[Federal Register Volume 65, Number 98 (Friday, May 19, 2000)]
[Rules and Regulations]
[Pages 31827-31831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12578]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 000120016-0135-02; I.D. 112299C]
RIN 0648-AM70


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement a regulatory 
amendment prepared by the Gulf of Mexico Fishery Management Council 
(Council) in accordance with framework procedures for adjusting 
management measures in the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). This final rule increases the 
commercial and recreational minimum size limits for gag and black 
grouper; prohibits the commercial harvest and the sale or purchase of 
gag, black grouper, and red grouper from February 15 to March 15 each 
year; and establishes two areas in the eastern Gulf of Mexico that are 
closed to all fishing, except fishing for highly migratory species. The 
intended effect of this final rule is to protect the spawning 
aggregations for these species and to prevent overfishing.

DATES: This final rule is effective June 19, 2000.

ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA) 
may be obtained from the Southeast Regional Office, NMFS, 9721 
Executive Center Drive N., St. Petersburg, FL 33702, telephone: 727-
570-5305, fax: 727-570-5583, email: <a href="/cdn-cgi/l/email-protection#7d2f141e151c0f19532f1c0811180f0e12133d13121c1c531a120b"><span class="__cf_email__" data-cfemail="d486bdb7bcb5a6b0fa86b5a1b8b1a6a7bbba94babbb5b5fab3bba2">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: <a href="/cdn-cgi/l/email-protection#c99ba6b0e78abba8abbdbbacac89a7a6a8a8e7aea6bf"><span class="__cf_email__" data-cfemail="44162b3d6a0736252630362121042a2b25256a232b32">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of Mexico 
EEZ 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.
    In accordance with the framework procedures of the FMP, the Council 
recommended, and NMFS published, a proposed rule (65 FR 4221, January 
26, 2000) to increase the commercial and recreational minimum size 
limits for gag and black grouper; prohibit the commercial harvest and 
the sale or purchase of gag, black grouper, and red grouper harvested 
from the Gulf EEZ from February 15 to March 15 each year; and establish 
two areas in the eastern Gulf of Mexico (Madison and Swanson sites and 
Steamboat Lumps) that would be closed to all fishing, except fishing 
for highly migratory species (i.e., tunas, marlin, sailfish, swordfish, 
and oceanic sharks). The preamble to the proposed rule explained the 
need and rationale for these measures. Those descriptions are not 
repeated here.
    After considering the comments received on the proposed rule, NMFS 
partially approved the regulatory amendment. The proposed additional 
increases in the recreational minimum size limit for gag and black 
grouper from 22 inches to 24 inches (55.9 cm to 61 cm), to be phased in 
over a 2-year period following implementation of this final rule, were 
disapproved (see Response to Comment 3 under ``Comments and Responses'' 
below).

Comments and Responses

    Comment 1: Two Council members stated in their minority report that 
the proposed measures are insufficient to prevent overfishing and 
protect male gag. Specifically, they stated that the commercial 1-month 
closed season is too short to be effective. Several environmental 
groups also suggested that additional measures, including additional 
marine reserves, are needed to protect gag.
    Response: NMFS agrees that additional measures to reduce fishing 
mortality will probably be required to achieve levels consistent with 
the Council's management objective. The Council's intent in preparing 
this amendment was to reduce overfishing to a level consistent with the 
20-percent spawning potential ratio (SPR) management target in effect 
at the time it adopted final measures for the regulatory amendment. On 
November 17, 1999, NMFS approved a maximum fishing mortality threshold 
of 30-percent SPR for gag and black grouper, as proposed by the Council 
under its Generic Sustainable Fisheries Act Amendment to the Fishery 
Management Plans of the Gulf of Mexico. Additional reductions in 
fishing mortality will probably be needed to prevent this threshold 
from being exceeded. To address this concern, and other problems in the 
grouper fishery, the Council is developing an FMP amendment. NMFS 
agrees that the effectiveness of the 1-month closure of the commercial 
fishery could be reduced if, in response to the closure, fishing effort 
increases immediately before or after the closure; however, the closure 
will provide some reduction in fishing mortality and provide some 
protection to spawning aggregations. NMFS believes that additional 
measures to protect spawning aggregations may be required in the 
future; however, the 1-month closure is an appropriate step at this 
time.
    Comment 2: A for-hire fishing organization and two Council members 
stated that the proposal to close two areas to all fishing exceeds the 
most restrictive alternative presented and discussed at public hearings 
and should be disapproved. A commercial fishing organization and a for-
hire fishing organization questioned the need for closing the two areas 
to all fishing. Nine individuals and seven environmental organizations 
expressed strong support for the two closed areas and suggested the 
closure period should be extended beyond the 4-year period.
    Response: This rule closes the two areas only to fisheries under 
the jurisdiction of the Council. The Council has requested that NMFS' 
Highly Migratory Species Division (HMS Division), Office of Sustainable 
Fisheries, issue a compatible rule prohibiting fishing for all Atlantic 
highly migratory species in these two areas. The HMS Division is 
currently considering this request and expects to take appropriate 
action soon. Any HMS Division's rulemaking action will involve proposed 
and final rules and will provide the opportunity for public comment on 
proposed measures. The Council recommended closure of the two areas to 
all fishing in order to reduce bycatch mortality of gag and black 
grouper and to improve enforcement of the closure to fishing.
    The closure to all fishing under the Council's jurisdiction is a 
logical extension of the Council's earlier proposal that was the 
subject of public hearings and a workshop involving affected fishery 
participants and is based on public comments. This earlier proposal 
would have closed areas to all

