36656 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules

relevant information, review, type, and

sign. This information is compiled in

the normal agency planning processes

and transferred to these forms.

Recipients nationwide complete

approximately 3,500 Grant Agreement

forms and 1,750 Amendment to Grant

Agreement forms during any fiscal year

for a total burden of 5,250 hours. This

information is used to document

financial awards made to grant

recipients and amendments to these

awards.

(e) The public is invited to submit

comments on the accuracy of the

estimated average burden hours needed

for completing Part I—Certification, Part

II—Summary of Hunting and Sport

Fishing License Issued, Grant

Agreement, and Amendment to Grant

Agreement forms and to suggest ways in

which the burden may be reduced.

Comments may be submitted to: U.S.

Fish and Wildlife Service, Information

Collection Clearance Officer, 4401 North

Fairfax Drive, Suite 222, Arlington, VA

22203.

Dated: May 11, 2000.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 00–14586 Filed 6–8–00; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000511132–0132–01; I.D.

042400I]

RIN 0648–AM04

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.

SUMMARY: NMFS proposes regulations to

implement 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 modify the

recreational and commercial red

snapper fishing seasons; allocate twothirds of the commercial red snapper

quota for the spring fishing season, with

the remainder available for the fall

fishing season; increase the recreational

minimum size limit for red snapper; and

reinstate a 4-fish recreational red

snapper bag limit for captain and crew

of for-hire vessels (charter vessels and

headboats). The intended effect of these

proposed regulations is to maximize the

economic benefits from the red snapper

resource within the constraints of the

stock rebuilding program for this

overfished resource.

DATES: Comments must be received no

later than 4:30 p.m., eastern standard

time, on July 10, 2000.

ADDRESSES: Written 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. Comments

may also be sent via fax to 727–570–

5583. Comments will not be accepted if

submitted via e-mail or Internet.

Requests for copies of the regulatory

amendment, which includes an

environmental assessment, a regulatory

impact review (RIR), and an initial

regulatory flexibility analysis (IRFA)

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:

gulf.council@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 exclusive economic

zone (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.

Under the regulatory amendment, the

Council has proposed adjusted

management measures for the Gulf red

snapper commercial and recreational

fisheries. Under provisions of the FMP,

these measures, if approved and

implemented, would continue in effect

until changed through a subsequent

rulemaking action. The Council has

submitted the regulatory amendment to

NMFS for review, approval, and

implementation. The measures in this

regulatory amendment were developed

and submitted to NMFS under the terms

of the FMP’s framework procedure for

annual adjustments in management

measures for the red snapper fishery.

The proposed regulations would

implement the measures contained in

the Council’s regulatory amendment.

Background

The measures contained in the

proposed rule, except for the change in

the start date of the fall commercial

season and the minor change in the

allocation of the commercial quota,

were implemented by interim rule (64

FR 71056, December 20, 1999). This

proposed rule would implement these

measures on a permanent basis.

The measures contained in this

proposed rule are needed to reduce

overfishing, while allowing the total

allowable catch (TAC) of red snapper to

be harvested by fair, equitable, and

effective means. These changes would

reduce overfishing by: (1) increasing the

likelihood of compatible closures of

state waters during Federal closures,

thereby improving enforcement of

closures of the EEZ recreational red

snapper fishery and reducing the

harvest from state waters during Federal

closures; (2) improving compliance with

Federal regulations by opening the

recreational fishery during the time of

greatest demand and reducing confusion

among anglers by promoting compatible

state and Federal regulations; and (3)

reducing the rate of harvest in the

commercial fishery, thus reducing the

probability of the commercial fishery

exceeding its quota.

These red snapper measures are

based, in part, on the recommendations

to the Council from a stakeholder

conference held in New Orleans, LA, on

September 27, 1999. Stakeholders’

recommendations for the recreational

red snapper fishery included a 4-fish

bag limit for the captain and crew of forhire vessels, a minimum size limit not

to exceed 16 inches (40.6 cm), and a

March 1 to October 31 recreational

season. The interim rule was necessary

to implement these changes before the

2000 fishing seasons began.

