Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 9

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 981006253-8253-01; I.D. 082698D]

RIN 0648-AK05

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

Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 9

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 Amendment 9 to the

Fishery Management Plan for the Snapper-Grouper Fishery of the South

Atlantic Region (FMP). This proposed rule would increase the minimum

size for red porgy, black sea bass, gag, and black grouper for all

participants in the fishery; increase the minimum size for vermilion

snapper for a person subject to the bag limit; establish bag limits for

red porgy and black sea bass; during March and April, prohibit harvest

and possession in excess of the bag limit and prohibit purchase and

sale of red porgy, gag grouper, and black grouper; for greater

amberjack, reduce the bag limit, establish a commercial quota and trip

limit, prohibit sale of greater amberjack caught under the bag limit

when the commercial fishery is closed, prohibit harvest and possession

in excess of the bag limit during April, change the beginning of the

fishing year to May 1, and prohibit coring (i.e., removing the head

from the carcass); restrict possession of gag and black grouper within

the aggregate grouper bag limit; establish an aggregate bag limit for

all snapper-grouper species currently not under a bag limit (excluding

tomtate and blue runner); require escape vents and escape panels with

degradable hinges and fasteners in black sea bass pots; and specify

that a vessel with longline gear on board may only possess certain

deep-water species of snapper-grouper (i.e., snowy grouper, warsaw

grouper, yellowedge grouper, misty grouper, golden t

all snapper-grouper species currently not under a bag limit (excluding

tomtate and blue runner); require escape vents and escape panels with

degradable hinges and fasteners in black sea bass pots; and specify

that a vessel with longline gear on board may only possess certain

deep-water species of snapper-grouper (i.e., snowy grouper, warsaw

grouper, yellowedge grouper, misty grouper, golden tilefish, blueline

tilefish, and sand tilefish.) The intended effect of this rule is to

reduce overfishing and to conserve and manage these snapper-grouper

species.

DATES: Written comments must be received on or before December 28,

1998.

ADDRESSES: Comments on this proposed rule or on the initial regulatory

flexibility analysis (IRFA) should be sent to the Southeast Regional

Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702.

Comments regarding the collection-of-information requirements

contained in this rule should be sent to Edward E. Burgess, Southeast

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

St. Petersburg, FL 33702, and to the Office of Information and

Regulatory Affairs, Office of Management and Budget (OMB), Washington,

DC 20503 (Attention: NOAA Desk Officer).

Requests for copies of Amendment 9, which includes a final

supplemental environmental impact statement, a regulatory impact review

(RIR), an IRFA, and a social impact assessment/fishery impact statement

should be sent to the South Atlantic Fishery Management Council,

Southpark Building, One Southpark Circle, Suite 306, Charleston, SC

29407-4699; Phone: 843-571-4366; Fax: 843-769-4520.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 727-570-5305.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern

Atlantic states is managed under the FMP. The FMP was prepared by the

South Atlantic 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.

NTACT: Peter J. Eldridge, 727-570-5305.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery off the southern

Atlantic states is managed under the FMP. The FMP was prepared by the

South Atlantic 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.

Background

Recent scientific stock assessments and public testimony have

identified a number of snapper-grouper species as being overfished. The

management measures in Amendment 9 are designed to prevent this

overfishing, rebuild some of the overfished species, and manage the

fishery in a more orderly manner. The Council has chosen management

alternatives in Amendment 9 that would make substantial progress toward

rebuilding stocks, where needed, by increasing the spawning potential

ratio (SPR), which is used as a measure of stock status. For some

species, up-to-date assessments were not available or data used for

assessments were limited. For other species, recent landings trends and

other information contradicted assessment information. The Council

based decisions on the most recent and best scientific information

available to ensure overfished stocks would be well on their way to

recovery from the overfished status of below 30-percent SPR. For

certain species, the Council chose alternatives that would further

rebuild the species toward the optimum yield (OY) level, which is also

expressed in terms of SPR.

Overfishing

ion. The Council

based decisions on the most recent and best scientific information

available to ensure overfished stocks would be well on their way to

recovery from the overfished status of below 30-percent SPR. For

certain species, the Council chose alternatives that would further

rebuild the species toward the optimum yield (OY) level, which is also

expressed in terms of SPR.

Overfishing

The OY for species in the snapper-grouper management unit is 40-

percent (static) SPR. Species that are below 30-percent (transitional)

SPR are considered overfished and must be rebuilt as soon as possible.

Red porgy, black sea bass, vermilion snapper, and gag are

overfished and in need of rebuilding. The status of black grouper is

uncertain. Declining commercial landings and the average size of fish

landed indicate that greater amberjack may be approaching a condition

of being overfished. Thus, the Council has recommended precautionary

management measures for black grouper and greater amberjack to ensure

that overfishing does not occur. A general description of the

biological status and proposed management measures for each species is

given below.

Red Porgy

A 1994 stock assessment, based on data through 1992, indicated that

red porgy is overfished, with an SPR of 13 percent. Fishing mortality

needs to be reduced by 75 percent to achieve the OY of 40-percent SPR

and must be reduced by 65 percent to eliminate overfishing.

