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. 990506119-9236-02; I.D. 040799B]

RIN 0648-AM66

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 approved

provisions of a regulatory amendment prepared by the Gulf of Mexico

Fishery Management Council (Council) in accordance with the framework

procedures for adjusting management measures of the Fishery Management

Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The rule

establishes a 4-fish recreational red snapper bag limit with a 0-fish

bag limit for the captain (operator) and crew of a charter vessel or

headboat and changes the open periods of the fall red snapper

commercial season from the first 15 days of each month to the first 10

days of each month, beginning September 1 each year. The rule's

intended effect is to maximize the economic benefits from the

overfished red snapper resource within the constraints of the red

snapper stock rebuilding program.

[[Page 47712]]

DATES: This final rule is effective October 1, 1999, except for the

amendments to Secs. 622.34(l) and 622.34(m), which are effective

September 1, 1999.

FOR FURTHER INFORMATION CONTACT: Roy E. Crabtree, 727-570-5305.

SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive

economic zone of the Gulf of Mexico is managed under the FMP. The

Council prepared the FMP, which was approved by NMFS and implemented

under the authority of the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part

622.

In accordance with the framework procedures of the FMP, the Council

recommended, and NMFS published, a proposed rule (64 FR 34756, June 29,

1999) to: Set the opening date of the recreational red snapper fishing

season at March 1, beginning with the 2000 fishing year; establish a 4-

fish recreational red snapper bag limit with a 0-fish bag limit for

captain and crew of a charter vessel or headboat; and change the open

periods of the fall red snapper commercial season from the first 15

days of each month to the first 10 days of each month, beginning

September 1 each year. The Council also recommended a reduction in the

minimum size limit for red snapper from 15 (38.1 cm) inches to 14

inches (35.6 cm) total length. NMFS disapproved this measure under the

FMP framework procedures prior to publication of the proposed rule; the

preamble to the proposed rule explained NMFS' rationale for this

disapproval action. After considering the Council's proposed red

snapper measures and the public comments, NMFS has approved the

proposed 0-fish bag limit for captain and crew of the for-hire vessels,

the 4-fish bag limit for persons not fishing under the commercial

quota, and the change in the duration of the commercial fall season

open periods. NMFS has disapproved the proposed delay in the opening of

the recreational red snapper fishing season (see response to comment 2

under ``Comments and Responses''). The preamble to the proposed rule

described the need and rationale for these approved measures and also

explained NMFS' rationale for disapproving the Council's recommendation

to reduce the minimum size limit for red snapper to 14 inches. That

information is not repeated here.

Comments and Responses

NMFS received 197 written comments on the proposed rule. A summary

of the comments and NMFS' responses follow.

Comment 1: The Council requested that NMFS disapprove the 0-fish

bag limit for captain and crew of for-hire vessels. The Council

contends that this measure was explicitly linked with its proposal for

a 4-fish bag limit and a 14-inch (35.6-cm) minimum size limit. The

intent of these combined measures was to provide a substantial

extension of the recreational season. The Council states that because

NMFS disapproved the 14-inch (35.6-cm) minimum size limit, approval of

the 0-fish bag limit for captain and crew measure would be inconsistent

with its original intent.

Response: NMFS has approved the 0-fish bag limit for captain and

crew of for-hire vessels based on analyses that suggest that this

measure reduces catch rates by about 3 percent. The 0-fish bag limit

for captain and crew, along with the 4-fish bag limit, will extend the

recreational season substantially. In contrast, the 14-inch (35.6-cm)

minimum size limit requested by the Council would have reduced the

length of the recreational season, which is contrary to the intent of

the Council, with little or no corresponding benefit to the stock.

Comment 2: One hundred ninety-four commenters opposed the delay of

the start of the recreational season from January 1 to March 1. They

argued that this delay would result in a 6-month closure of the

recreational fishery and would cause economic hardship in the Texas

tourism and hospitality industries.

Response: NMFS agrees that a delay in the opening of the

recreational fishery until March 1 would cause economic hardship in

areas such as South Texas that are dependent on winter tourism and that

the adverse economic impact of the lost fishing days in January and

February would be greatest in Texas. With a January 1 opening date,

preliminary projections indicate the year 2000 fishing season would

close on July 29; with a March 1 opening these analyses project an

August 27 closure. Thus, the measure would extend the season further

into the summer but would result in a net loss of 30 fishing days. The

Council's economic analysis based on a total allowable catch of 9.12

million lb, a 5-fish bag limit, and a 15-inch minimum size limit

suggests a net loss of 6,891 total fishing trips--a 1.76 percent

reduction. Of these, 1,566 would be for-hire trips. While a reduction

in recreational fishing effort and an extension of the season further

into the summer were the intent of the Council in proposing to delay

the start of the season until March 1, NMFS has disapproved this

measure based upon finding it inconsistent with national standard 4 of

the Magnuson-Stevens Act, which requires that the allocation of fishing

privileges be fair and equitable. Approval of this measure would place

an unfair economic burden on the Texas for-hire sector and would

shorten the red snapper recreational fishing season.

