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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990506119-9119-01; I.D. 040799B]

RIN 0648-AM66

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

Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management

Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues proposed regulations 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). These

proposed regulations would set the opening date of the recreational red

snapper fishing season at March 1, beginning with the

2000 fishing year; establish a 4-fish recreational red snapper bag

limit with a 0-fish bag limit for captain or crew of a charter vessel

or headboat; and change the openings of the fall red snapper commercial

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

each month, beginning September 1 each year. The intended effect of

these proposed regulations 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 July 14, 1999.

ADDRESSES: Comments on the proposed rule must be sent to Dr. Roy E.

Crabtree, 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, and a regulatory impact review

(RIR), 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; E-mail: [email protected].

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

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 Fishery

Conservation and Management Act (Magnuson-Stevens Act) by regulations

at 50 CFR part 622.

The Council has proposed adjusted management measures (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 regulations would implement

the measures contained in the Council's regulatory amendment except for

a proposed measure to reduce the minimum size limit for red snapper

from 15 to 14 inches. NMFS previously disapproved this measure (see

below).

Background

The Council requested that NMFS implement the measures in its

proposed regulatory amendment through emergency action because the

proposed recreational season, size limit, and bag limit measures could

not be implemented by proposed and final regulations before the

automatic opening of the recreational fishery on January 1, 1999. NMFS

implemented the 4-fish bag limit via emergency interim rule (63 FR

72200, December 31, 1998), as requested, to slow the rate of harvest,

avoid angler confusion, and address emergency conditions in the

fishery. NMFS did not implement the requested 0-fish bag limit for

captain and crew, size limit change, or seasonal delay via emergency

interim rule. NMFS analyses showed that benefits from emergency

implementation of these measures were not sufficient to justify the

associated loss of opportunity for prior notice and public comment.

The Council submitted a proposed regulatory amendment that would

reduce the minimum size limit (size limit) for red snapper from 15

inches to 14 inches (38 cm to 36 cm) (total length) for persons fishing

under the recreational or commercial quotas. NMFS has disapproved this

measure based on national standard 2 of the Magnuson-Stevens Act and

has returned this measure to the Council, as provided for by the Reef

Fish FMP framework procedure. The proposed minimum size limit reduction

provides no clear economic or biological benefits. NMFS analyses

suggest that reducing the minimum size limit from 15 inches to 14

inches would shorten the recreational season by about 7 days, with

little or no corresponding benefit to the stock.

Seven Council members signed a minority report opposing the 14-inch

(36-cm) size limit and the 0-fish bag limit for captain and crew. One

Council member signed a second minority report opposing the 0-fish bag

limit for captain and crew.

Recreational Season Delay

The Council proposes to delay the opening date of the recreational

season from January 1 to March 1. The Council recommends this change

based on the preponderance of public testimony that this closure period

would be the least disruptive to the fishery. The purpose of this

change is to extend the fishing season further into the fall; however,

NMFS analyses suggest that the 2-month delay would only extend the

season an additional 15 days. The proposed delay would close the

fishery in January and February, resulting in an estimated net loss of

12,000 angler trips, including 3,600 trips in the for-hire sector. The

number of lost trips is expected to be greatest in the western Gulf off

Texas. At its January 1999 meeting, the Council reviewed the NMFS

economic analyses. Charter vessel and headboat operators from the

northern and eastern Gulf reiterated their belief that the benefits of

the extended fall season resulting from the March 1 opening outweigh

the adverse effects of decreasing the total number of fishing trips per

year. This testimony may not be representative of the affected Gulf-

wide recreational sector; public comment on this aspect of the proposed

rule is needed to better evaluate this issue.

Proposed Bag Limit Measures

To prolong the recreational season, the Council recommends a 0-fish

bag limit for captain and crew of for-hire vessels and a continuation

of the 4-fish limit for all other persons subject to the bag limit

provision (currently in effect for all such persons through June 29,

1999, via emergency interim rule (63 FR 72200, December 31, 1998)).

NMFS analyses suggest that the 4-fish bag limit will extend the

duration of the recreational season beyond that achieved with a 5-fish

bag limit. Industry participants have suggested that four fish is the

minimum bag limit that would continue to attract for-hire customers.

Analyses of the 0-fish bag limit for captain and crew suggest that the

extension of the season resulting from this measure would be only 5

days or less. The Council considered this measure in combination with

other proposed changes and concluded this measure would significantly

extend the recreational season. Two Council minority reports question

the fairness and equity of this measure and its disproportionate effect

on for-hire vessels that carry few customers. These minority reports

state that the Council approved the measure without any scientific

analysis; however, the Council was provided the Socioeconomic Panel's

analyses of the effect of the 0-fish bag limit for captain and crew.

