Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Amendment 12

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 950810206-6225-05; I.D. 070296D]

RIN 0648-AG29

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

Reef Fish Fishery of the Gulf of Mexico; Amendment 12

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 Amendment 12 to the Fishery Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP). Amendment 12 would reduce the

minimum size limit for red snapper harvested in the commercial fishery

and eliminate a scheduled, automatic size limit increase for the

commercial red snapper fishery in 1998; establish a minimum size limit

for banded rudderfish and lesser amberjack taken under the bag limits;

establish a bag limit for banded rudderfish, greater amberjack, and

lesser amberjack, combined, of one fish; and establish a 20-fish

aggregate bag limit for reef fish species for which there are no other

bag limits. Based on a preliminary evaluation of Amendment 12, NMFS

disapproved the minimum size limit measures for red snapper harvested

in the commercial fishery because those measures were determined to be

inconsistent with the Magnuson Fishery Conservation and Management Act

(Magnuson Act). The proposed rule would implement the remaining

measures in Amendment 12. The intended effects of the proposed rule are

to provide additional protection for greater amberjack, lesser

amberjack, and banded rudderfish, conserve reef fish, and enhance

enforceability of the regulations.

DATES: Written comments must be received on or before September 30,

1996.

and Management Act

(Magnuson Act). The proposed rule would implement the remaining

measures in Amendment 12. The intended effects of the proposed rule are

to provide additional protection for greater amberjack, lesser

amberjack, and banded rudderfish, conserve reef fish, and enhance

enforceability of the regulations.

DATES: Written comments must be received on or before September 30,

1996.

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

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

Petersburg, FL 33702.

Requests for copies of Amendment 12, which includes an

environmental assessment and a regulatory impact review (RIR), should

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

Kennedy Boulevard, Suite 331, Tampa, FL, 33609, PHONE 813-228-2815;

FAX: 813-225-7015.

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 Gulf of Mexico

Fishery Management Council (Council) and is implemented through

regulations at 50 CFR part 622 under the authority of the Magnuson Act.

Disapproval of the Red Snapper Minimum Size Limit Changes

Amendment 5 to the FMP established a schedule of increases in the

red snapper minimum size limit for the commercial and recreational

sectors. The schedule included an increase from 14 inches (35.6 cm) to

15 inches (38.1 cm), effective January 1, 1996, and from 15 inches

(38.1 cm) to 16 inches (40.6 cm), scheduled to become effective January

1, 1998. Under Amendment 12 and a regulatory amendment under the FMP

framework procedure for adjusting management measures, the Council

proposed to reduce the minimum size limit for red snapper harvested in

the commercial fishery from 15 inches (38.1 cm) to 14 inches (35.6 cm)

and to eliminate the automatic increase to 16 inches (40.6 cm)

scheduled for January 1, 1998

ecome effective January

1, 1998. Under Amendment 12 and a regulatory amendment under the FMP

framework procedure for adjusting management measures, the Council

proposed to reduce the minimum size limit for red snapper harvested in

the commercial fishery from 15 inches (38.1 cm) to 14 inches (35.6 cm)

and to eliminate the automatic increase to 16 inches (40.6 cm)

scheduled for January 1, 1998.

Based on a preliminary evaluation of the regulatory amendment and

Amendment 12, NMFS concluded that the proposed size limit measures for

red snapper were inconsistent with national standard 1 of the Magnuson

Act. Accordingly, NMFS disapproved these size limit measures and has

not included them in this proposed rule. Additional discussion

regarding disapproval of those measures was included in the proposed

rule (61 FR 42413, August 15, 1996) for the regulatory amendment and is

not repeated here.

Bag and Size Limits for Amberjack and Related Species

Greater amberjack, lesser amberjack, and banded rudderfish are very

similar morphologically, particularly at smaller sizes. Taxonomic

guides are available to differentiate these species, but require

detailed comparisons of gill rakers and other fish body parts.

Consequently, it is difficult for many fishermen to distinguish among

these three species. Confusion regarding species identification has

complicated compliance, as well as enforcement and prosecution of

applicable size and bag limits.

Currently, for recreational fishermen, a three-fish bag limit and a

28-inch (71.1-cm) fork length minimum size limit apply to greater

amberjack, but not to the morphologically similar lesser amberjack and

banded rudderfish. As a result, some persons who misidentify undersized

greater amberjack as lesser amberjack or banded rudderfish mistakenly

land those fish in violation of the current size and/or bag limits

reational fishermen, a three-fish bag limit and a

28-inch (71.1-cm) fork length minimum size limit apply to greater

amberjack, but not to the morphologically similar lesser amberjack and

banded rudderfish. As a result, some persons who misidentify undersized

greater amberjack as lesser amberjack or banded rudderfish mistakenly

land those fish in violation of the current size and/or bag limits.

There is also concern that some fishermen are deliberately landing

undersized greater amberjack under the guise that they are lesser

amberjack or banded rudderfish. Because enforcement is sometimes

confounded by the species identification problem, compliance with the

size and bag limits is being circumvented.