Section 407(d) of the MagnusonStevens Act requires NMFS to close the

Gulf of Mexico recreational red snapper

fishery after the recreational quota

(currently 4.47 million lb (2.03 million

kg)) is caught. The recreational fishery

was closed on November 27 in 1997, on

September 29 in 1998, and on August 29

in 1999. Under the regulations in place

prior to promulgation of the interim

rule, i.e., a 4-fish bag limit and a 15-inch

(38.1-cm), minimum size limit, NMFS

projected that with a January 1 opening

date for the recreational fishery, the

2000 quota (4.7 million lb (2.03 million

kg)) would be reached on July 29, 2000;

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules 36657

consequently, the fishery would be

closed at 12:01 am on July 30, 2000.

The recreational fishery has exceeded

its quota each year since 1997, when

NMFS first closed it as required by

section 407(d) of the Magnuson-Stevens

Act. The proposed rule is intended to

address this problem and to reduce

overfishing. Compatible state closures

are essential for Federal closures to be

effective. If the Gulf states do not

implement compatible recreational

seasons, the harvest of red snapper in

state waters will continue after the

Federal closure. Furthermore, the lack

of compatible regulations impedes

enforcement of Federal regulations,

results in reduced compliance, and

increases overfishing. During 1999, the

recreational red snapper fishery in most

Gulf states’ waters remained open for at

least 3 months after the Federal closure.

Under the regulations in effect prior to

promulgation of the interim rule, the

recreational fishery in the EEZ would

have opened on January 1, 2000, and

closed on July 30, 2000. NMFS expects

that the Gulf states would have opened

their fisheries on January 1 if Federal

waters had opened, but the states would

probably not have closed state waters

until at least October 31, as occurred

during 1999. By opening the

recreational fishery during the time of

greatest demand, the interim rule has

achieved compatible seasons with four

of the five Gulf states. The recreational

fishery in Texas is expected to remain

open all year. Thus, fishing that would

have occurred after closure of the

Federal season under the regulations in

effect prior to the interim rule has been

reduced.

Recreational Season

The stakeholders at the September 27,

1999, conference recommended a red

snapper recreational season from March

1 to October 31. The Council attempted,

to the extent possible, to implement the

stakeholders’ recommendations;

however, based on the best available

scientific information, the harvest from

a March 1 to October 31 season would

exceed the current recreational quota.

Therefore, the Council recommended a

shorter season as close to the

stakeholders’ recommendation as

possible. The stakeholders’

recommendations and the

preponderance of public testimony

presented to the Council indicate that a

season from April 21 to October 31

offers the greatest benefits to Gulf

anglers and, based upon the best

available scientific information, is

compatible with the recreational quota.

A group of south Texas anglers, who

participated in the stakeholders

conference, submitted a minority report

requesting a year-round fishery with a 4-

fish bag limit and a 13-inch (33.0-cm)

minimum size limit. However, the

harvest from a year-round fishery, if

implemented, would greatly exceed the

quota and jeopardize the recovery of the

stock.

The Council recommended an April

15-to-October 31 season but authorized

the Regional Administrator to adjust the

season as needed to allow reinstatement

of the 4-fish bag limit for the captain

and crew of for-hire vessels. To

compensate for the increase in catch

rates resulting from reinstatement of this

measure, NMFS delayed the season

opening by 6 days until April 21.

The stakeholders discussed the

request from some south Texas anglers

for a winter fishery, but neither the

stakeholders nor the south Texas

minority report recommended a winter

fishery. At its November 1999 meeting,

the Council considered adding a

January-February opening with a

reduced bag limit to allow a winter

fishery. The Council concluded that it

was impossible to do so without

substantially shortening the prime

April-to-October season and, thus,

increasing the likelihood that illegal

fishing during the closed season would

occur, resulting in a harvest that

exceeds the recreational quota.