[[Page 31828]]

reef fish fishing and to the use of all bottom gear capable of catching 
reef fish. At the Council's March 1999 meeting, NMFS enforcement 
personnel stated that the areas should be closed to all fishing rather 
than just to fishing in one fishery to enhance enforcement 
significantly. At its July 1999 meeting and after receiving public 
comment on the selection of the two sites, the Council determined that 
a closure to all fishing was necessary to achieve the goals of the 
proposed measure.
    NMFS has approved this measure along with its 4-year sunset 
provision as recommended by the Council. The Council may consider 
extending the duration of the closure, as appropriate, at some 
subsequent time.
    Comment 3: Two Council members stated in their minority report that 
the proposed measures place an unfair and greater burden on the 
recreational sector than on the commercial fishery. Eighteen 
individuals objected to the proposal to increase the recreational 
minimum size limit and stated that regulations should reduce the 
commercial harvest only. Several individuals stated that reductions in 
the recreational bag limit would be more effective than increases in 
the minimum size limit since some released fish die as a result of 
capture trauma. A total of 277 individuals favored the increase in the 
recreational minimum size limit. In a minority report, four other 
Council members objected to the delay in the increase in the 
recreational minimum size limit to 24 inches (61.0 cm) and argued that 
an immediate increase to 24 inches (61.0 cm) is needed to reduce 
overfishing. A total of 279 individuals supported the increase in the 
commercial minimum size limit, and 3 individuals opposed this increase. 
Three environmental groups expressed support for the increased size 
limit and one expressed opposition.
    Response: NMFS believes that minimum size limits are an appropriate 
and effective method of protecting immature fish in many fisheries. 
NMFS recognizes that the effectiveness of minimum size limits can be 
reduced if release mortality rates are high. In the shallow-water 
grouper recreational fishery and the hand-line commercial fishery, 
release mortality rates appear to be relatively low and, therefore, 
consistent with effective minimum size limits.
    NMFS disagrees that regulations should affect only the commercial 
sector. Restrictions in both the recreational and commercial sectors 
should be equitable. The increase in the recreational minimum size 
limit to 22 inches (55.9 cm) and the measures intended to reduce the 
commercial harvest should result in an equitable harvest by each 
sector. NMFS believes that the proposed increase in the recreational 
minimum size limit from 22 to 24 inches (55.9 cm to 61.0 cm) could 
disproportionately reduce the recreational harvest compared to the 
commercial harvest reduction. Such an inequitable reduction in the 
harvest between the two sectors is contrary to national standard 4 and 
section 303(a)(14) of the Magnuson-Stevens Act. The administrative 
record indicates that the proposed increase in the minimum size limit 
from 22 inches to 24 inches (55.9 cm to 61.0 cm) in the recreational 
fishery would result in a disproportionally large reduction in the 
recreational harvest compared to the commercial harvest reduction 
resulting from the combined measures for the commercial fishery. 
Consequently, NMFS has disapproved the Council's proposed increase in 
the recreational minimum size limit from 22 inches to 24 inches (55.9 
cm to 61.0 cm). NMFS will consider further minimum size limit changes 
for the recreational fishery if the Council proposes measures that 
ensure equitable reductions in the harvest by each sector. NMFS 
believes that the Council can resolve this issue later this year as it 