The Council and its Law Enforcement Advisory Panel believe that

uniform

recreational limits for greater amberjack, lesser amberjack, and banded

rudderfish are needed to resolve the compliance and enforcement

problems associated with the species identification problem. Therefore,

for recreational fishermen (i.e., persons subject to the bag limit),

this proposed rule would establish a 28-inch (71.1-cm) fork length

minimum size for lesser amberjack and banded rudderfish, the same as

the existing size limit for greater amberjack. The proposed uniform

size limit will severely restrict recreational harvest of lesser

amberjack and banded rudderfish because these species rarely attain 28-

inch (71.1-cm) fork length. However, the Council determined that the

conservation benefits resulting from improved compliance and effective

enforcement of a 28-inch (71.1-cm) size limit would outweigh any

adverse effects associated with reduced recreational harvest of lesser

amberjack and banded rudderfish.

The Council's Reef Fish Advisory Panel recommended a reduction in

the current three-fish recreational bag limit for greater amberjack to

address their conclusion that the greater amberjack resource has

declined in abundance

enforcement of a 28-inch (71.1-cm) size limit would outweigh any

adverse effects associated with reduced recreational harvest of lesser

amberjack and banded rudderfish.

The Council's Reef Fish Advisory Panel recommended a reduction in

the current three-fish recreational bag limit for greater amberjack to

address their conclusion that the greater amberjack resource has

declined in abundance. A majority of persons testifying at the public

hearings also supported a reduced bag limit. Based on this information,

and in recognition of the need for uniform limits for the three related

species, the Council is proposing a one-fish bag limit for greater

amberjack, lesser amberjack, and banded rudderfish, combined.

Aggregate Reef Fish Bag Limit

Currently, reef fish species not subject to bag limits may be

possessed in unlimited quantities. This could provide an incentive for

recreational fishermen to harvest large quantities of these species and

sell their catch. The Council concluded that conservation of the reef

fish resource would be better achieved by limiting recreational catches

of reef fish species that currently do not have a bag limit. A 20-fish

aggregate bag limit will prevent an uncontrolled increase in harvest of

these reef fish species. The Council considered the 20-fish bag limit

to be a reasonable limit that would have relatively minor impacts on

the majority of anglers.

Availability of Amendment 12

Additional background and rationale for the measures discussed

above are contained in Amendment 12, the availability of which was

filed with the Office of the Federal Register on August 13, 1996 (to be

announced in the Federal Register on August 19, 1996). Agency review of

Amendment 12 began on July 2, 1996.

Classification

r impacts on

the majority of anglers.

Availability of Amendment 12

Additional background and rationale for the measures discussed

above are contained in Amendment 12, the availability of which was

filed with the Office of the Federal Register on August 13, 1996 (to be

announced in the Federal Register on August 19, 1996). Agency review of

Amendment 12 began on July 2, 1996.

Classification

Section 304(a)(1)(D) of the Magnuson Act requires NMFS to publish

regulations proposed by a Council. NMFS has disapproved the size limit

provisions, as discussed above, and has not determined at this time

that the remaining provisions of Amendment 12 are consistent with the

national standards, other provisions of the Magnuson Act, and other

applicable laws. NMFS, in making that determination, will take into

account the data, views, and comments received during the comment

period.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation of the

Department of Commerce certified to the Chief Counsel for Advocacy of

the Small Business Administration as follows:

I certify that the attached proposed rule issued under authority

of section 304(a) of the Magnuson Fishery Conservation and

Management Act will not have a significant economic impact on a

substantial number of small entities.

As submitted by the Gulf of Mexico Fishery Management Council,

Amendment 12 to the FMP and its implementing proposed rule would:

Reduce the minimum size limit for red snapper harvested in the

commercial fishery from 15 inches to 14 inches and eliminate the

scheduled, automatic adjustment to 16 inches in 1998; establish a

minimum size limit of 28 inches fork length for banded rudderfish

and lesser amberjack taken under the bag limits; establish a bag

limit for banded rudderfish, greater amberjack, and lesser

amberjack, combined, of one fish; and establish a 20-fish aggregate

bag limit for reef fish species for which there are n

nd eliminate the

scheduled, automatic adjustment to 16 inches in 1998; establish a

minimum size limit of 28 inches fork length for banded rudderfish

and lesser amberjack taken under the bag limits; establish a bag

limit for banded rudderfish, greater amberjack, and lesser

amberjack, combined, of one fish; and establish a 20-fish aggregate

bag limit for reef fish species for which there are no other bag

limits.

Based on a preliminary evaluation of Amendment 12, the National

Marine Fisheries Service (NMFS) disapproved the proposed size limit

measures for red snapper after finding them inconsistent with the

Magnuson Fishery Conservation and Management Act's national standard

1. The disapproved measures are not included in the proposed rule.

The Council's regulatory impact review (RIR) indicated that the

proposed red snapper size limit measures may have significant,

positive economic impacts on all of the 1,532 active permitted reef

fish vessels. However, these size limit measures were disapproved by

NMFS.

Based on the Council's RIR, NMFS has determined that the

proposed commercial minimum size and bag limit measures affecting

the harvest of greater and lesser amberjack and banded rudderfish

would: (1) Decrease gross revenues less than 5 percent in the

affected for-hire sector, which is comprised of 838 charter vessels

and 92 headboats; (2) impose additional compliance costs on the for-

hire vessels that are not likely to exceed 5 percent of current

operation costs; (3) not result in issues of big versus small

business operations with associated distributional/regional economic

effects or disproportionate effects on capital costs of compliance

because all participants in the commercial reef fish fishery and the

for-hire sector may be considered small business entities; and (4)

would not force small business entities to cease operations. Based

on these findings, an initial regulatory flexibility analysis was

not prepared.

List of Subjects in 50 CFR Part 622