Furthermore, it is unlikely that all of the

Gulf states would enact the compatible

closures required to accommodate a

winter fishery; consequently, the EEZ

would be closed without compatible

state closures resulting in overfishing

and impeded enforcement.

The proposed rule would provide

Texas anglers, as well as anglers in other

states, the opportunity to fish during the

months of greatest historical demand.

During 1996, the last year that the red

snapper fishery was open all year, Texas

monthly landings during May-October

exceeded those of any other months.

Analyses based on recent years (1995–

1998) show that during January-March,

monthly landings in Texas average

96,000 lb (43,545 kg), substantially less

than during August-October when

monthly landings average 137,000 lb

(62,142 kg). Further, the proposed rule

would provide economic benefits to the

Texas for-hire fishing industry by

allowing the industry to operate during

the months of greatest demand. Texas

headboat trips during January-March

average 5,000 trips per month, as

opposed to 8,000 trips per month during

August-October. Texas charter boat trips

show a similar trend, with an average of

1,200 trips per month during JanuaryMarch and 2,000 trips per month during

August-October.

Recreational Size Limit

The increase in the recreational

minimum size limit from 15 inches

(38.1 cm) to 16 inches (40.6 cm) is an

essential component of the modified

recreational fishing season. The increase

would reduce the harvest rate and, in

combination with the bag limit and

closed seasons, would help ensure that

the recreational quota is not exceeded,

thereby reducing overfishing. NMFS’

projections indicate that the reduction

in catch rates from the increased size

limit would allow the season to be

extended by approximately three weeks

without a significant increase in harvest.

The best available scientific information

indicates that increasing the minimum

size limit constrains harvest rates by

increasing the proportion of anglers who

are unable to catch their bag limit. The

NMFS Southeast Fisheries Science

Center (Center) has determined that the

measures contained in this proposed

rule, including any additional release

mortality associated with the increase in

the minimum size limit, would not

jeopardize the long-term recovery of the

stock. The extension of the fishing

season would provide social and

economic benefits to the recreational

fishery and the Gulf tourism industry.

The stakeholders recommended 16

inches (40.6 cm) as the largest minimum

size acceptable to the recreational

fishery.

The Council did not propose a

corresponding increase in the existing

commercial size limit of 15 inches (38.1

cm). The Council justified the

discrepancy between the two size limits

based on the different release mortality

rates in the two fisheries and on the

need to extend the recreational season

by increasing the minimum size limit.

Commercial fishers fish in deeper water

than recreational fishers and use electric

reels, which bring fish to the surface

more quickly than does rod-and-reel

gear used by recreational fishers;

consequently, the mortality rate of fish

released in the commercial fishery (33

percent) is greater than that in the

recreational fishery (20 percent). The

best available scientific information

suggests that further increases in the

minimum size limit above 15 inches

(38.1 cm) provided few conservation

benefits at release mortality rates of 33

percent or greater.

Recreational Bag Limit

Reinstating the 4-fish bag limit for

captain and crew of for-hire vessels

would relieve a restriction on that sector

of the fishery. The final rule for the

Council’s 1999 red snapper regulatory

amendment (64 FR 47711, September 1,

36658 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules

1999) implemented the current 0-fish

bag limit for captain and crew. The forhire industry has vigorously opposed

this measure. NMFS approved the 0-fish

bag limit for captain-and-crew for the

1999 season because it extended the

recreational season without a

corresponding increase in harvest.

Subsequent public comment and the

recommendations of the stakeholders

indicate that fishery participants are

willing to sacrifice fishing days to

reinstate the bag limit for captain and

crew. Thus, the Council’s regulatory

amendment proposes to reinstate the 4-

fish bag limit for the for-hire sector and

delay the starting date of the

recreational season to April 15 or to a

date determined by the NMFS Regional

Administrator (RA) that would

accommodate the reinstatement of the 4-

fish bag limit and prevent a

corresponding increase in harvest. The

RA has determined that this season

starting date should be April 21 for

2000, as was implemented by the

interim rule.