Comment 3: Nineteen commenters supported a 4-fish bag limit; 171

commenters supported a 5-fish bag limit.

Response: NMFS believes that a bag limit of no more than 4 fish per

person is necessary to reduce catch rates and extend the recreational

fishing season. The Magnuson-Stevens Act requires NMFS to close the red

snapper recreational fishery once the quota is caught. The Council's

Socioeconomic Panel has noted that a lower bag limit with a longer

season yields more economic benefits than a higher bag limit with a

closure, provided the lower bag limit does not discourage anglers from

fishing. Based on public testimony, the Council believes that a 4-fish

bag limit would not significantly discourage anglers from fishing.

Comment 4: One individual commented on the proposed change in the

duration of the commercial fall season from the first 15 days of each

month to the first 10 days of each month until the fall subquota is

reached. This individual believes the current commercial season has

caused economic hardship in the commercial sector and suggested a

continuation of the spring commercial season along with a 100-lb (45.5-

kg) trip limit for the remainder of the year. This individual suggested

that the fall season be eliminated if necessary to prevent exceeding

the commercial quota.

Response: Trip limits to allow a red snapper bycatch were not part

of the regulatory amendment submitted by the Council. The Council may

wish to consider additional changes for its 2000 red snapper commercial

season specifications.

Changes From the Proposed Rule

For the reasons discussed under the Response to Comment 2, NMFS has

disapproved the measure delaying the opening of the recreational red

snapper fishing season until March 1. That measure has been removed

from this final rule.

[[Page 47713]]

Classification

This final rule has been determined to be significant for purposes

of E.O. 12866.

The Chief Counsel for Regulation of the Department of Commerce

certified to the Chief Counsel for Advocacy of the Small Business

Administration when this rule was proposed that this rule would not

have a significant economic impact on a substantial number of small

entities. No comments were received regarding this certification. As a

result, a regulatory flexibility analysis was not prepared.

The amendments to Secs. 622.34(l) and 622.34(m) are necessary to

mitigate derby fishery effects, e.g., market gluts and lower exvessel

prices, and to prevent associated adverse social and economic impacts.

It is essential that these amendments are effective when the fall

commercial red snapper season opens on September 1, 1999. Accordingly,

under authority set forth at 5 U.S.C. 553(d)(3), the Assistant

Administrator for Fisheries, NOAA, finds for good cause that a 30-day

delay in the effective date of those measures would be contrary to the

public interest.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: August 27, 1999.

Gary C. Matlock,

Acting 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, the suspension of paragraph (l) is lifted;

paragraph (m) is removed; and paragraph (l) is revised to read as

follows:

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

* * * * *

(l) Closures of the commercial fishery for red snapper. The

commercial fishery for red snapper in or from the Gulf EEZ is closed

from January 1 to noon on February 1 and thereafter from noon on the

15th of each month to noon on the first of each succeeding month until

the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until noon

on September 1, whichever occurs first. From September 1 to December 1,

the commercial fishery for red snapper in or from the Gulf EEZ is

closed from noon on the 10th of each month to noon on the first of each

succeeding month until the quota specified in Sec. 622.42(a)(1)(i)(B)

is reached or until the end of the fishing year, whichever occurs

first. All times are local times. During these closed periods, the

possession of red snapper in or from the Gulf EEZ and in the Gulf 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). However, when the recreational quota

for red snapper has been reached and the bag and possession limit has

been reduced to zero, the limit for such possession during a closed

period is zero.

* * * * *

3. In Sec. 622.39, the suspension of paragraph (b)(1)(iii) is

lifted; paragraph (b)(1)(vi) is removed; and paragraph (b)(1)(iii), is

revised to read as follows:

Sec. 622.39 Bag and possession limits.

* * * * *

(b) * * *

(1) * * *

(iii) Red snapper--4, except that for an operator or member of the

crew of a charter vessel or headboat, the bag limit is 0.

* * * * *

[FR Doc. 99-22760 Filed 8-27-99; 4:44 pm]

BILLING CODE 3510-22-F