[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Rules and Regulations]
[Pages 36643-36646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14529]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 991210334-0122-02; I.D. 112399A]
RIN 0648-AN41


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

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

ACTION: Interim rule; extension of effective date.

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SUMMARY: An interim rule is in effect through June 19, 2000, that 
changes the management measures for the red snapper fishery in the 
exclusive economic zone (EEZ) of the Gulf of Mexico in order to reduce 
overfishing, as requested by the Gulf of Mexico Fishery Management 
Council (Council). That interim rule modifies the recreational and 
commercial fishing seasons, increases the recreational minimum size 
limit, and reinstates a 4-fish bag limit for the captain and crew of 
for-hire vessels (i.e., charter vessels and headboats). NMFS extends 
this interim rule for an additional 180 days. The intended effect is to 
reduce overfishing of red snapper in the Gulf of Mexico.

DATES: The effective date for the interim rule published at 64 FR 
71056, December 20, 1999, is extended from June 19, 2000, through 
December 16, 2000.

ADDRESSES: Copies of the documents supporting this rule, i.e., an 
analysis of the economic consequences and an environmental assessment, 
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.

FOR FURTHER INFORMATION CONTACT: Dr. Roy Crabtree, telephone: 727-570-
5305; fax: 727-570-5583; e-mail: <a href="/cdn-cgi/l/email-protection#e2b08d9bcca190838096908787a28c8d8383cc858d94"><span class="__cf_email__" data-cfemail="a8fac7d186ebdac9cadcdacdcde8c6c7c9c986cfc7de">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (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 response to a request from the Council, NMFS issued an interim 
rule (64 FR 71056, December 20, 1999), under section 305(c)(1) of the 
Magnuson-Stevens Act, that changed the management measures for the red 
snapper fishery in the exclusive economic zone (EEZ) of the Gulf of 
Mexico by (1) increasing the recreational minimum size limit to 16 
inches (40.6 cm); (2) establishing a recreational season of April 21 to 
October 31, 2000; (3) reinstating the 4-fish bag limit for captain and 
crew of for-hire vessels; and (4) changing the openings of the spring 
red snapper commercial season from the first 15 days of each month to 
the first 10 days of each month, beginning February 1. This action was, 
and remains, necessary to address overfishing of the red snapper 
resource.
    Under section 305(c)(3)(B) of the Magnuson-Stevens Act, NMFS may 
extend the effectiveness of an interim rule for one additional period 
of 180 days, provided the public has had an opportunity to comment on 
the interim rule and the Council is actively preparing proposed 
regulations to address the overfishing on a permanent basis. NMFS 
solicited public comments on the initial interim rule and received 
numerous comments. These comments are summarized herein along with 
agency responses. The Council has prepared a regulatory amendment, 
under the FMP's framework procedure for regulatory adjustments, that is 
intended to address overfishing of the red snapper resource; if 
approved and implemented by NMFS, the regulatory amendment would 
replace this interim rule. The expiration date of the interim rule is 
being extended because red snapper remain overfished and NMFS cannot 
take action to address the overfishing via the regulatory amendment by 
June 19, 2000.
    Additional details concerning the basis for these changes to the 
red snapper management measures and discussion of the ongoing efforts 
of the Council and NMFS to evaluate and implement measures to rebuild 
the red snapper stock consistent with the requirements of the Magnuson-
Stevens Act are contained in the preamble to the interim rule and are 
not repeated here.

Comments and Responses

    NMFS received a total of 1,488 comments addressing the interim rule 
(64 FR 71056, December 20, 1999). Most of these supported the Council's 
request for the interim rule and were received prior to publication of 
the interim rule. All comments received before, during, or after the 
comment period are summarized and addressed below.
    Comment 1: A total of 1,359 letters supported the measures 
contained in the interim rule. Specifically, these letters supported 
the April 21-to-October 31 recreational season because this season 
would provide the greatest economic benefits.
    Response: NMFS agrees that the measures implemented by the interim 
rule will provide economic benefits to the greatest number of Gulf 
fishers, as well as reduce overfishing and allow the recovery of the 
red snapper stock.
    Comment 2: A total of 179 letters opposed the interim rule. Most 
opposition was from fishers and organizations in south Texas who 
believe that the recreational season will cause economic hardship in 
their area. Many of those who objected to the April 21-to-October 31 
recreational season requested a year-round fishery.
    Response: Based on public testimony and the best available 
scientific information, NMFS concluded that a season from April 21 to 
October 31 offers the greatest benefits to Gulf anglers and is 
compatible with the recreational quota. A year-round fishery is 
expected to exceed the 2000 recreational quota.
    The measures implemented by this interim rule 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 2000 recreational red snapper fishery included 
a 4-fish bag limit for the captain and crew of for-hire vessels, a size 
limit not to exceed 16 inches (40.6