NMFS expected that none of the Gulf

states would have enacted a compatible

0-fish bag limit measure (for 2000 and

beyond), and, thus, enforcement of this

measure would have been difficult. By

restoring the captain-and-crew bag limit,

the projected fishery closure date would

be based on an assumed catch rate

reduction that would, in fact, be

realized because of compatible state

regulations. In addition, the measure

should reduce overfishing by

encouraging cooperation and voluntary

compliance by the for-hire sector, which

accounts for the greatest portion of the

recreational harvest.

Spring Commercial Season

Reducing the openings of the spring

commercial fishery from 15 days per

month to 10 days per month would slow

the overall harvest rate, allow additional

time between 10-day fishing periods to

evaluate landings and, thus, reduce the

probability of exceeding the commercial

quota and overfishing. This measure

also would reduce confusion among

fishers by providing consistent spring

and fall fishing periods and, thus,

increase compliance. Projections by the

Council’s Socioeconomic Panel and the

experience of the 10-day openings (9

fishing days) during the 1999 fall season

suggest that the reduced harvest rate

also would help maintain price stability.

This action should allow commercial

red snapper fishermen to generate more

revenue with the same amount of catch,

which should help reduce the incentive

to pursue a derby fishery that would

likely result in a quota overrun.

Fall Commercial Season

Changing the opening of the fall

season from September 1 to October 1

is proposed to increase economic

benefits to the fishery. Seafood dealers

have stated that there is low demand for

seafood in September but that demand

and prices improve in October. Delaying

the start of the fall commercial season

until October is intended to allow

fishermen to get better prices for their

catches and make fresh red snapper

available at a time when the consumer

demand is greater. This measure is not

expected to have any biological

consequences.

Allocation of the Commercial Quota

The proposed rule would implement

a minor change in the allocation of the

commercial quota (4.65 million lb (2.11

million kg)) between the spring and fall

seasons. Currently the spring allocation

is a fixed amount, 3.06 million lb (1.39

million kg), with the remainder

available for the fall fishing season. The

proposed rule would specify that the

spring sub-quota be set as a proportion

(two-thirds) of the annual commercial

quota rather than as a fixed quantity.

This would allow any future changes in

the commercial quota to be distributed

proportionally between the spring and

fall seasons, rather than the entire

adjustment being applied only to the fall

season. Based on the current annual

commercial quota, the two-thirds

proportion for the spring sub-quota

would be 3.10 million lb (1.41 million

kg), thus leaving 1.55 million lb (0.705

million kg) for the fall sub-quota.

The Center has determined that this

proposed rule is based on the best

available scientific information. The

Center emphasized that to be considered

consistent with the FMP’s current

management objective of achieving a 20-

percent spawning potential ratio (SPR)

by 2019, the Council’s selection of a

9.12 million-lb (4.14 million-kg) TAC

carries the implicit belief that red

snapper bycatch reduction of at least 50

percent will be achieved in year 2000

and beyond, that harvests will not

exceed quotas, and that future

recruitment, on average, will increase as

spawning stock biomass increases. In its

certification of the interim rule, which

implemented most of the measures

contained in this proposed rule, the

Center concluded that these measures

would not jeopardize the long-term

recovery of the red snapper stock and

that the measures address overfishing

and are consistent with the FMP and the

Magnuson-Stevens Act. The Center also

emphasized the uncertainty associated

with projections of catch rates in the

recreational fishery and certified that

the recreational quota is within the

margin of error of the harvest projected

under the measures contained in this

proposed rule.

