Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations 31827

Dated: May 11, 2000.

Peggy G. DeProspero,

Acting Director, Travel Management Policy

Division.

[FR Doc. 00–12340 Filed 5–18–00; 8:45 am]

BILLING CODE 6820–34–C

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.

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:

Richard.Raulerson@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Dr.

Roy E. Crabtree, telephone: 727–570–

5305, fax: 727–570–5583, e-mail:

Roy.Crabtree@noaa.gov.

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

31828 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations

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

Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations 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 shallowwater 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 § 622.37(d)(2)(iii)(B)

of this final rule.

In § 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

31830 Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations

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 § 622.34, add paragraphs (k) and

(o) to read as follows:

§ 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:

Federal Register / Vol. 65, No. 98 / Friday, May 19, 2000 / Rules and Regulations 31831

Point North lat. West long.

A ................................................................................................................................................................... 29°17′ 85°50′

B ................................................................................................................................................................... 29°17′ 85°38′

C .................................................................................................................................................................. 29°06′ 85°38′

D .................................................................................................................................................................. 29°06′ 85°50′

A ................................................................................................................................................................... 29°17′ 85°50′

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

Point North lat. West long.

A ................................................................................................................................................................... 28°14′ 84°48′

B ................................................................................................................................................................... 28°14′ 84°37′

C .................................................................................................................................................................. 28°03′ 84°37′

D .................................................................................................................................................................. 28°03′ 84°48′

A ................................................................................................................................................................... 28°14′ 84°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 § 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

§ 622.45(c)(4).

3. In § 622.37, paragraph (d)(2)(ii) is

revised and paragraph (d)(2)(iii) is

added to read as follows:

§ 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 § 622.39(b)(1)(ii)—24 inches

(61.0 cm), TL.

(B) For a person subject to the bag

limit specified in § 622.39(b)(1)(ii)—22

inches (55.9 cm), TL.

* * * * *

4. In § 622.45, paragraph (c)(4) is

added to read as ollows:

§ 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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 622 and 654

[Docket No. 000511134–0134–01; I.D.

072699D]

RIN 0648–AL81

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Fishery

Management Plans of the Gulf of

Mexico; Addition to FMP Framework

Provisions; Stone Crab Gear

Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement those provisions of the

Generic Sustainable Fisheries Act

Amendment to the Fishery Management

Plans (FMPs) of the Gulf of Mexico (SFA

Amendment) that modify the framework

regulatory adjustment procedures in the

FMPs for reef fish, red drum, and

coastal migratory pelagics. These FMP

framework modifications allow timely

addition of various stock population

parameters to the appropriate FMP(s),

including biomass-based estimates of

minimum stock size thresholds

(MSSTs), optimum yield (OY),

maximum sustainable yield (MSY),

stock biomass achieved by fishing at

MSY (BMSY), and maximum fishing

mortality thresholds (MFMTs). These

regulations also revise the stone crab

trap construction requirements, as

proposed by the SFA Amendment. The

intended effects are to provide a more

timely mechanism for incorporating

stock population parameters into the

applicable FMPs when such information

becomes available and to establish stone

crab trap construction regulations that

are compatible with those of the State of

Florida and that will reduce finfish

bycatch.

DATES: This final rule is effective June

19, 2000.

FOR FURTHER INFORMATION CONTACT: Roy

Crabtree, telephone: 727–570–5305, fax:

727–570–5583, e-mail:

Roy.Crabtree@noaa.gov.

SUPPLEMENTARY INFORMATION: The SFA

Amendment addresses fisheries under

the FMPs for coral and coral reef

resources, coastal migratory pelagics,

red drum, reef fish, shrimp, spiny

lobster, and stone crab. The FMPs were

prepared by the Gulf of Mexico Fishery

Management Council (Council), except

for the FMPs for coastal migratory

pelagics and spiny lobster that were

prepared jointly by the South Atlantic

and Gulf of Mexico Fishery

Management Councils. All of these

FMPs, except the spiny lobster and

stone crab FMPs, are implemented