Additional public comment on these issues is needed.

Commercial Fall Season Adjustment

The regulations implementing FMP Amendment 15 restricted the red

snapper commercial harvest to the first 15 days of the month for each

of the annual fishing seasons beginning February 1 and September 1.

These monthly harvest periods were intended to benefit the fishery by

extending the length of the commercial fishing season and stabilizing

market prices. Based on more recent public testimony, the Council

concluded that the industry would benefit from a reduction in the

duration of the monthly open periods from 15 days to 10 days in the

fall season. The intent of this action is to stabilize ex-vessel

prices.

Classification

This proposed rule has been determined to be significant for

purposes of E.O. 12866.

The Chief Counsel for Regulation of the Department of Commerce has

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 Council prepared an RIR that describes the economic outcomes

of the measures in the proposed rule. The proposed measure to reduce

the recreational bag limit from 5 to 4 fish, plus a 0-fish bag limit

for captain and crew of for-hire vessels, is expected to reduce the

projected rate of recreational harvest, potentially reduce the

angler's economic value per trip, and reduce the benefits of captain

and crew. Such reductions would be compensated for by extending the

season by about 4 weeks later in the year. Given certain

assumptions, this measure would increase the benefits to both

anglers and for-hire vessels, but the available data do not allow

the appropriate calculations to be made. Postponing the opening of

the recreational fishery from January 1 to March 1 would allow the

fishery to remain open for 15 days more in the fall. Even though the

extension of the season is viewed as a desirable result, this

extension will be accompanied by a small reduction in the expected

total number of angler trips because more trips will be foregone

during January and February than will be gained later in the season.

Hence, the overall economic effect of postponing the season is

expected to be negative by a small but unknown amount. The proposed

reduction in fishing time from 15 days to 10 days for each open

month in the fall commercial red snapper season is expected to

achieve minimal but positive revenue effects. This result is

expected because the shorter open periods each month will lessen the

probability of supply gluts when red snapper markets are relatively

weak in the fall season. The RIR found that the proposed regulations

will not be significant under E.O. 12866. The RIR also estimated

that the government costs of developing the rule were $40,500, and

there are no expected increased costs of monitoring, enforcement or

reporting.

The Council also determined, and NMFS concurs, that there will

not be a significant impact on the estimated 1,626 reef fish permit

holders who can legally engage in the commercial harvest of red

snapper or operate for-hire businesses and can legally catch red

snapper under the recreational bag limit. These permit holders are

all classified as small entities. This determination was based on a

finding that none of the measures are expected to directly reduce

gross revenues of commercial or for-hire vessels, that no production

cost increases are expected, that no differential small versus large

firm impacts are expected, that there are no expected changes in

capital costs of complying with the proposed rule, and that no small

entities would be expected to cease business if the proposed rule is

implemented.

Based on the findings summarized above, the Council concluded that

the proposed rule would not have a significant impact on a substantial

number of small business entities, and 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: June 23, 1999.

Andrew A. Rosenberg,

Deputy Asst. 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), currently suspended through June

29, 1999, is revised to read as follows:

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

* * * * *

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

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

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

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

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

on September 1, whichever occurs first. Starting in September, the

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

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

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

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

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

possession of red snapper in or from the Gulf EEZ and in the Gulf on

board a vessel for which a commercial permit for Gulf reef fish has

been issued, as required under Sec. 622.4(a)(2)(v), without regard to

where such red snapper were harvested, is limited to the bag and

possession limits, as specified in Sec. 622.39(b)(1)(iii) and (b)(2),

respectively, and such red snapper are subject to the prohibition on

sale or purchase of red snapper possessed under the bag limit, as

specified in Sec. 622.45(c)(1). However, when the recreational quota

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

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

period is zero.

* * * * *

3. In Sec. 622.39, paragraph (b)(1)(iii), currently suspended

through June 29, 1999, is revised to read as follows:

Sec. 622.39 Bag and possession limits.

* * * * *

(b) * * *

(1) * * *

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

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

* * * * *

4. In Sec. 622.42, paragraph (a)(2) is revised to read as follows:

Sec. 622.42 Quotas.

* * * * *

(a) * * *

(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. Beginning January 1, 2000, this quota becomes available

on March 1 each year.

* * * * *

[FR Doc. 99-16519 Filed 6-28-99; 8:45 am]

BILLING CODE 3510-22-F