Classification

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. A summary of the IRFA

follows:

This proposed rule is being

considered because the red snapper

stock is overfished, and the MagnusonStevens Act requires the Council to take

action to resolve the overfished status of

the stock. The Council determined that

450 to 650 commercial vessels with a

history of red snapper landings from the

EEZ waters of the Gulf of Mexico would

be directly affected by the rule. The

Council also determined that about

1,200 charterboats and headboats would

be affected by the rule, and all of these

units are classified as small business

entities. Most of the commercial vessels

use handline gear, have an average

length of 38 ft (11.6 m), have an

estimated resale value of $52,817 and

generate average annual gross revenues

of about $52,000. The charterboat

businesses tend to use traditional

charter fishing boats that average 37 ft

(11.3 m.) in length and generate about

$56,000 in sales, while the headboats

have an average length of 62 feet (18.9

m.) and have annual receipts of about

$140,000. No additional reporting,

record keeping or other compliance

costs were identified, and no

duplicative, overlapping, or conflicting

Federal rules were identified.

Four alternatives, including the

minimum size limit of 15 inches (38.1

cm) total length in effect prior to change

by the interim rule, are identified for the

proposal to increase the recreational red

snapper minimum size limit from 15

inches (38.1 cm) to 16 inches (40.6 cm).

The 15-inch (38.1 cm) size limit and a

lower size limit of 14 inches (35.6 cm)

were rejected as minimum size limits

because both alternatives would

increase the rate of harvest and lead to

a shorter season, thereby reducing the

recreational value. The 15-inch size

limit leads to a shorter season because

the stocks are recovering, and catch per

unit effort is rising. A minimum size

limit from 16 inches (40.6 cm) to 18

inches (45.7 cm) was rejected because

larger fish suffer from a higher release

mortality because they tend to be

harvested from greater depths. If this is

so, then the larger minimum size limits

would reduce the potential for stock

recovery and reduce long-term benefits.

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules 36659

A final alternative of no size limit with

a requirement to retain the first four fish

(current bag limit) was considered. With

good compliance, this alternative could

assist stock recovery and lengthen the

season, thus generating larger short-term

as well as long-term economic benefits.

However, the Council concluded that it

was not enforceable and would lead to

high-grading and a reduction in

benefits.

The Council proposed a bag limit

allowance of 4 fish for the captain and

crew of for-hire vessels and considered

one other alternative—the zero bag

limits for captain and crew in effect

prior to change by interim rule. The RIR

found that the captain and crew bag

limit of 4 fish may lead to a reduction

in net economic benefits to the

recreational fishery because the season

would be shortened. However, the

Council chose the alternative because it

believed that not enough additional

income would be generated to justify

the loss of harvest privileges for captain

and crew.

The Council considered five

alternatives to the proposal to set the

recreational red snapper season from

April 15 through October 31 including

the January 1 opening in effect prior to

change by the interim rule. Under the

regulations in effect prior to

implementation of the interim rule, the

recreational season starts on January 1

and closes when the quota is met. The

January 1 opening has resulted in short

seasons that eliminate some of the more

profitable for-hire fishing trips that

occur later in the year. Hence, the

Council investigated suitable

alternatives and chose the April 15-

through-October 31 season alternative.

The current regulations still require a

closure whenever the recreational quota

is determined (projected) to be met, and

the RIR indicates that trips occurring

later in the season are more valuable

than trips occurring earlier in the year.

For this reason, the Council also

proposed giving the Regional

Administrator, Southeast Region,

NMFS, the authority to delay the

opening date to accommodate overruns

that were projected to be associated

with the proposed captain and crew bag

limit (4-fish bag limit). The Council’s

intent was to maintain the October 31

closing date while keeping the

recreational sector within its quota.

