, 1998, if a research study

conducted during the summer of 1998 was able to demonstrate that BRDs

could achieve reduction levels above 50 percent. This interim rule was

followed by two additional interim rules (63 FR 27499, May 19, 1998 and

63 FR 27485, May 19, 1998). The first of these certified two new BRDs.

The second implemented data collection requirements, including

mandatory observers, logbooks, and vessel monitoring systems, for the

Gulf shrimp fleet.

Under the latter rule, NMFS began a research study to evaluate BRD

performance under commercial operational conditions. Preliminary

results from the 1998 summer study indicated that juvenile red snapper

bycatch in shrimp trawls has been reduced. However, the analyses of

these data conducted to date do not warrant release of any of the

reserve red snapper TAC in accordance with the interim rule.

However, NMFS believes that adjusted bycatch reduction levels of

about 55 percent are achievable within approximately 2 years. Prior BRD

test results where the BRDs were installed by gear specialists and the

vessel captains were briefed on how to optimize the performance of the

BRD resulted in unadjusted reduction levels of 59 to 71 percent for the

more commonly used fisheye BRDs. Adjustments for compliance, mortality,

and lack of compatible state regulation (based on 1998 study results)

would still provide for bycatch reductions at or above 55 percent. BRD

compliance levels in Federal waters can be expected to reach about 97

percent within approximately 2 years based on NMFS' experience with

improvement in compliance rates for turtle excluder devices. The

predation mortality of fisheye and Jones-Davis BRDs was approximately

1.5 and 20 percent, respectively. Even higher reduction levels may be

possible, especially if BRD requirements are used in combination with

other management measures such as those recommended by the 1997 science

and management peer review (fleet or vessel bycatch quotas and/or

selected area closures to shrimping).

Effect of National Standard Guidelines

Revised national standard guidelines were published on May 1, 1998

(63 FR 24212), which specifically affect red snapper management in the

Gulf of Mexico. In particular, the guidelines call for a change in the

definitions of ``overfishing,'' ``overfished,'' ``optimum yield (OY),''

and a change in recovery schedules. Gulf red snapper are considered

overfished, but recovering.

While the Gulf Council has not yet specified a revised Maximum

Sustainable Yield (MSY), OY, or recovery period for red snapper,

according to a letter from the Council Chair dated August 5, 1998, NMFS

anticipates that the Council will recommend 30-percent spawning

potential ration (SPR) for MSY and the maximum recovery period allowed

by the guidelines to prevent unnecessary economic and social hardships

on the directed red snapper fisheries and fishing communities in the

Gulf of Mexico.

SPR projections modeled by NMFS show that a target SPR level of 30

percent could be achieved within the rebuilding period allowed by the

guidelines, if management measures, including BRDs, phase-in a

reduction of juvenile red snapper bycatch mortality by 55 percent

within 2 years and up to 60 percent during the recovery period.

However, landings cannot exceed TAC (9.12 million lb (4.14 million

kg)). NMFS encourages the Council to evaluate other management measures

to reduce red snapper bycatch, if needed, to reach the bycatch

reduction level necessary to maintain the current 9.12 million-lb (4.14

million-kg) TAC.

Release of the 1998 Red Snapper Reserve TAC

NMFS believes that immediate release of the remainder of the 3.12

million-lb (1.42 million-kg) 1998 red snapper reserve TAC is warranted,

based on advice from NMFS gear specialists; preliminary results from

studies and analyses designed to quantify effects of BRD compliance,

BRD release mortalities, and the lack of compatible state BRD

regulations; and the revised national standard guidelines. NMFS

believes that without this release severe economic and social hardships

would occur in the red snapper commercial and recreational fisheries,

and in the communities that depend on these fisheries. Potential

commercial losses are estimated as a short-term revenue loss of $2.7

million and a profit loss of $1.4 million. The degree to which red

snapper anglers will cancel trips or target alternative species in

response to closures is not known. Potentially, 27 percent of

recreational trips may be canceled. These hardships should be minimized

with a release of the remaining TAC reserve.