This proposed rule would impose a 14-inch (35.6-cm) total length

(TL) recreational and commercial minimum size limit, a 5-fish bag

limit, and March-April seasonal harvest limitations. In combination,

these measures should reduce total catch by 59 percent. This rule also

proposes prohibiting all permitted dealers from purchasing red porgy

during March and April regardless of where the red porgy is harvested

or possessed (i.e., state or Federal waters)

ngth

(TL) recreational and commercial minimum size limit, a 5-fish bag

limit, and March-April seasonal harvest limitations. In combination,

these measures should reduce total catch by 59 percent. This rule also

proposes prohibiting all permitted dealers from purchasing red porgy

during March and April regardless of where the red porgy is harvested

or possessed (i.e., state or Federal waters). However, red porgy

harvested from areas outside the South Atlantic could be purchased and

possessed, provided appropriate documentation of the area of origin is

maintained. The Council believes that conservation measures enacted in

1992 have resulted in some stock rebuilding and that these proposed

management measures should result in rebuilding the stock within 10

years in accordance with the FMP's current stock rebuilding schedule.

Decreased landings resulting from the March-April seasonal harvest

limitations and the increase in minimum size should result in a loss in

gross revenues from red porgy sales of about $268,500 in the first

year. However, the increase in minimum size would result in an increase

in yield-per-recruit, which should lead to increased commercial

landings in future years. In addition, fishermen likely would increase

effort for red porgy during the open season, which would reduce the

estimated loss in revenues. There would be unquantified losses for the

for-hire industry and a reduction in consumer surplus related to

canceled private recreational trips. The reduction in landings in the

short term would result in progress toward rebuilding the red porgy

stocks; however, the offsetting benefits cannot be calculated precisely

because there is insufficient information available to predict future

yields that may be possible from a rebuilt stock.

Black Sea Bass

ry and a reduction in consumer surplus related to

canceled private recreational trips. The reduction in landings in the

short term would result in progress toward rebuilding the red porgy

stocks; however, the offsetting benefits cannot be calculated precisely

because there is insufficient information available to predict future

yields that may be possible from a rebuilt stock.

Black Sea Bass

A 1996 stock assessment, based on data through 1995, indicates that

black sea bass are overfished, with an SPR of 26 percent. In addition,

the catch-per-unit-effort of headboats off South Carolina has declined

from just over 11 fish per angler day in 1980 to just over 1 fish per

angler day in 1995. In 1995, the commercial sector harvested about 49

percent of the total catch.

Fishing mortality needs to be reduced by 56 percent to achieve OY

and by 22 percent to eliminate overfishing. This proposed rule would

increase the minimum size limit to 10 inches (25.4 cm) and impose a 20-

fish bag limit. In combination, these measures should reduce total

catch by 34 percent. This proposed rule also would require escape vents

and escape panels with degradable fasteners in black sea bass pots.

This would minimize bycatch of juvenile fish and reduce release

mortality from this component of the fishery. Also, handling of

undersized fish would be reduced, which should result in a more

efficient fishing operation. In the first year these measures would

reduce commercial revenues by about $242,300 and reduce recreational

landings by about 40 percent. However, revenues and landings are

expected to increase as the resource rebuilds toward OY. The proposed

management measures are expected to rebuild the black sea bass stock

within 10 years in accordance with the FMP's current stock rebuilding

schedule.

Greater Amberjack

n is closed; and (7)

prohibit coring (i.e., removing the head from the carcass). In 1995,

the commercial sector harvested 66 percent of the total catch, although

formerly most greater amberjack were taken by the recreational sector.

NMFS believes that the Council intended immediate implementation of

the measures for greater amberjack that establish a quota and begin the

fishing year on May 1. Therefore, NMFS will apply this quota to greater

amberjack that have been landed since May 1, 1998.

In addition, this proposed rule would prohibit all permitted

dealers from purchasing greater amberjack in April regardless of where

the greater amberjack is harvested or possessed (i.e., state or Federal

waters), with the exception that greater amberjack harvested from areas

outside the South Atlantic could be purchased and possessed, provided

appropriate documentation of the area of origin is maintained, as

specified in this proposed rule.

In combination, these measures should reduce total recreational and

commercial landings of greater amberjack by 11 percent and 41 percent,

respectively. This would result in a loss of commercial revenues of

about $352,000-$397,000 in the first year. The reduction in landings in

the short term would result in a more stable greater amberjack stock.

The potential benefits of the proposed measures cannot be calculated

precisely because there is insufficient information available to

predict future yields that may result from the proposed measures.

Vermilion Snapper

n a loss of commercial revenues of

about $352,000-$397,000 in the first year. The reduction in landings in

the short term would result in a more stable greater amberjack stock.

The potential benefits of the proposed measures cannot be calculated

precisely because there is insufficient information available to

predict future yields that may result from the proposed measures.

Vermilion Snapper

A 1997 assessment, based on data through 1996, indicated that

vermilion snapper were overfished, with an SPR of 27 percent. Fishing

mortality must be reduced by between 39 and 51 percent to achieve OY

and by between 11 and 31 percent to eliminate overfishing. In 1995, the

commercial sector harvested about 75 percent of the catch.

