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

hly period from the first to the 15th of each

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

would be at noon on the date indicated); establish a recreational

fishery quota; and authorize 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 proposed rule is to maximize the

economic benefits from the red snapper resource within the constraints

of the rebuilding program for this overfished resource and to comply

with a requirement of the Magnuson-Stevens Fishery Conservation and

Management Act (Magnuson-Stevens Act) that separate recreational and

commercial fishing quotas be established for Gulf red snapper that

result in fishery closures when quotas are taken.

DATES: Written comments must be received on or before August 22, 1997.

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 the framework regulatory amendment, which

includes an environmental assessment, a regulatory impact review (RIR),

and an addendum, should be sent to the Gulf of Mexico Fishery

Management Council, 3018 U.S. Highway 301 North, Suite 1000, Tampa, FL

33619-2266; Phone: 813-228-2815; Fax: 813-225-7015.

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 has 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

ncil

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

regulations at 50 CFR part 622.

The Council has 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 and related measures for the red snapper fishery

(framework procedure). The proposed rule would implement the measures

contained in the Council's regulatory amendment.

Red Snapper Total Allowable Catch (TAC)

The Council proposed no change to the current red snapper TAC of

9.12 million lb (m lb) (4.14 million kg (4.14 m kg)). This TAC is

consistent with the provisions of the red snapper stock rebuilding

program, provided: That Gulf shrimping effort, which results in the

mortality of juvenile red snapper, remains relatively constant; and

that a minimum of an additional 33 percent reduction in the mortality

of juvenile red snapper in shrimp trawl bycatch is achieved in 1997

followed by a 44 percent reduction each year thereafter. The Council

has addressed this bycatch reduction objective in Amendment 9 to the

Fishery Management Plan for the Shrimp Fishery of the Gulf of Mexico

that would, if approved and implemented, require bycatch reduction

devices in virtually all shrimp trawls used in the EEZ. However, given

the earliest possible implementation time for Amendment 9, assuming its

approval by NMFS, it is unlikely that the necessary 33 percent

additional bycatch reduction for 1997 will be achieved. The Council and

NMFS will have to consider necessary and appropriate management actions

in subsequent years to ensure that the current red snapper stock

rebuilding program is not compromised (e.g., appropriate adjustments in

the red snapper TAC).

Proposed Management Measures Associated with Red Snapper TAC

that the necessary 33 percent

additional bycatch reduction for 1997 will be achieved. The Council and

NMFS will have to consider necessary and appropriate management actions

in subsequent years to ensure that the current red snapper stock

rebuilding program is not compromised (e.g., appropriate adjustments in

the red snapper TAC).

Proposed Management Measures Associated with Red Snapper TAC

The Council proposes that the 1997 fall commercial red snapper

season begin on September 2, instead of September 15, to 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. September 2 was chosen instead

of an earlier date to avoid recreational/commercial fishery conflicts

during the Labor Day weekend when there is customarily a greater than

usual number of weekend recreational fishery participants. Opening and

closing the 1997 commercial season during daylight hours (noon instead

of 12:01 a.m., local time) is expected to aid law enforcement

activities and improve fishermen's compliance with regulations. The

Council believes that allowing commercial harvest only during the first

15 days of each month would help to extend the fishing season and

thereby provide market benefits outweighing the increased

administrative costs and short periods of derby-style fishing

associated with the additional fishery openings and closings.

Section 407(d) of the Magnuson-Stevens Act requires that the FMP

establish a red snapper quota for the recreational fishery that, when

reached, results in a prohibition on the retention of red snapper

caught during recreational fishing. The proposed rule would establish a

recreational quota of 4.47 m lb (2.03 m kg), the same amount as the

current recreational allocation under the TAC. The proposed mechanism

for future closure of the recreational red snapper fishery upon

reaching its quota complies with section 407(d)

, when

reached, results in a prohibition on the retention of red snapper

caught during recreational fishing. The proposed rule would establish a

recreational quota of 4.47 m lb (2.03 m kg), the same amount as the

current recreational allocation under the TAC. The proposed mechanism

for future closure of the recreational red snapper fishery upon

reaching its quota complies with section 407(d). This fishery closure

provision should avoid a recreational fishery harvest in excess of its

quota and thereby contribute to recovery of the overfished red snapper

resource.