Therefore, this emergency interim rule supersedes the TAC

provisions of the April 14, 1998, interim rule and

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releases the remaining recreational quota reserve effective August 27,

1998 and releases the remaining commercial quota reserve of 1.53

million lb (0.69 million kg) effective at noon, local time, on

September 1, 1998. During the commercial season, the red snapper

commercial fishery opens at noon on the first of each month and closes

at noon on the 15th of each month, until the applicable commercial

quota is reached, as determined by near real-time monitoring of

landings at the dealer level. When the commercial quota is reached or

is projected to be reached, notification of the commercial closure will

be published in the Federal Register.

Closure of the Recreational Red Snapper Fishery

Under 50 CFR 622.43, NMFS is required to close the Gulf red snapper

recreational fishery when the available quota is reached, or is

projected to be reached. Because of the large number of recreational

anglers and the geographical diversity of access sites, the procedures

that are used to monitor a quota for recreational fishing are

fundamentally different from the procedures used to monitor quotas for

commercial fishing. For commercial fishing, the catch is unloaded and

recorded as part of the buying/selling transaction, and a physical

record is kept of the transaction. In contrast, all catches by

recreational anglers cannot be recorded and statistical techniques have

to be used to estimate the catches from this sector of the fishery.

For the Gulf of Mexico, three sources of data are used to estimate

recreational red snapper landings: NMFS Marine Recreational Fishery

Statistical Survey (MRFSS), NMFS Headboat Survey, and the Texas

Recreational Fishery Survey. Data from these surveys are used in models

to project landings. In 1997, NMFS used a model based on average

landings from the previous few years adjusted by data from the current

year MRFSS and headboat survey estimates. This model has now been

significantly upgraded and expanded to incorporate age structure and

recruitment information. NMFS believes that the landing projections

based on the upgraded model (length-based simulation model (LSIM)),

with some consideration given to current year conditions, represents

the best available scientific information for estimating when the red

snapper fishery should be closed.

Based on the LSIM model, NMFS projects that the available

recreational quota of 4.47 million lb (2.03 million kg) for red snapper

will be reached by September 29, 1998. Accordingly, the recreational

fishery in the EEZ in the Gulf of Mexico for red snapper is closed

effective 12:01 a.m., local time, September 30, 1998, through December

31, 1998. During the closure, the bag and possession limit is zero for

all red snapper harvested in or from the EEZ in the Gulf of Mexico, and

for all permitted reef fish vessels without regard to where the red

snapper were caught.

Compliance With NMFS Guidelines for Emergency Rules

This emergency rule meets NMFS policy guidelines for the use of

emergency rules, published on January 6, 1992 (57 FR 375). The

situation: (1) Results from recent, unforeseen events or recently

discovered circumstances; (2) presents a serious management problem;

and (3) realizes immediate benefits from the emergency rule that

outweigh the value of prior notice, opportunity for public comment, and

deliberative consideration expected under the normal rulemaking

process.

Recent, Unforeseen Events or Recently Discovered Circumstances

NMFS expects that recovery of red snapper to 30 percent SPR

(assumed proxy for MSY) can be achieved within the recovery period

allowed by the recently published national standard guidelines at

adjusted bycatch reduction levels of 55-60 percent. The current target

recovery SPR level is 20 percent by 2019. Additionally, BRD research,

coupled with advice from NMFS gear experts, indicates that a 55-60

percent adjusted level of bycatch mortality reduction for juvenile red

snapper is a reasonable expectation.

Serious Management Problems in the Fishery

Without this emergency rule, the directed commercial red snapper

fishery would not be allowed to open on September 1, 1998, and the

recreational fishery would have to be closed immediately in Federal

waters. However, these actions appear unnecessary to rebuild the red

snapper stock under the revised national standard guidelines. Failure

to open the commercial fishery and immediate closure of the

recreational fishery would have serious adverse economic impacts on the

commercial and recreational fisheries, and the fishing communities they

support. Potential commercial losses are estimated as a short-term

revenue loss of $2.7 million and a profit loss of $1.4 million. The

degree to which red snapper anglers will cancel trips or target

alternative species in response to closures is not known. Potentially,

27 percent of recreational trips may be canceled. In addition, early

announcement of the recreational closure date will facilitate angler

planning.