This proposed rule would increase the recreational minimum size

limit for vermillion snapper from 10 inches (25.4 cm) to 11 inches

(27.9 cm) TL. This should reduce the recreational catch by about 9

percent in the short term. The associated reduction in fishing

mortality and the increase in yield-per-recruit should result in

sustainable increases in catch levels as the resource rebuilds. The

Council believes that the proposed increase in minimum size limit would

be sufficient to rebuild the stock within 10 years in accordance with

the FMP's current stock rebuilding schedule. The Council will continue

to monitor this species and, if necessary, implement additional

measures to rebuild this resource.

Gag

result in

sustainable increases in catch levels as the resource rebuilds. The

Council believes that the proposed increase in minimum size limit would

be sufficient to rebuild the stock within 10 years in accordance with

the FMP's current stock rebuilding schedule. The Council will continue

to monitor this species and, if necessary, implement additional

measures to rebuild this resource.

Gag

The SPR for gag in a 1996 stock assessment, based on data through

1993, was 13 percent. This proposed rule would increase the minimum

size limit for gag from 20 inches (50.8 cm) to 24 inches (61.0 cm) TL.

This proposed rule also would prohibit the harvest and possession of

gag in excess of the bag limit during March and April. This would

protect the spawning stock, particularly males, which are more

aggressive during this period and more susceptible to being caught. In

1995, about 71 percent of all gag were landed by commercial fishermen.

Further, this proposed rule would prohibit all permitted dealers

from purchasing gag during March and April regardless of where the gag

is harvested or possessed (i.e., state or Federal waters), with the

exception that gag harvested from areas outside the South Atlantic

could be purchased and possessed, provided appropriate documentation of

the area of origin is maintained, as specified in this proposed rule.

The proposed March-April seasonal harvest restrictions and the

proposed increase in minimum size, in combination, should reduce

commercial landings by about 37 percent in the first year. This

represents a potential loss of up to $1,186,000 in annual gross

revenues. The proposed increase in minimum size would substantially

increase yield-per-recruit, which should lead to increased commercial

landings in future years

seasonal harvest restrictions and the

proposed increase in minimum size, in combination, should reduce

commercial landings by about 37 percent in the first year. This

represents a potential loss of up to $1,186,000 in annual gross

revenues. The proposed increase in minimum size would substantially

increase yield-per-recruit, which should lead to increased commercial

landings in future years. The initial reduction in landings would

result in progress toward rebuilding the gag resource, but the

offsetting benefits cannot be calculated precisely because there is

insufficient information available to predict future yields that may be

possible from a rebuilt stock. The Council believes that the proposed

measures would rebuild the gag stock above the 30-percent SPR level, if

the natural mortality rate is 0.15 or higher, within 15 years in

accordance with the FMP's current stock rebuilding schedule.

Black Grouper

The 1997 stock assessment, based on data through 1995, indicated

that the SPR was about 5 percent. Because of the uncertainty of this

estimate, the status of the stock is listed as unknown in NMFS' Report

to Congress on Status of Fisheries of the United States, September

1997. In 1994, about 80 percent of the catch of black grouper was

harvested by commercial fishermen.

This proposed rule would prohibit all permitted dealers from

purchasing black grouper in March and April regardless of where the

black grouper is harvested or possessed (i.e., state or Federal

waters), with the exception that black grouper harvested from areas

outside the South Atlantic could be purchased and possessed, provided

appropriate documentation of the area of origin is maintained, as

specified in this proposed rule.

This proposed rule would prohibit the harvest of black grouper in

March and April (the spawning season) and would increase the minimum

size limit (from 20 to 24 inches (50.8 to 61 cm)) TL

t black grouper harvested from areas

outside the South Atlantic could be purchased and possessed, provided

appropriate documentation of the area of origin is maintained, as

specified in this proposed rule.

This proposed rule would prohibit the harvest of black grouper in

March and April (the spawning season) and would increase the minimum

size limit (from 20 to 24 inches (50.8 to 61 cm)) TL . In combination,

these measures should reduce commercial landings by 35 percent, which

represents a potential $90,000 loss in gross revenues in the first

year. The increase in the minimum size limit would reduce headboat

landings by 71 percent (based on number of fish) or by 44 percent

(based on weight). The reduction in landings in the short term would

result in progress toward rebuilding the black grouper stocks, but the

offsetting benefits cannot be calculated precisely because there is

insufficient information available to predict future yields that may be

possible from a rebuilt stock. However, the increase in minimum size

limit would increase yield-per-recruit, and future recruitment should

be enhanced by these measures, which should result in increased

landings. The Council will continue to monitor the status of the stock

and propose new measures, should they be required to rebuild the stock

further.

Gag and Black Grouper Bag Limit Restriction

This proposed rule would impose a recreational bag limit of no more

than two gag or black grouper, individually or in combination. This

would help to minimize compliance problems associated with anglers'

general inability to distinguish between these species, and would

enhance enforcement efforts. The Council concluded that the bag limit

would have little effect on the headboat sector and

n

This proposed rule would impose a recreational bag limit of no more

than two gag or black grouper, individually or in combination. This

would help to minimize compliance problems associated with anglers'

general inability to distinguish between these species, and would

enhance enforcement efforts. The Council concluded that the bag limit

would have little effect on the headboat sector and

an unknown economic effect on the charterboat or private/rental boat

sectors. Although the impact of this measure can not be quantified, it

should result in some conservation benefit. Also, it may help to direct

fishing effort to species that are not overfished and not subject to

such restrictive limits.

