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. 960807218-6218-01; I.D. 072996D]

RIN 0648-AG89

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: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement certain 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). The regulatory

amendment would increase the annual commercial quota for red snapper;

reopen the commercial red snapper fishery on September 15, 1996, to

allow harvest of the remainder of the 1996 quota; split the 1997

commercial quota between two seasons, the first beginning on February 1

with a quota of 3.06 million lb (m lb) (1.39 million kg (m kg)) and the

second beginning on September 15, 1997, with a quota equal to the

unharvested balance of the annual commercial quota; extend the

rebuilding schedule for red snapper; and increase the total allowable

catch (TAC) of red snapper. The intended effect of this proposed rule

is to maximize the economic benefits from the red snapper resource

within the constraints of the rebuilding program for this overfished

resource.

DATES: Written comments must be received on or before August 30, 1996.

e annual commercial quota; extend the

rebuilding schedule for red snapper; and increase the total allowable

catch (TAC) of red snapper. The intended effect of this proposed rule

is to maximize the economic benefits from the red snapper resource

within the constraints of the rebuilding program for this overfished

resource.

DATES: Written comments must be received on or before August 30, 1996.

ADDRESSES: Comments on the proposed rule must be sent to Robert Sadler,

Southeast Region, NMFS, 9721 Executive Center Drive N., St. Petersburg,

FL 33702.

Requests for copies of the framework regulatory amendment, which

includes an addendum, environmental assessment, a regulatory impact

review (RIR), and an initial regulatory flexibility analysis (IRFA),

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: 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 622 under the authority of

the Magnuson Fishery Conservation and Management Act (Magnuson Act).

Disapproval of Proposed Size Limit Reductions

The regulatory amendment submitted by the Council would have

reduced the minimum size limit for red snapper taken under the

commercial quota from 15 inches (38.1 cm) to 14 inches (35.6 cm), and

eliminated the FMP's automatic size limit increase to 16 inches (40.6

cm) scheduled for January 1, 1998. Based on a preliminary evaluation of

the regulatory amendment, NMFS concluded that these proposed measures

are inconsistent with National Standard 1 of the Magnuson Act and the

agency's policy of risk-averse decision-making. National Standard 1

requires that conservation and management measures prevent overfishing

matic size limit increase to 16 inches (40.6

cm) scheduled for January 1, 1998. Based on a preliminary evaluation of

the regulatory amendment, NMFS concluded that these proposed measures

are inconsistent with National Standard 1 of the Magnuson Act and the

agency's policy of risk-averse decision-making. National Standard 1

requires that conservation and management measures prevent overfishing.

The agency's risk-averse policy requires that NMFS give the benefit of

the doubt to conservation of the fishery resource in situations

involving scientific or other uncertainty about the effects of

management actions on the resource. Recovery of the red snapper stock

under the FMP's management program is contingent upon achieving a 50-

percent reduction in shrimp trawl bycatch of juvenile red snapper

beginning in 1997. In the absence of actually achieving the required

level of reduction of shrimp trawl bycatch mortality, NMFS concluded

that the proposed size limit measures could adversely affect rebuilding

of the stock. In addition, NMFS believes that the proposed size limit

measures may be inconsistent with

the Magnuson Act's National Standard 6, which states that conservation

and management measures shall take into account and allow for

variations among, and contingencies in, fisheries, fishery resources,

and catches. Accordingly, NMFS has disapproved these size limit

provisions and has not included them in this proposed rule.

Extension of the Red Snapper Recovery Schedule

be inconsistent with

the Magnuson Act's National Standard 6, which states that conservation

and management measures shall take into account and allow for

variations among, and contingencies in, fisheries, fishery resources,

and catches. Accordingly, NMFS has disapproved these size limit

provisions and has not included them in this proposed rule.

Extension of the Red Snapper Recovery Schedule

The 1995 red snapper stock assessment, prepared by NMFS' Southeast

Fisheries Science Center, concluded that (1) the species lives longer

than previously believed (estimated now at up to 53 years rather 42

years), and (2) that the natural mortality rate is lower than

previously estimated (0.10 rather than 0.20). As a result of the

revised estimates of the natural life span and the natural mortality

rate, the estimate of generation time increased from 13.6 to 19.6

years. Based on these new scientific findings, and on the FMP's

specification of a recovery time period for the overfished red snapper

resource that cannot exceed 1.5 times the unfished generation time, the

Council has proposed to change the target date for recovery of the

resource from 2009 to 2019.