develops a comprehensive FMP amendment to address problems in the 
shallow-water grouper fishery.
    The Council considered, but did not recommend, establishing a 
separate bag limit for gag. The current bag limit of five fish is an 
aggregate bag limit for shallow-water grouper. The Council considered 
analyses indicating that harvest would not be reduced significantly by 
setting a gag bag limit of two fish per person per day because few 
individuals land more than two fish. The Council may choose to 
reconsider bag limit reductions as it develops an FMP amendment to 
address conservation and management issues in the grouper fishery.
    Comment 4: Four Council members, a commercial fishing organization, 
and a for-hire fishing organization stated that the proposed measures 
are not based upon the best available science. Specifically, a Council 
minority report questioned the need for the protection of male gag and 
the scientific information indicating a recent declining proportion of 
male gag in the Gulf of Mexico. The for-hire organization objected to 
the use of SPR as a valid reference point upon which to base management 
decisions. Conversely, two individuals and five environmental 
organizations argued that the measures are based on the best available 
science, which they believe particularly supports the need to protect 
male gag through closed areas.
    Response: NMFS believes that the approved measures are based on the 
best available science and are consistent with the precautionary 
approach to fisheries management. Uncertainty regarding scientific 
information does not preclude precautionary management action. 
Sufficient scientific information suggests that the proportion of males 
in the Gulf gag stock has decreased as a result of heavy exploitation. 
NMFS is concerned that the loss of males and the fishing effort on 
spawning aggregations could disrupt spawning and ultimately reduce 
recruitment. It is uncertain to what extent males have been depleted 
and whether such depletion has affected spawning success. However, 
closure of two areas to allow further study of this issue is an 
appropriate precautionary management measure.
    SPR is an appropriate proxy for fishing mortality and, thus, an 
appropriate reference point upon which to base management decisions 
that are intended to address overfishing. The intent of this final rule 
is to reduce and prevent overfishing; thus, the use of SPR in this 
context is appropriate.
    Comment 5: Four Council members stated in their minority report 
that the 1-month closure of the commercial fishery only is not fair and 
equitable to all fishermen and should be disapproved based on national 
standard 4. An organization representing the commercial fishing 
industry, one environmental group and 25 individuals also objected to 
the 1-month closure of the commercial fishery. Many of these 
individuals explicitly objected to the lack of prior notice regarding 
the closure during 2000 and stated that uncertainty regarding the 
closure in 2000 interfered with efficient fishing operations. An 
additional 273 individuals questioned the effectiveness of a 1-month 
closure. They stated that effort would be shifted to other months and 
that ex-vessel prices would decrease as a result of the closure. 
Seventeen individuals and three environmental groups expressed support 
for the 1-month closure, although many of these believed that the 
closure should be extended to encompass the entire spawning season (3-4 
months). Some individuals also suggested that a seasonal closure of 
spawning areas should be established.
    Response: NMFS believes that the approved measures will result in 
approximately equal percent reductions of the harvests in the 
recreational and commercial sectors and, thus, the approved measures 
are fair and equitable. NMFS agrees that effort