[[Page 36644]]

cm), and a March 1-to-October 31 recreational season.
    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. 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. Therefore, the Council 
recommended a shorter season as close to the stakeholders' 
recommendation as possible.
    The stakeholders discussed the request for a winter fishery from 
some south Texas anglers, 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 but concluded that, 
to do so, the reduced bag limit would substantially shorten the prime 
April-to-October season and, thus, increase the likelihood of illegal 
fishing during the closed season; such occurrence would result in a 
harvest that would exceed the recreational quota. Further, because 
other Gulf states, including Texas, would not likely enact the 
compatible closures required to accommodate a winter fishery, the EEZ 
would be closed without compatible state closures, thereby resulting in 
overfishing of red snapper.
    The interim rule provides Texas anglers, as well as anglers in 
other states, the opportunity to fish during the months of the greatest 
historical demand. During 1996, the last year that the red snapper 
recreational fishery was open all year, Texas monthly recreational 
landings during May-October exceeded those of any other monthly period. 
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). Furthermore, the interim rule will 
provide economic benefits to the Texas for-hire 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 January-March and of 2,000 trips per month during August-
October.
    Comment 3: An environmental organization and several individuals 
expressed concerns regarding regulatory discards, mortality rates of 
released fish, and the use of minimum size limits as conservation 
measures in the red snapper fishery.
    Response: NMFS is also concerned with regulatory discards and the 
mortality rates of released red snapper. Based on the best scientific 
information available, NMFS believes that minimum size limits are an 
effective conservation measure in this fishery. Minimum size limits are 
a widely used fishery management tool designed to allow females to 
spawn at least once before entering the fishery. This pool of unfished 
mature females acts as a buffer against overfishing and recruitment 
failure in a severely overfished stock. The effectiveness of this 
strategy depends on the survival rate of released fish. NMFS' stock 
assessments assume a survival rate of 80 percent for released red 
snapper in the recreational fishery and 67 percent in the commercial 
fishery. NMFS is currently reviewing recent studies on the release 
mortality rates of red snapper and will recommend changes in management 
measures, if justified.
    Comment 4: One commercial fishing organization objected to the 
status quo total allowable catch (TAC) of 9.12 million lb (4.14 million 
kg) and stated that the TAC should be no greater than 6 million lb 
(2.72 million kg). Two individuals also expressed concerns regarding 
the magnitude of the TAC.
    Response: The interim rule was intended to reduce overfishing by 
increasing the probability of achieving compatible state and Federal 
regulations. The Council recommended no change to the status quo TAC of 
9.12 million lb (4.14 million kg); thus, this interim rule does not 
address or alter the current TAC.
    The Magnuson-Stevens Act, as amended by the Sustainable Fisheries 
Act of 1996 (SFA), mandates that overfished stocks be rebuilt to a 
biomass level capable of producing maximum sustainable yield (MSY). On 
November 17, 1999, NMFS disapproved the Council's red snapper 
rebuilding plan, as proposed in the Generic SFA Amendment to the Gulf 
of Mexico Fishery Management Council's Fishery Management Plans, 
because it specified a fishing-mortality-based rebuilding target rather 
than a biomass-based target and because it did not estimate the time to 
rebuild in the absence of fishing mortality; these are requirements of 
the Magnuson-Stevens Act and the national standard guidelines. The 
Council must submit a new red snapper rebuilding plan as soon as 
possible to NMFS for agency review, approval, and implementation.
    The recent stock assessment included a wide range of estimates of 
MSY and the stock biomass associated with MSY for red snapper. NMFS 
recognizes that a considerable uncertainty associated with these 
estimates exists and that the Council has latitude to consider this 
uncertainty when developing a new rebuilding plan. Conditions 
approaching those estimated to exist for red snapper resource near MSY 
have not been seen in decades, and, thus, the assessment models for 
estimatinng MSY require assumptions regarding the productivity of the 
stock. The SFA requires greater reductions in the red snapper harvest 
and in shrimp trawl bycatch mortality of juvenile red snapper to 
rebuild this resource than were required by the Magnuson-Stevens Act 
prior to the SFA. The Council's Reef Fish Stock Assessment Panel 
estimate of the acceptable biological catch (ABC) of red snapper for 
2000 ranges from 0 to 9.12 million lb (0 to 4.14 million kg), depending 
on the reduction of red snapper bycatch mortality achieved in the 
shrimp fishery and appropriate rebuilding parameters. The best 
available scientific information indicates that the status quo 9.12 
million-lb (4.14 million-kg) TAC for 2000 may slow the rate of recovery 
in the early years of any rebuilding program but would not jeopardize 
recovery of the stock consistent with the rebuilding requirements of 
the Magnuson-Stevens Act, particularly if greater reductions in bycatch 
mortality are achieved as expected. However, an immediate and 
significant reduction in TAC would have devastating effects upon 
participants in the fishery.
    NMFS will continue to provide the Council with the best available 
scientific information regarding the status of the red snapper stock, 
the effectiveness of bycatch reduction devices (BRDs), and the 
effectiveness of the FMP's management measures in rebuilding the 
overfished red snapper resource. NMFS is working with the commercial 
shrimp fishing industry to develop new BRDs that will further reduce 
finfish bycatch while minimizing shrimp loss. Also, NMFS will continue 
to work with the Council in implementing the FMP's current red snapper 
stock rebuilding plan and in modifying this plan as necessary to 
restore the stock to a biomass level