South Atlantic Snapper-Grouper 20-Fish Aggregate Bag Limit

This proposed rule would establish an aggregate bag limit of 20

South Atlantic Snapper-Grouper. No bag limit currently exists for these

species. The proposed bag limit would provide some biological

protection for these species and discourage commercial fishing by

recreational fishermen. The 20-fish bag limit should reduce headboat

catches by 1 percent and private/rental catches by about 7 percent.

There would be no catch reduction for charter vessels. Total reduction

in recreational catch should be less than 1 percent. This measure

should help encourage anglers to conserve marine fishery resources and

would enhance enforcement efforts.

Longline Restriction

tional fishermen. The 20-fish bag limit should reduce headboat

catches by 1 percent and private/rental catches by about 7 percent.

There would be no catch reduction for charter vessels. Total reduction

in recreational catch should be less than 1 percent. This measure

should help encourage anglers to conserve marine fishery resources and

would enhance enforcement efforts.

Longline Restriction

Currently, bottom longline gear is allowed only in waters deeper

than 50 fm and only north of St. Lucie Inlet, Florida. This restriction

is designed to conserve mid-shelf species (i.e., those typically found

in depths less than 50 fm) and to protect critical coral and live-

bottom habitat. This proposed rule would further restrict vessels with

longline gear on board to possession of only the following deep-water

South Atlantic snapper-grouper species: Snowy grouper, warsaw grouper,

yellowedge grouper, misty grouper, golden tilefish, blueline tilefish,

and sand tilefish.

Landings data indicate that longline vessels are catching species

that are commonly found in depths of 50 fm or less, i.e., mid-shelf

species. The proposed restriction would limit vessels with longline

gear on board to possession of South Atlantic snapper-grouper that are

typically found only in depths greater than 50 fm. This measure is

designed to complement the existing prohibition on use of longline gear

in depths shoreward of 50 fm.

Based on landings from 1994 to 1996, an average of 104,397 lb

(47,354 kg) of mid-shelf species were landed annually by vessels with

longline gear on board. Assuming an exvessel price of $1.50 per pound,

annual gross revenue of up to $157,000 could be lost by longline

vessels as a result of this proposed measure. This assumes that the

number of fishing trips would remain the same as during the 1994-1996

period.

The Council is also concerned that bottom longlines are being used

in areas that could suffer damage to bottom habitat

ne gear on board. Assuming an exvessel price of $1.50 per pound,

annual gross revenue of up to $157,000 could be lost by longline

vessels as a result of this proposed measure. This assumes that the

number of fishing trips would remain the same as during the 1994-1996

period.

The Council is also concerned that bottom longlines are being used

in areas that could suffer damage to bottom habitat. This proposed

measure would further support keeping bottom longlines out of sensitive

habitat areas, thereby meeting the Magnuson-Stevens Act mandate to

protect essential fish habitat.

Availability of Amendment 9

Additional background and rationale for the measures discussed

above are contained in Amendment 9, the availability of which was

announced in the Federal Register (63 FR 47461; September 8, 1998).

Written comments on Amendment 9 must be received on or before November

9, 1998. Comments that are received by November 9, 1998, whether

specifically directed to the amendment or the proposed rule, will be

considered in the approval/disapproval decision. All comments received

on Amendment 9 or on this proposed rule during their respective comment

periods will be addressed in the preamble to the final rule.

Changes Proposed by NMFS

In Sec. 622.36(b)(2), NMFS proposes to revise the wording of the

seasonal harvest limitation for mutton snapper to improve clarity and

provide consistency with other similar provisions in the regulations.

For the convenience of the reader, NMFS proposes to reorder the

minimum sizes in Sec. 622.37 based on species rather than on minimum

size.

NMFS proposes to add language to Sec. 622.39(a)(1) to advise vessel

operators of their responsibility for ensuring compliance with bag and

possession limits.

Classification

larity and

provide consistency with other similar provisions in the regulations.

For the convenience of the reader, NMFS proposes to reorder the

minimum sizes in Sec. 622.37 based on species rather than on minimum

size.

NMFS proposes to add language to Sec. 622.39(a)(1) to advise vessel

operators of their responsibility for ensuring compliance with bag and

possession limits.

Classification

At this time, NMFS has not determined that Amendment 9 is

consistent with the national standards of the Magnuson-Stevens Act and

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

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

period on Amendment 9.

The Council prepared a final supplemental environmental impact

statement for this FMP; a notice of availability was published on

October 9, 1998 (63 FR 54476).

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

The Council prepared an IRFA, based on the RIR, that describes the

impact this proposed rule, if adopted, would have on small entities.

Based on the IRFA, NMFS agrees with the Council's conclusion that

Amendment 9, if approved and implemented through final regulations,

would have a significant economic impact on a substantial number of

small entities. A summary of the IRFA's assessment of the significant

impacts on small entities follows.

The rule is designed to meet five specific objectives, the most

important being the prevention of overfishing for a number of the

snapper-grouper species. The Magnuson-Stevens Act provides the legal

basis for the rule and no duplicative, overlapping or conflicting

Federal rules were identified.