Classification

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, based on the Council's regulatory impact review

(RIR) that assesses the economic impacts of the management measures

proposed in this rule on fishery participants, certified to the Chief

Counsel for Advocacy of the Small Business Administration that this

proposed rule, if adopted, would not have a significant economic impact

on a substantial number of small entities as follows:

The RIR indicates that the provision for closure of the

recreational fishery for red snapper when its quota is taken may

have adverse economic effects, although not significant for purposes

of the Regulatory Flexibility Act (RFA), on a portion of the firms

that own and operate fishing vessels for reef fish on a for-hire

basis (charter vessels and headboats). All such firms are considered

small entities for purposes of the RFA. If a closure of the

recreational fishery for red snapper occurs, these firms may

experience revenue losses since customer demand in the for-hire

sector of the recreational fishery is based significantly upon the

expectation of catching and retaining red snapper

reef fish on a for-hire

basis (charter vessels and headboats). All such firms are considered

small entities for purposes of the RFA. If a closure of the

recreational fishery for red snapper occurs, these firms may

experience revenue losses since customer demand in the for-hire

sector of the recreational fishery is based significantly upon the

expectation of catching and retaining red snapper. During a closure

of the red snapper recreational fishery, some customers may not be

willing to forgo the catch of red snapper in favor of other species

that might be caught on a given vessel and trip. The possible

effects of a fishery closure include a reduction in the number of

customers, a reduction in the price that may be charged for a trip,

and the need for vessels to move to different fishing locations that

offer an acceptable level of substitute species.

The for-hire sector of the recreational reef fish fishery

includes an estimated 920 small entities--838 charter fishing

vessels and 82 headboat vessels. Of these entities, 26 headboats

operating in Texas and Louisiana (about 2.6 percent of the total

number of for-hire vessels) are heavily dependent on red snapper.

Under a closed red snapper recreational fishery, these particular

entities may incur significant negative economic impacts if there

are no reasonable substitute species for their customers to catch

and retain. Only a very small fraction of these vessels (less than 2

percent), if any, would be expected to cease business operations as

a result of a red snapper fishery closure. There will always be some

period when the recreational fishery for red snapper is open,

substitute species may be sufficiently attractive to customers to

maintain business operations during the red snapper closure, and

some vessels may be able to move their red snapper fishing

operations to open areas such as the South Atlantic

usiness operations as

a result of a red snapper fishery closure. There will always be some

period when the recreational fishery for red snapper is open,

substitute species may be sufficiently attractive to customers to

maintain business operations during the red snapper closure, and

some vessels may be able to move their red snapper fishing

operations to open areas such as the South Atlantic. The remaining

56 headboats and all the charter vessels are less dependent on red

snapper catches because of the availability of other species or

because red snapper do not occur in their fishing areas. In summary,

a recreational red snapper fishery closure would affect only about 3

percent or less of the for-hire small businesses to a significant

degree.

It is not expected that any of the other agency criteria for

determining significant impacts for purposes of the RFA would be met

for small entities engaged in the recreational red snapper fishery.

In conclusion, a substantial number of the for-hire vessels would

not be significantly affected by the provision for a closure of the

red snapper recreational fishery.

Regarding the commercial red snapper fishery, the proposal to

open the fishing season approximately 15 days/month consecutively

and then close the season for the balance of the month is expected

to have a negative effect on revenues for the estimated 1,818 small

entities engaged in this fishery. However, since only 28 percent of

the annual commercial quota is available for the fall season, prices

would have to fall more than 18 percent if annual gross revenues

were to fall by 5 percent. Price changes of this magnitude are not

expected. Therefore, changes in annual gross revenues are not

expected to reach the 5 percent threshold for significance. No new

annual compliance costs or significant additional capital costs are

associated with the rule and less than 2 percent, if any, of the

small entities are expected to cease business operations

revenues

were to fall by 5 percent. Price changes of this magnitude are not

expected. Therefore, changes in annual gross revenues are not

expected to reach the 5 percent threshold for significance. No new

annual compliance costs or significant additional capital costs are

associated with the rule and less than 2 percent, if any, of the

small entities are expected to cease business operations. It is not

expected that any of the other agency criteria for significance

would be met for small businesses engaged in the commercial red

snapper fishery.

As a result, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: July 30, 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

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 revised 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

mercial 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) is revised 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.

rouper, 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 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. 97-20772 Filed 8-6-97; 8:45 am]

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