Red Snapper TAC

Based on a revised target year of 2019 for rebuilding the red

snapper stock and on other aspects of the 1995 red snapper stock

assessment, the Council's Reef Fish Stock Assessment Panel recommended

an allowable biological catch (ABC) range for red snapper of 6.00 to

10.00 m lb (2.63 to 4.38 m kg) assuming the shrimp trawl bycatch of

juvenile red snapper is reduced by at least 50 percent beginning in

1997. Based on the current technology of bycatch reduction devices, the

Council believes the required red snapper bycatch reductions can be

achieved in the required time frame. Based on the FMP's framework

procedure, the Council has selected a new red snapper TAC of 9.12 m lb

(4.13 m kg), which is within the revised ABC range as required by the

FMP

reduced by at least 50 percent beginning in

1997. Based on the current technology of bycatch reduction devices, the

Council believes the required red snapper bycatch reductions can be

achieved in the required time frame. Based on the FMP's framework

procedure, the Council has selected a new red snapper TAC of 9.12 m lb

(4.13 m kg), which is within the revised ABC range as required by the

FMP.

NMFS has concerns regarding the proposed increase in the TAC since

the acceptable impacts of this measure on stock recovery depend upon

achieving the 50-percent red snapper bycatch reduction goal in 1997.

Comments on this aspect of the proposed TAC are specifically invited.

Commercial Quota, Season, and Recreational Allocation for Red

Snapper

Based on the FMP's 51:49 ratio for allocating between the

commercial and recreational fisheries, a TAC of 9.12 m lb (4.13 m kg)

would result in a commercial quota of 4.65 m lb (2.10 m kg) and a

recreational allocation of 4.47 m lb (2.03 m kg). The commercial

fishery is managed primarily based on a minimum size limit, an annual

quota enforced by a fishery closure when the quota is attained, and

specialized permitting provisions. The recreational fishery is managed

primarily by a minimum size limit and a daily bag limit. The proposed

recreational fishery allocation would not require any changes to the

current recreational bag limit of five red snapper per person per day

or the current minimum size limit of 15 inches (38.1 cm).

Without the regulatory amendment measures as proposed in this rule,

the commercial fishery would remain closed until January 1, 1997, the

start of the new fishing year. The Council proposes that NMFS reopen

the commercial fishery on September 15, 1996, to allow harvest of the

remainder of the increased 1996 quota (i.e., 1.59 m lb (0.72 m kg) to

be adjusted based on actual catches during the 1996 spring season)

tory amendment measures as proposed in this rule,

the commercial fishery would remain closed until January 1, 1997, the

start of the new fishing year. The Council proposes that NMFS reopen

the commercial fishery on September 15, 1996, to allow harvest of the

remainder of the increased 1996 quota (i.e., 1.59 m lb (0.72 m kg) to

be adjusted based on actual catches during the 1996 spring season).

In a related action, Amendment 13 to the FMP, the Council proposed

to extend the red snapper vessel permit endorsement and trip limit

system and suspend implementation of the red snapper individual

transferable quota (ITQ) system approved under Amendment 8. Without

suspension of the ITQ system, the commercial fishery for red snapper

would have to operate under the ITQ provisions that require issuance of

ITQ coupons to authorize harvest or possession of red snapper. As

explained in the proposed rule for Amendment 13 (61 FR 32422, June 24,

1996), NMFS is prohibited from implementing the ITQ system at this

time. Accordingly, the opening of the commercial fishery on September

15, 1996, under the provisions of this proposed rule is contingent on

implementation of Amendment 13 through final regulations effective on

or before September 15. NMFS approved Amendment 13 on August 9, 1996,

and expects to issue implementing final regulations shortly.

This rule also would split the 1997 commercial quota between two

seasons, the first beginning on February 1 with a quota of 3.06 m lb

(1.39 m kg) and the second beginning on September 15, 1997, to allow

harvest of the remainder of the total annual 4.65-m lb (2.11-m kg)

quota. The split seasons are designed to provide for harvest when

market demand for fresh fish is high. More stable prices are expected

under the split seasons, which would provide net economic benefits to

the fishery. The anticipated closed fishery period in 1997 is expected

to prevent commercial harvest of red snapper in Federal waters during

the May to September spawning season

2.11-m kg)

quota. The split seasons are designed to provide for harvest when

market demand for fresh fish is high. More stable prices are expected

under the split seasons, which would provide net economic benefits to

the fishery. The anticipated closed fishery period in 1997 is expected

to prevent commercial harvest of red snapper in Federal waters during

the May to September spawning season.