Under Amendment 8 to the FMP, about 2,000 commercial fishing

businesses are expected to qualify for limited access permits when

Sec. 622.44(c) becomes effective on December 14, 1998

prevention of overfishing for a number of the

snapper-grouper species. The Magnuson-Stevens Act provides the legal

basis for the rule and no duplicative, overlapping or conflicting

Federal rules were identified.

Under Amendment 8 to the FMP, about 2,000 commercial fishing

businesses are expected to qualify for limited access permits when

Sec. 622.44(c) becomes effective on December 14, 1998. Most or all of

these would be affected by Amendment 9 and are considered small

entities for the purposes of the Regulatory Flexibility Act because

their annual gross revenues are less than $3 million. Accordingly, it

was determined that a substantial number of small entities would be

expected to be affected for purposes of the Regulatory Flexibility Act.

The Council concluded that the red porgy, black sea bass, amberjack,

gag, black grouper actions, and the gear regulation addressing the

possession of longline gear and certain snapper-grouper species could

reduce revenues by as much as $2.3 million, or approximately 15 percent

of the 1995 estimated ex-vessel value of the snapper grouper fishery.

Although some actions would decrease recreational satisfaction due to

restrictions of size or bag limits, there would be no decline in

charterboat or headboat trips. The proposed rule would create a new

recordkeeping requirement for permitted dealers in certain situations.

The rule generally prohibits possession of red porgy, greater

amberjack, gag, and black grouper during the closed seasons for these

species. However, permitted dealers that have a documented paper trail

showing that the fish were harvested in areas not under the

jurisdiction of the Council would be allowed to possess these species

during the closed seasons. The total cost of the public burden in terms

of the value of the time spent by permitted dealers to create and/or

maintain the paper trail record is estimated at $1,000

pecies. However, permitted dealers that have a documented paper trail

showing that the fish were harvested in areas not under the

jurisdiction of the Council would be allowed to possess these species

during the closed seasons. The total cost of the public burden in terms

of the value of the time spent by permitted dealers to create and/or

maintain the paper trail record is estimated at $1,000. There would

also be a compliance cost associated with a new requirement for escape

panels and escape vents with biodegradable fasteners for black sea bass

pots. The aggregate estimated cost

to make the necessary alterations to all existing black sea bass pots

is $25,000.

Significant alternatives were identified for most of the actions

proposed in Amendment 9. The status quo was identified as an

alternative for all the actions under consideration but was rejected in

all cases because continuing the status quo is not a feasible

alternative under the Magnuson-Stevens Act. A number of other

alternatives were identified for all the actions being considered and

although some of these would minimize the adverse economic effects

relative to the preferred alternatives, they did not meet the

objectives, especially the biological objectives, specified as the

basis for the amendment.

A copy of the IRFA is available for comment (see ADDRESSES).

Notwithstanding any other provision of law, no person is required

to respond to nor shall a person be subject to a penalty for failure to

comply with a collection of information subject to the requirements of

the Paperwork Reduction Act (PRA) unless that collection of information

displays a currently valid OMB Control Number.

This rule contains a new collection-of-information requirement

subject to the PRA--namely, the requirement that dealers possessing red

porgy, gag, black grouper, or greater amberjack during seasonal

closures must maintain documentation that such fish were harvested from

areas other than the South Atlantic

A) unless that collection of information

displays a currently valid OMB Control Number.

This rule contains a new collection-of-information requirement

subject to the PRA--namely, the requirement that dealers possessing red

porgy, gag, black grouper, or greater amberjack during seasonal

closures must maintain documentation that such fish were harvested from

areas other than the South Atlantic. This requirement has been

submitted to OMB for approval. The public reporting burden for this

collection of information is estimated at 30 minutes per response,

including the time for reviewing instructions, searching existing data

sources, gathering and maintaining the data needed, and completing and

reviewing the collections of information.

Public comment is sought regarding: Whether this proposed

collection of information is necessary for the proper performance of

the functions of the agency, including whether the information would

have practical utility; the accuracy of the burden estimate; ways to

enhance the quality, utility, and clarity of the information to be

collected; and ways to minimize the burden of the collection of

information, including through the use of automated collection

techniques or other forms of information technology. Send comments on

these, or any other aspects of the collections of information, to NMFS

and OMB (see ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping

requirements, Virgin Islands.

Dated: November 5, 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

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. 622.30, paragraph (d) is added to read as follows:

Sec. 622.30 Fishing years.

* * * * *

l 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. 622.30, paragraph (d) is added to read as follows:

Sec. 622.30 Fishing years.

* * * * *

(d) South Atlantic greater amberjack--May 1 through April 30.

3. In Sec. 622.36, headings for paragraphs (a) and (b) and new

paragraphs (b)(4) and (b)(5) are added; paragraph (b) introductory text

is removed; and paragraphs (b)(1) and (b)(2) are revised to read as

follows:

Sec. 622.36 Seasonal harvest limitations.

(a) Gulf EEZ. * * *

(b) South Atlantic EEZ--(1) Greater amberjack spawning season.