Another alternative rejected by the

Council was to open the recreational

season for January and February, close

it for late winter, reopen at an

unspecified date in the spring or

summer, and then close it for the year

whenever the quota was met. The idea

was an attempt to maximize for-hire

profits because the peak vacation

seasons vary in different areas of the

Gulf of Mexico. Since there was not

enough information available to

evaluate the economic consequences of

this alternative and there was also no

spring/summer opening date specified,

the economic outcome of the alternative

could not be evaluated. A final

recreational season alternative rejected

by the Council would split the Gulf of

Mexico into subregions, with the

possibility of different seasons,

suballocations, size limits, and bag

limits for each subregion. Since there

were no specific regulatory proposals

identified, it was not possible to forecast

economic outcomes.

For the commercial sector, the

regulations in effect prior to change by

the interim rule allow the available

quota to be split into spring and fall

seasons to take advantage of periods

when demand is highest and producer

surplus can be generally increased.

However, the Council has the ability to

set specific regulations for each of the

seasons. For the spring season, the

Council proposed starting the season on

February 1 and having mini-seasons of

10 days each month until the spring

quota is reached. The Council rejected

the alternative in effect prior to change

by interim rule of 15 day mini-seasons

in the spring because an economic

analysis conducted by NMFS, and

included in the RIR, indicated an

increase of net benefits from the shorter,

10-day, mini-seasons. The Council

elected to maintain the fall mini-seasons

that were already established at 10 days

per month. The Council proposes to

begin the fall season on October 1

instead of the status quo of September

1 because some seafood dealers

indicated that demand is higher in

October.

A copy of the IRFA is available from

the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: June 2, 2000.

Bruce C. Morehead,

Acting 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 § 622.34, paragraph (n) is

removed; the suspension of paragraph

(l) is lifted; and paragraphs (l) and (m)

are revised to read as follows:

§ 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 10th of each month to noon on the

first of each succeeding month until the

quota specified in § 622.42(a)(1)(i)(A) is

reached or until noon on October 1,

whichever occurs first. From October 1

to December 1, 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 § 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

§ 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 § 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 § 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.

(m) Closures of the recreational

fishery for red snapper. The recreational

fishery for red snapper in or from the

Gulf EEZ is closed from January 1

through April 20 and from November 1

through December 31. During a closure,

the bag and possession limit for red

snapper in or from the Gulf EEZ is zero.

3. In § 622.37, paragraph (d)(1)(vi) is

removed; the suspension of paragraph

(d)(1)(iv) is lifted; and paragraph

(d)(1)(iv) is revised to read as follows:

§ 622.37 Size limits.

* * * * *

(d) * * *

(1) * * *

(iv) Red snapper—16 inches (40.6

cm), TL, for a fish taken by a person

subject to the bag limit specified in

§ 622.39(b)(1)(iii) and 15 inches (38.1

36660 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Proposed Rules

cm), TL, for a fish taken by a person not

subject to the bag limit.

* * * * *

4. In § 622.39, paragraphs (b)(1)(viii)

and (b)(1)(ix) are removed; the

suspensions of paragraphs (b)(1)(iii) and

(b)(1)(v) are lifted; and paragraph

(b)(1)(iii) is revised to read as follows:

§ 622.39 Bag and possession limits.

* * * * *

(b) * * *

(1) * * *

(iii) Red snapper—4.

* * * * *

5. In § 622.42, paragraphs (a)(1)(i)(A)

and (a)(1)(i)(B) are revised to read as

follows:

§ 622.42 Quotas.

* * * * *

(a) * * *

(1) * * *

(i) * * *

(A) Two-thirds of the quota specified

in § 622.42(a)(1)(i), 3.10 million lb (1.41

million kg), available at noon on

February 1 each year, subject to the

closure provisions of §§ 622.34(l) and

622.43(a)(1)(i).

(B) The remainder available at noon

on October 1 each year, subject to the

closure provisions of §§ 622.34(l) and

622.43(a)(1)(i).

* * * * *

[FR Doc. 00–14525 Filed 6–8–00; 8:45 am]

BILLING CODE 3510–22–F