In the event of implementation of the ITQ system (or of any

alternative controlled access system) for the 1997 fishing year, the

Council intends that the split season for 1997 not be in effect.

Therefore, the provisions for a split season in 1997, as contained in

this rule, may be modified by future rulemaking in the event of

implementation of a controlled access system for the red snapper

commercial fishery.

Action on the Recommended Changes

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

management measures that may be adjusted by the framework procedure

specified in the FMP. The Director, Southeast Region, NMFS, initially

concurs that the Council's recommended measures, except for the size

limit measures, are consistent with the objectives of the FMP, the

National Standards, and other applicable law. Accordingly, the

Council's recommended changes, except for the size limit measures, are

published for comment. Final determinations will be made following

review of all information and comments on the proposed rule.

Classification

ouncil's recommended measures, except for the size

limit measures, are consistent with the objectives of the FMP, the

National Standards, and other applicable law. Accordingly, the

Council's recommended changes, except for the size limit measures, are

published for comment. Final determinations will be made following

review of all information and comments on the proposed rule.

Classification

This proposed rule has been determined to be not significant under

E.O. 12866.

The Council prepared an IRFA, as part of the RIR, which describes

the expected impacts of the proposed regulatory amendment measures on

small entities, if adopted. A copy of the RIR/IRFA is available from

the Council (see ADDRESSES). The IRFA is summarized as follows. The

proposed management measures directly affect all of the estimated 1,532

small businesses engaged in the commercial harvesting of red snapper as

well as the 838 charter vessels and 92 headboats in the for-hire

business. A substantial number of small business entities, therefore,

will be affected. The larger commercial fishery quota should result in

increased gross commercial harvesting revenues in excess of 5 percent.

The increased recreational fishery allocation should provide a

sufficient allowable catch to

avoid reductions in the current level of recreational fishery

participation, i.e., no changes should be necessary in the recreational

fishery bag limit. Charter vessel and headboat operators may not

experience increases in gross revenues with the increased recreational

fishery allocation; without the increased allocation, additional

recreational fishery restrictions would have been required. The

extension of the red snapper recovery period will have indirect, but

measurable, effects on fishing revenues or costs--such effects will be

the proximate result of the revised TAC. The delayed season should

slightly increase gross revenues for the commercial sector

fishery allocation; without the increased allocation, additional

recreational fishery restrictions would have been required. The

extension of the red snapper recovery period will have indirect, but

measurable, effects on fishing revenues or costs--such effects will be

the proximate result of the revised TAC. The delayed season should

slightly increase gross revenues for the commercial sector. While the

split-season is expected to result in increased revenues to the

fishery, the magnitude of such effects cannot be quantified at this

time. Nevertheless, the best estimate is that such effects will not

exceed 5 percent of gross revenues. Neither the commercial nor the

recreational sectors should incur increases in production costs or in

costs of complying with the regulations. Considering that the expected

impacts involve increases in gross revenues without increases in

operating or compliance costs, no existing businesses are expected to

cease operation as a result of this rule. Overall, the proposed actions

would have a positive and significant economic effect on a substantial

number of small business entities. This action does not revise existing

or establish any new reporting, recordkeeping, or other compliance

requirements. Disapproval of the proposed size limit measures does not

change these findings of the IRFA.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: August 9, 1996.

Gary Matlock,

Program Management Officer, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 622 is

proposed to be 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 added to read as follows:

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

* * * * *

ce.

For the reasons set out in the preamble, 50 CFR part 622 is

proposed to be 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 added to read as follows:

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

* * * * *

(l) 1997 closure of the commercial fishery for red snapper. From

January 1 through 31, 1997, red snapper in or from the Gulf EEZ, and

each vessel for which a commercial permit for Gulf reef fish has been

issued, as required under Sec. 622.4(a)(2)(v), is subject to the bag

and possession limits, as specified in Sec. 622.39(b)(1)(iii) and

(b)(2), respectively, and to the prohibition on sale or purchase of red

snapper possessed under the bag limit, as specified in

Sec. 622.45(c)(1).

3. In Sec. 622.42, paragraph (a)(1) is revised to read as follows:

Sec. 622.42 Quotas.

* * * * *

(a) * * *

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

apportioned in 1996 and 1997 as follows:

(i) 3.06 million lb (1.39 million kg) available February 1, 1996,

and February 1, 1997; and

(ii) The remainder available September 15, 1996, and September 15,

1997.

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[FR Doc. 96-20810 Filed 8-14-96; 8:45 am]

BILLING CODE 3510-22-F