During April, each year, the possession of greater amberjack in or from

the South Atlantic EEZ and in the South Atlantic on board a vessel for

which a valid Federal commercial or charter vessel/headboat permit for

South Atlantic snapper-grouper has been issued, without regard to where

such greater amberjack were harvested, is limited to one per person per

day or one per person per trip, whichever is more restrictive. Such

greater amberjack are subject to the prohibition on sale or purchase,

as specified in Sec. 622.45(d)(6).

(2) Mutton snapper spawning season. During May and June, each year,

the possession of mutton snapper in or from the EEZ on board a vessel

that has a commercial permit for South Atlantic snapper-grouper is

limited to 10 per person per day or 10 per person per trip, whichever

is more restrictive.

* * * * *

k are subject to the prohibition on sale or purchase,

as specified in Sec. 622.45(d)(6).

(2) Mutton snapper spawning season. During May and June, each year,

the possession of mutton snapper in or from the EEZ on board a vessel

that has a commercial permit for South Atlantic snapper-grouper is

limited to 10 per person per day or 10 per person per trip, whichever

is more restrictive.

* * * * *

(4) Black grouper and gag. During March and April, each year, the

possession of black grouper and gag in or from the South Atlantic EEZ

and in the South Atlantic on board a vessel for which a valid Federal

commercial or charter vessel/headboat permit for South Atlantic

snapper-grouper has been issued, without regard to where such black

grouper or gag were harvested, is limited to two black grouper or gag,

combined, per person per day or two black grouper or gag, combined, per

person per trip, whichever is more restrictive. Such black grouper or

gag are subject to the prohibition on sale or purchase, as specified in

Sec. 622.45(d)(5).

(5) Red porgy. During March and April, each year, the possession of

red porgy in or from the South Atlantic EEZ and in the South Atlantic

on board a vessel for which a valid Federal commercial or charter

vessel/headboat permit for South Atlantic snapper-grouper has been

issued, without regard to where such red porgy were harvested, is

limited to five per person per day or five per person per trip,

whichever is more restrictive. Such red porgy are subject to the

prohibition on sale or purchase, as specified in Sec. 622.45(d)(5).

4. In Sec. 622.37, paragraph (e) is revised to read as follows:

Sec. 622.37 Minimum sizes.

* * * * *

ntic snapper-grouper has been

issued, without regard to where such red porgy were harvested, is

limited to five per person per day or five per person per trip,

whichever is more restrictive. Such red porgy are subject to the

prohibition on sale or purchase, as specified in Sec. 622.45(d)(5).

4. In Sec. 622.37, paragraph (e) is revised to read as follows:

Sec. 622.37 Minimum sizes.

* * * * *

(e) South Atlantic snapper-grouper--(1) Snapper. (i) Lane snapper--

8 inches (20.3 cm), TL.

(ii) Vermilion snapper--11 inches (27.9 cm), TL, for a fish taken

by a person subject to the bag limit specified in Sec. 622.39 (d)(1)(v)

and 12 inches (30.5 cm), TL, for a fish taken by a person not subject

to the bag limit.

(iii) Blackfin, cubera, dog, gray, mahogany, queen, silk, and

yellowtail snappers; and schoolmaster--12 inches (30.5 cm), TL.

(iv) Mutton snapper--16 inches (40.6 cm), TL.

(v) Red snapper--20 inches (50.8 cm), TL.

(2) Grouper. (i) Red, yellowfin, and yellowmouth grouper; and

scamp--20 inches (50.8 cm), TL.

(ii) Black grouper and gag--24 inches (61.0 cm), TL.

(3) Other snapper-grouper species. (i) Black sea bass--10 inches

(25.4 cm), TL.

(ii) Gray triggerfish in the South Atlantic EEZ off Florida--12

inches (30.5 cm), TL.

(iii) Hogfish--12 inches (30.5 cm), fork length.

(iv) Red porgy--14 inches (35.6 cm), TL.

(v) Greater amberjack--28 inches (71.1 cm), fork length, for a fish

taken by a person subject to the bag limit specified in

Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, for a fish

taken by a person not subject to the bag limit.

* * * * *

5. In Sec. 622.38, paragraph (e) is removed; paragraphs (f) through

(i) are redesignated as paragraphs (e) through (h), respectively; and

paragraph (a) is revised to read as follows:

Sec. 622.38 Landing fish intact.

* * * * *

subject to the bag limit specified in

Sec. 622.39(d)(1)(i) and 36 inches (91.4 cm), fork length, for a fish

taken by a person not subject to the bag limit.

* * * * *

5. In Sec. 622.38, paragraph (e) is removed; paragraphs (f) through

(i) are redesignated as paragraphs (e) through (h), respectively; and

paragraph (a) is revised to read as follows:

Sec. 622.38 Landing fish intact.

* * * * *

(a) The following must be maintained with head and fins intact:

Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-

Atlantic, or South Atlantic EEZ, except as specified for king mackerel

in paragraph (g) of this section; South Atlantic snapper-grouper in or

from the South Atlantic EEZ, except as specified in paragraph (h) of

this section; yellowtail snapper in or from the Caribbean EEZ; and

finfish in or from the Gulf EEZ, except as specified in paragraphs (c),

and (d) of this section. Such fish may be eviscerated, gilled, and

scaled, but must otherwise be maintained in a whole condition.