[[Page 31829]]

shifting in the commercial fishery may reduce the effectiveness of the 
1-month closure of the commercial fishery; however, NMFS believes that 
the closure will provide some reductions in fishing mortality of gag, 
black grouper, and red grouper and will provide some limited protection 
to spawning aggregations of these species. Additional measures to 
reduce fishing mortality and protect spawning aggregations may be 
required in the future. NMFS also recognizes that limited notification 
of fishery closures places a hardship on the participants in the 
commercial fishery. Because this final rule does not become effective 
until after March 15, 2000, the 1-month closure of the commercial 
fishery will not occur until 2001.
    Comment 6: Four Council members stated in their minority report 
that the regulatory amendment does not adequately consider the economic 
impact on fishing communities.
    Response: For analyzing economic impacts, information is available 
at the county level and is not available disaggregated to show fishing 
communities. However, all affected entities are included in the RIR's 
aggregate economic analysis. Therefore, because fishing communities 
would be affected, the economic impact on them is included in the 
aggregate analysis. The Council and NMFS prepared a Regulatory Impact 
Review (RIR) and a Final Regulatory Flexibility Analysis (FRFA) that 
assess the socioeconomic effects of the preferred measures and 
alternatives considered by the Council and NMFS. The costs and benefits 
of the rule are assessed in the RIR and the economic impacts on small 
entities are assessed in the RIR/FRFA. The Council considered the 
economic implications of each alternative for achieving the management 
objective of reducing and preventing overfishing. The FRFA identifies 
the alternatives with less adverse economic impacts on small entities 
and sets forth the reasons why such alternatives were rejected. NMFS 
believes that the approved measures are based on the best available 
scientific information and will achieve the management objective in a 
fair and equitable manner, while minimizing the adverse economic 
impacts to the extent practicable.
    Comment 7: Four Council members stated in their minority report 
that the regulatory amendment fails to address bycatch in the 
recreational fishery as required by the Magnuson-Stevens Act. One 
environmental group opposed the size limit increase based on its belief 
that bycatch would be increased.
    Response: NMFS believes that the approved increase in the minimum 
size limit will reduce fishing mortality on small, immature grouper in 
the shallow-water grouper fishery and that this reduction in fishing 
mortality outweighs any increase in the resulting regulatory discards. 
National standard 9 requires that bycatch and bycatch mortality be 
minimized to the extent practicable. NMFS believes that bycatch in the 
recreational gag/black grouper fishery has been reduced to the extent 
practicable. Most bycatch in the recreational grouper fishery results 
from regulatory discards, which are an inevitable result of measures 
such as bag limits, size limits, and closed seasons. The elimination of 
these measures, with the intent of reducing bycatch, would increase 
overall fishing mortality and increase the rate of exploitation of 
immature grouper. Thus, the elimination of these measures to reduce 
bycatch would contribute to overfishing and is not practicable.
    Comment 8: A total of 284 individuals commented that longlines were 
responsible for most of the problems in the shallow-water grouper 
fishery and suggested that longlines either be eliminated from the 
fishery or restricted to depths beyond 40-50 fathoms (73.2-91.4 m). One 
individual suggested that spear fishing for grouper be eliminated. 
Another individual suggested that fish traps be eliminated.
    Response: The Council did not propose gear restrictions in the 
grouper fishery in this regulatory amendment. The Council is expected 
to consider additional gear restrictions in its FMP amendment for the 
grouper fishery currently under development.
    Comment 9: Two individuals and five environmental groups responded 
to concerns raised by the NMFS Southeast Fisheries Science Center 
regarding the closed areas (see the proposed rule preamble). Comments 
received stated that (1) baseline data exist with which to compare 
changes in the closed area after 4 years; (2) the 4-year duration of 
the closure is too short but can and should be extended by the Council 
and NMFS; (3) scientists can provide criteria with which to judge the 
``success'' or ``failure'' of the closure after the closure is 
approved; and (4) the results of studies within the closed areas will 
provide useful information to management agencies.
    Response: NMFS has approved the closure of the two areas and will 
work with the Council to develop an appropriate experimental design and 
review existing baseline data.

Changes From the Proposed Rule

    For the reasons discussed under the Response to Comment 3, NMFS has 
disapproved the measure that would have phased in additional increases 
in the recreational minimum size limit for gag and black grouper from 
22 inches (55.9 cm) to 24 inches (61 cm). Those additional phased-in 
increases have been removed from Sec. 622.37(d)(2)(iii)(B) of this 
final rule.
    In Sec. 622.45(c)(4), the wording of the seasonal restriction on 
sale or purchase of gag, black grouper, or red grouper harvested by a 
vessel with a Federal commercial permit for Gulf reef fish has been 
revised to clarify that the restriction applies throughout the Gulf 
rather than only in the Gulf EEZ. This is consistent with the wording 
of the corresponding seasonal closure of the commercial fishery for 
gag, black grouper, and red grouper.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The regulatory amendment implemented by this final rule was 
prepared by the Council and submitted to NMFS for review, approval, and 
implementation under authority of the Magnuson-Stevens Act. The Council 
prepared an initial regulatory flexibility analysis (IRFA) for the four 
measures proposed in the regulatory amendment. NMFS prepared an FRFA 
for the final rule implementing the regulatory amendment. The FRFA was 
based on the IRFA, public comments, and subsequent analysis by NMFS. A 
summary of the FRFA follows:
    The final rule implements four management actions: (1) An increase 
in the minimum size limits for gag and black grouper from 20 to 24 
inches (50.8 cm to 61.0 cm) for commercial fishermen; (2) an increase 
in the minimum size limits for gag and black grouper from 20 inches to 
22 inches (from 50.8 cm to 55.9 cm) for recreational fishermen; (3) a 
1-month seasonal closure of the commercial fishery for gag, black and 
red grouper; and (4) a year-round prohibition of recreational and 
commercial fishing in two specific areas where gag spawning 
aggregations are known to occur. The Council also proposed that the 
recreational minimum size limit for gag and black grouper be increased 
from 22 inches to 24 inches (from 55.9 cm to 61.0 cm) over the 2-year 
period following implementation of this final rule; however, NMFS 
disapproved that provision. The approved measures will result in a 
significant economic impact