Immediate Benefits

The immediate benefits of the emergency rule greatly outweigh the

value of prior notice and opportunity for public comment, which would

occur under normal rulemaking. This rule relieves restrictions on those

individuals and fishing communities dependent on the Gulf red snapper

fishery in a manner that is consistent with the national standard

guidelines, the Magnuson-Stevens Act, and other applicable law.

The NMFS Southeast Fisheries Science Center has determined that

this emergency interim rule is based on the best available scientific

information.

NMFS finds that the timely regulatory action provided by this

emergency interim rule is critical to avoiding unnecessary adverse

economic and social impacts on participants and fishing communities

dependent on the red snapper fishery in the Gulf of Mexico. NMFS issues

this emergency interim rule, effective for not more than 180 days, as

authorized by section 305(c) of the Magnuson-Stevens Act.

Classification

The Assistant Administrator for Fisheries, NOAA (AA), has

determined that this rule is necessary to make the appropriate quotas

of red snapper in the Gulf of Mexico available to the recreational and

commercial fisheries and to avoid unnecessary restrictions. The AA has

also determined that this rule is consistent with the Magnuson-Stevens

Act and other applicable laws.

This emergency interim rule has been determined to be not

significant for purposes of E.O. 12866.

Because prior notice and an opportunity for public comment are not

required to be provided for this rule by 5 U.S.C. 553 or any other law,

the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.

601 et seq., are inapplicable.

NMFS prepared an economic evaluation of the regulatory impacts

associated with this emergency interim rule that is summarized as

follows. This emergency rule releases the remainder of the 3.12 million

lb (1.42 million kg) of TAC that was previously reserved, thereby

increasing both commercial and recreational fishing values. In the case

of the commercial fishery, the additional quota reserve released would

have been 1.59 million lb (0.72 million kg), but this poundage had to

be

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decreased by 0.06 million lb (0.03 million kg) because of a slight

quota overrun during the initial commercial season. The resulting

increase of 1.53 million lb (0.69 million kg) in the commercial quota

translates into increased revenues for the 1998 fishing year of $2.7

million and increased profits of $1.4 million. For the recreational

fishery, the release of the additional quota reserve means that the

recreational fishery will be able to take 34,000 additional red snapper

fishing trips in 1998. The increased number of trips will occur because

a recreational closure for the period September-December means that

126,000 trips would be foregone, while only 92,000 trips will be

foregone when the quota reserve is released and the fishery closed for

the shorter October-December period. Although there is not enough

information to translate the increased number of trips into increased

value in dollar terms, there is no question that there will be

increased satisfaction and consumer surplus for private recreational

fishermen and increased revenues and profits for charterboat and

headboat operators. One way of viewing the change in value is to note

that the increase of 34,000 trips for September means that losses would

approach 27 percent for the balance of 1998 if the quota reserve was

not released. It is noted that the actual loss would be somewhat less

than 27 percent because some of the trips would target alternative

species.

Copies of the economic evaluation are available (see ADDRESSES).

A delay in releasing the available quota reserves, consistent with

the best scientific information available, would result in severe and

unnecessary adverse impacts on all entities dependent on the red

snapper fishery in the Gulf of Mexico, including the recreational and

commercial fisheries and the associated fishing communities.

Accordingly, pursuant to authority set forth at 5 U.S.C. 553(b)(B), the

AA finds that these reasons constitute good cause to waive the

requirement to provide prior notice and the opportunity for prior

public comment, as such procedures would be contrary to the public

interest. Pursuant to 5 U.S.C. 553(d)(1), a delay in the effective date

of this rule is unnecessary because this rule relieves restrictions on

the regulated participants in this fishery.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: August 21, 1998.

Andrew A. Rosenberg,

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.

Sec. 622.42 [Amended]

2. In Sec. 622.42, the suspension of paragraph (a) is lifted;

paragraphs (a)(1)(i)(A) and (a)(1)(i)(B) are further amended by

revising the respective references to Sec. 622.34(l) to read

Sec. 622.34(m); and paragraph (g) is removed.

[FR Doc. 98-22943 Filed 8-21-98; 4:34 pm]

BILLING CODE 3510-22-F