* * * * *

6. In Sec. 622.39, a concluding sentence is added to paragraph

(a)(1); paragraphs (d)(1)(i), and (d)(1)(ii) are revised; and

paragraphs (d)(1)(vi) through (viii) are added to read as follows:

Sec. 622.39 Bag and possession limits.

(a) * * * (1) * * * The operator of a vessel that fishes in the

EEZ is responsible for ensuring that the bag and possession limits

specified in this section are not exceeded.

* * * * *

(d) * * *

(1) * * *

added to paragraph

(a)(1); paragraphs (d)(1)(i), and (d)(1)(ii) are revised; and

paragraphs (d)(1)(vi) through (viii) are added to read as follows:

Sec. 622.39 Bag and possession limits.

(a) * * * (1) * * * The operator of a vessel that fishes in the

EEZ is responsible for ensuring that the bag and possession limits

specified in this section are not exceeded.

* * * * *

(d) * * *

(1) * * *

(i) Greater amberjack--1.

(ii) Groupers, combined, excluding jewfish and Nassau grouper, and

tilefishes--5. However, within the 5-fish aggregate bag limit, no more

than two fish may be gag or black grouper, combined.

* * * * *

(vi) Red porgy--5.

(vii) Black sea bass--20.

(viii) South Atlantic snapper-grouper, combined, excluding tomtate

and blue runner and those specified in paragraphs (d)(1)(i) through

(vii) of this section--20.

* * * * *

7. In Sec. 622.40, paragraph (b)(3)(i) is revised to read as

follows:

Sec. 622.40 Limitations on traps and pots.

* * * * *

(b) * * *

(3) * * * (i) A sea bass pot that is used or possessed in the South

Atlantic EEZ between 35 deg.15.3' N. lat. (due east of Cape Hatteras

Light, NC) and 28 deg.35.1' N. lat. (due east of the NASA Vehicle

Assembly Building, Cape Canaveral, FL) is required to have--

(A) On at least one side, excluding top and bottom, a panel or door

with an opening equal to or larger than the interior end of the trap's

throat (funnel). The hinges and fasteners of each panel or door must be

made of one of the following degradable materials:

(1) Ungalvanized or uncoated iron wire with a diameter not

exceeding 0.041 inches (1.0 mm), that is, 19 gauge wire.

(2) Galvanic timed-release mechanisms with a letter grade

designation (degradability index) no higher than J.

(B) An unobstructed escape vent opening on at least two opposite

vertical sides, excluding top and bottom. The minimum dimensions of an

escape vent opening (based on inside measurement) are:

(1) 1 1/8 by 5 3/4 inches (2.9 by 14.6 cm) for a rectangular vent.

), that is, 19 gauge wire.

(2) Galvanic timed-release mechanisms with a letter grade

designation (degradability index) no higher than J.

(B) An unobstructed escape vent opening on at least two opposite

vertical sides, excluding top and bottom. The minimum dimensions of an

escape vent opening (based on inside measurement) are:

(1) 1 1/8 by 5 3/4 inches (2.9 by 14.6 cm) for a rectangular vent.

(2) 1.75 by 1.75 inches (4.5 by 4.5 cm) for a square vent.

(3) 2.0-inch (5.1-cm) diameter for a round vent.

* * * * *

8. In Sec. 622.41, paragraph (d)(6) is added to read as follows:

Sec. 622.41 Species specific limitations.

* * * * *

(d) * * *

(6) Longline species limitation. A vessel that has on board a valid

Federal commercial permit for South Atlantic snapper-grouper, excluding

wreckfish, that fishes in the EEZ on a trip with a longline on board,

may possess only the following South Atlantic snapper-grouper: snowy

grouper, warsaw grouper, yellowedge grouper, misty grouper, golden

tilefish, blueline tilefish, and sand tilefish. For the purpose of this

paragraph, a vessel is considered to have a longline on board when a

power-operated longline hauler, a cable of diameter suitable for use in

the longline fishery on any reel, and gangions are on board. Removal of

any one of these three elements constitutes removal of a longline.

* * * * *

9. In Sec. 622.42, paragraph (e)(3) is added to read as follows:

Sec. 622.42 Quotas.

* * * * *

(e) * * *

(3) Greater amberjack--1,169,931 lb (530,672 kg), gutted weight,

that is, eviscerated but otherwise whole.

* * * * *

10. In Sec. 622.43, paragraphs (a)(5) and (b)(1) are revised to

read as follows:

Sec. 622.43 Closures.

these three elements constitutes removal of a longline.

* * * * *

9. In Sec. 622.42, paragraph (e)(3) is added to read as follows:

Sec. 622.42 Quotas.

* * * * *

(e) * * *

(3) Greater amberjack--1,169,931 lb (530,672 kg), gutted weight,

that is, eviscerated but otherwise whole.

* * * * *

10. In Sec. 622.43, paragraphs (a)(5) and (b)(1) are revised to

read as follows:

Sec. 622.43 Closures.