[[Page 31830]]

on a substantial number of small business entities.
    NMFS received over 600 comments on the proposed action. The 
comments pertaining to economic impacts of the actions are summarized 
as follows. Some comments stated that the proposal to close two areas 
to all fishing is too restrictive, while other comments gave strong 
support to the two closed areas. NMFS responds that the closure to all 
fishing under the Council's jurisdiction is a logical extension of the 
Council's earlier proposal to close areas to reef fish fishing and is 
based on public comment. However, this final rule closes the areas to 
fishing only for species under the Council's management.
    Some comments stated that the size limit proposal unfairly limits 
the recreational catch while several individuals favored bag limit 
reductions instead. There were 227 comments in favor of the proposed 
recreational size limit. 279 comments favored the commercial size 
limit, and 3 were opposed. NMFS believes that size limits are an 
appropriate method of protecting immature fish but is concerned that 
the proposed increases in the recreational size limit to 24 inches 
(61.0 cm) could unfairly reduce the recreational harvest. NMFS, 
therefore, disapproved the increase in the recreational size limit 
beyond 22 inches (55.9 cm).
    A total of 273 individuals questioned the effectiveness of a 1-
month closure, with some noting that the closure should be extended to 
encompass the entire spawning season (3-4 months). NMFS agrees that a 
1-month closure would be less effective than a longer closure, but 
notes that the closure will result in a reduction in fishing mortality 
and is, therefore, an appropriate step at this time, notwithstanding 
the possible need for future reductions in fishing mortality.
    Some comments stated that the regulatory amendment does not 
adequately consider the economic impact on fishing communities. NMFS 
notes that an RIR, IRFA, and FRFA were prepared that assess the 
economic impacts of the Council's proposed measures and the 
alternatives it considered.
    In summary, there were no changes to the proposed rule that were 
based solely on the public comments. However, NMFS disapproved the 
Council's proposal for a subsequent increase in the recreational size 
limit for gag and black grouper from 22 inches to 24 inches (55.9 cm to 
61.0 cm) because this size increase for the recreational sector could 
cause disproportionately large harvest reductions compared to the 
commercial sector's harvest reductions, and would, thus, be in conflict 
with national standard 4. Numerous public comments were in support of 
this decision; they alleged that the further minimum-size increase for 
the recreational fishery was discriminatory because of the arguably 
unfair and inequitable potential effects on recreational harvests.
    The Council determined that 242 commercial vessels historically 
fishing in the Gulf of Mexico EEZ would be negatively affected by the 
seasonal and year-round area closures. A relatively small proportion of 
the for-hire fleet is also expected to be impacted adversely by the two 
year-round area closures. The minimum size limits will affect 757 
commercial vessels and an unknown number of for-hire vessels. All of 
these units are classified as small business entities under the RFA. 
Most of the commercial vessels use handline gear, have an average 
length of 38 ft (11.6 m), and generate average annual gross revenues of 
about $50,000. The for-hire businesses tend to use traditional charter 
fishing boats with offshore capability. No additional reporting, 
recordkeeping, or other compliance requirements by small entities are 
contained in the final rule.
    Significant alternatives to the proposed actions were identified. 
The Council rejected four alternatives to change the size limits. The 
status quo of a 20-inch (50.8-cm) minimum size limit was rejected 
because increasing the size limits will help achieve the objective of 
preventing overfishing. The impacts of some of the other rejected 
alternatives were greater than for the proposed limits, and the 
proposed alternative would help meet the regulatory amendment 
objectives while minimizing the adverse economic impacts. NMFS' 
decision to disapprove the phased-in increase to a 24-inch (61.0-cm) 
recreational minimum size limit will tend to minimize adverse impacts 
on some for-hire small businesses.
    There were three alternatives to the proposal to implement a 1-
month seasonal commercial closure for gag, black and red grouper. The 
status quo was rejected because action was needed in order to attain 
the objectives of the regulatory amendment. The other two alternatives 
were rejected because they would have resulted in greater adverse 
impacts on fishermen.
    The remaining action would prohibit fishing for 4 years in two 
specific areas. The Council considered and rejected four alternatives 
to the closed areas, including the status quo. The status quo was 
rejected because the area closures will provide essential protection 
for a portion of the gag population. Based on the sizes of the closed 
areas considered, impacts from the other alternatives would have lesser 
or greater impacts. The Council's recommendation falls in the middle 
and represents an attempt to achieve the objective of protecting gag 
stocks while minimizing negative economic impacts. The 4-year sunset 
provision for the closed areas also represents an attempt to minimize 
the negative economic impacts.
    This rule is necessary because the gag stock is approaching an 
overfished condition, and the Magnuson-Stevens Act requires the Council 
to take action to prevent overfishing.
    A copy of the FRFA is available from NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: May 12, 2000.
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 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, add paragraphs (k) and (o) to read as follows:


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

* * * * *
    (k) Closure of the Madison and Swanson sites and Steamboat Lumps. 
No person may fish within the Madison and Swanson sites or Steamboat 
Lumps for any species of fish except highly migratory species. Highly 
migratory species means tuna species, marlin (Tetrapturus spp. and 
Makaira spp.), oceanic sharks, sailfishes (Istiophorus spp.), and 
swordfish (Xiphias gladius). This prohibition is effective through June 
16, 2004. For the purpose of this paragraph (k), fish means finfish, 
mollusks, crustaceans, and all other forms of marine animal and plant 
life other than marine mammals and birds. The Madison and Swanson sites 
are bounded by rhumb lines connecting, in order, the following points:

[[Page 31831]]



 
------------------------------------------------------------------------
               Point                    North lat.         West long.
------------------------------------------------------------------------
A.................................         29 deg.17'         85 deg.50'
B.................................         29 deg.17'         85 deg.38'
C.................................         29 deg.06'         85 deg.38'
D.................................         29 deg.06'         85 deg.50'
A.................................         29 deg.17'         85 deg.50'
------------------------------------------------------------------------

    Steamboat Lumps is bounded by rhumb lines connecting, in order, the 
following points:

 
------------------------------------------------------------------------
               Point                    North lat.         West long.
------------------------------------------------------------------------
A.................................         28 deg.14'         84 deg.48'
B.................................         28 deg.14'         84 deg.37'
C.................................         28 deg.03'         84 deg.37'
D.................................         28 deg.03'         84 deg.48'
A.................................         28 deg.14'         84 deg.48'
------------------------------------------------------------------------

* * * * *
    (o) Seasonal closure of the commercial fishery for gag, red 
grouper, and black grouper. From February 15 to March 15, each year, no 
person aboard a vessel for which a valid Federal commercial permit for 
Gulf reef fish has been issued may possess gag, red grouper, or black 
grouper in the Gulf, regardless of where harvested. However, a person 
aboard a vessel for which the permit indicates both charter vessel/
headboat for Gulf reef fish and commercial Gulf reef fish may continue 
to retain gag, red grouper, and black grouper under the bag and 
possession limit specified in Sec. 622.39(b), provided the vessel is 
operating as a charter vessel or headboat. From February 15 until March 
15, each year, the sale or purchase of gag, red grouper, or black 
grouper is prohibited as specified in Sec. 622.45(c)(4).

    3. In Sec. 622.37, paragraph (d)(2)(ii) is revised and paragraph 
(d)(2)(iii) is added to read as follows:


Sec. 622.37  Size limits.

* * * * *
    (d) * * *
    (2) * * *
    (ii) Red grouper and yellowfin grouper--20 inches (50.8 cm), TL.
    (iii) Black grouper and gag--(A) For a person not subject to the 
bag limit specified in Sec. 622.39(b)(1)(ii)--24 inches (61.0 cm), TL.
    (B) For a person subject to the bag limit specified in 
Sec. 622.39(b)(1)(ii)--22 inches (55.9 cm), TL.
* * * * *

    4. In Sec. 622.45, paragraph (c)(4) is added to read as ollows:


Sec. 622.45  Restrictions on sale/purchase.

* * * * *
    (c) * * *
    (4) From February 15 until March 15, each year, no person may sell 
or purchase a gag, black grouper, or red grouper harvested from the 
Gulf by a vessel with a valid Federal commercial permit for Gulf reef 
fish. This prohibition on sale/purchase does not apply to gag, black 
grouper, or red grouper that were harvested, landed ashore, and sold 
prior to February 15 and were held in cold storage by a dealer or 
processor.
* * * * *
[FR Doc. 00-12578 Filed 5-18-00; 8:45 am]
BILLING CODE 3510-22-F


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