(a) * * *

(5) South Atlantic snapper-grouper, excluding wreckfish. (i)

Greater amberjack. The bag limit specified in Sec. 622.39(d)(1)(i) and

the possession limits specified in Sec. 622.39(d)(2) apply to all

harvest or possession of greater amberjack in or from the South

Atlantic EEZ, and the sale or purchase of greater amberjack taken from

the EEZ is prohibited. In addition, the bag and possession limits for

greater amberjack and the prohibition on sale/purchase apply in the

South Atlantic on board a vessel for which a valid Federal commercial

or charter vessel/headboat permit for South Atlantic snapper-grouper

has been issued, without regard to where such greater amberjack were

harvested.

(ii) Golden tilefish and snowy grouper. Golden tilefish and snowy

grouper, for which there are quotas, are managed under the commercial

trip limits specified in Sec. 622.44(c) in lieu of the closure

provisions of this section.

* * * * *

(b) * * * (1) The prohibition on sale/purchase during a closure for

Gulf reef fish, king and Spanish mackerel, royal red shrimp, greater

amberjack, or wreckfish in paragraph (a)(1), (a)(3)(iii), (a)(4),

(a)(5)(i), or (a)(6) of this section does not apply to the indicated

species that were harvested, landed ashore, and sold prior to the

effective date of the closure and were held in cold storage by a dealer

or processor.

* * * * *

11. Section 622.44(c), which was published at 63 FR 38303, July 16,

1998, is proposed to be amended by adding paragraph (c)(4) to read as

follows:

Sec. 622.44 Commercial trip limits.

* * * * *

ction does not apply to the indicated

species that were harvested, landed ashore, and sold prior to the

effective date of the closure and were held in cold storage by a dealer

or processor.

* * * * *

11. Section 622.44(c), which was published at 63 FR 38303, July 16,

1998, is proposed to be amended by adding paragraph (c)(4) to read as

follows:

Sec. 622.44 Commercial trip limits.

* * * * *

(c) * * *

(4) Greater amberjack. Until the fishing year quota specified in

Sec. 622.42(e)(3) is reached, 1,000 lb (454 kg).

* * * * *

12. In Sec. 622.45, paragraphs (d)(5) and (d)(6) are added to read

as follows:

Sec. 622.45 Restrictions on sale/purchase.

* * * * *

(d) * * *

(5) During March and April, no person may sell or purchase a red

porgy, gag, or black grouper harvested from the South Atlantic EEZ or,

if harvested by a vessel for which a valid Federal commercial or

charter vessel/headboat permit for South Atlantic snapper-grouper has

been issued, harvested from the South Atlantic. The prohibition on

sale/purchase during March and April does not apply to red porgy, gag,

or black grouper that were harvested, landed ashore, and sold prior to

March 1 and were held in cold storage by a dealer or processor. This

prohibition also does not apply to a dealer's purchase or sale of red

porgy, gag, or black grouper harvested from an area other than the

South Atlantic, provided such fish is accompanied by documentation of

harvest outside the South Atlantic. Such documentation must contain:

t were harvested, landed ashore, and sold prior to

March 1 and were held in cold storage by a dealer or processor. This

prohibition also does not apply to a dealer's purchase or sale of red

porgy, gag, or black grouper harvested from an area other than the

South Atlantic, provided such fish is accompanied by documentation of

harvest outside the South Atlantic. Such documentation must contain:

(i) The information specified in 50 CFR part 300 subpart K for

marking containers or packages of fish or wildlife that are imported,

exported, or transported in interstate commerce;

(ii) The official number, name, and home port of the vessel

harvesting the red porgy, gag, or black grouper;

(iii) The port and date of offloading from the vessel harvesting

the red porgy, gag, or black grouper; and

(iv) A statement signed by the dealer attesting that the red porgy,

gag, or black grouper was harvested from an area other than the South

Atlantic.

(6) During April, no person may sell or purchase a greater

amberjack harvested from the South Atlantic EEZ or, if harvested by a

vessel for which a valid Federal commercial or charter vessel/headboat

permit for South Atlantic snapper-grouper has been issued, harvested

from the South Atlantic. The prohibition on sale/purchase during April

does not apply to greater amberjack that were harvested, landed ashore,

and sold prior to April 1 and were held in cold storage by a dealer or

processor. This prohibition also does not apply to a dealer's purchase

or sale of greater amberjack harvested from an area other than the

South Atlantic, provided such fish is accompanied by documentation of

harvest outside the South Atlantic. Such documentation must contain:

r amberjack that were harvested, landed ashore,

and sold prior to April 1 and were held in cold storage by a dealer or

processor. This prohibition also does not apply to a dealer's purchase

or sale of greater amberjack harvested from an area other than the

South Atlantic, provided such fish is accompanied by documentation of

harvest outside the South Atlantic. Such documentation must contain:

(i) The information specified in 50 CFR part 300 subpart K for

marking containers or packages of fish or wildlife that are imported,

exported, or transported in interstate commerce;

(ii) The official number, name, and home port of the vessel

harvesting the greater amberjack;

(iii) The port and date of offloading from the vessel harvesting

the greater amberjack; and

(iv) A statement signed by the dealer attesting that the greater

amberjack was harvested from an area other than the South Atlantic.

* * * * *

13. Figure 2 of Appendix C to Part 622 is amended by removing the

reference to ``length for deheaded greater amberjack.

[FR Doc. 98-30230 Filed 11-10-98; 8:45 am]

BILLING CODE 3510-22-F