[[Page 36645]]

capable of producing MSY. Management options include, but are not 
limited to, adjustments to the fishing season, bag limit changes, quota 
reductions, fishing effort reduction, vessel buy-back programs, and 
additional measures to reduce shrimp trawl bycatch mortality.
    Comment 5: One environmental group stated that a set recreational 
fishing season, i.e., beginning and closing dates fixed, violates the 
Sustainable Fisheries Act requirement that the red snapper recreational 
fishery be closed once its quota is reached.
    Response: NMFS disagrees. The SFA requires that the Gulf of Mexico 
red snapper recreational fishery be closed when the quota is reached. 
To comply with this requirement, NMFS works jointly with the Council to 
implement management measures and establish closure dates that, based 
upon the best available scientific information, are likely to result in 
annual catches that approximate the quota within the margin of error of 
the harvest projections. NMFS uses a computer simulation model to 
assess the future status of the red snapper stock. The model integrates 
estimates of stock abundance with fishing effort to project estimates 
of how many fish will be caught for various time periods. This 
projection assumes that the current year's fishing effort will be 
similar to that of previous years. In-season data are not used to 
establish or adjust closure dates; instead, closure is based entirely 
on projections. This is the only practicable method of setting closure 
dates because the NMFS Marine Recreational Fisheries Statistics Survey 
(MRFSS) is not designed for real-time quota monitoring. MRFSS data are 
available only in 2-month blocks, referred to as waves, and landings 
are not available until 5 weeks after the end of a wave. Thus, there is 
a time lag of at least 3 months before even preliminary MRFSS landings 
data can be evaluated; consequently, NMFS cannot determine the closure 
date based on real-time fishery data. In projecting recreational 
fishery harvest rates, NMFS attempts to approximate the quota in the 
long term, while recognizing that annual variations in the catch are 
inevitable.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), after 
considering all public comments received on the interim rule, has 
determined that this extension of the interim rule is necessary to 
reduce overfishing of red snapper in the Gulf of Mexico and is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This extension of the interim rule is not subject to review under 
E.O. 12866.
    This extension of the interim rule is exempt from the procedures of 
the Regulatory Flexibility Act because the initial interim rule was 
issued without opportunity for prior public comment.
    NMFS prepared an economic analysis of the expected regulatory 
impacts of the interim rule. NMFS analyzed commercial fishing derbies 
during the last decade to determine the probable economic consequences 
of commercial spring and fall seasons consisting of a series of 10-day 
mini derbies during the year 2000. NMFS concluded that compared to 15-
day openings, a series of 10-day commercial derbies conducted under a 
9.12 million-lb (4.14 million-kg) TAC could measurably increase the 
average total and net revenues for the year. Shorter mini-seasons 
during 1998-99 reduced landings per month, supported higher ex-vessel 
prices, and extended domestic supplies. The expected economic 
consequences for the recreational sectors are less definite because of 
uncertainties regarding the recreational catch that may be realized 
versus recreational catches that can be forecast with available data.
    If the changes in the recreational fishery regulations, which 
include an April 21 to October 31 season and an increase in the size 
limit to 16 inches (40.6 cm), result in catches that are no greater 
than the recreational quota, then NMFS expects an increase in net 
benefits for all portions of the recreational fishery in aggregate. 
However, if the realized catches exceed the quota, then longer term 
benefits will be reduced because stock recovery will be slowed by an 
indeterminate amount. In theory, if the management measures in this 
interim rule are very different from the management measures preferred 
by the Gulf states, it is unlikely that the Gulf states will adopt 
compatible regulations. Under incompatible Federal and state 
regulations, harvests will probably continue in state waters after 
Federal closures. These harvests will impede stock rebuilding efforts. 
Under the existing management scheme, for example, harvests during the 
Federal closures could exceed 600,000 lb (272,155 kg) during a fishing 
year. The Gulf states are more likely to adopt any scenario 
approximating the Council's requested season of April 15-October 31, 
thus reducing the negative effects of incompatible Federal and state 
rules.
    Copies of the economic analysis are available upon request (see 
ADDRESSES).
    This extension of the interim rule will help to ensure that 
management measures necessary to address the overfishing of the red 
snapper resource will remain in effect until a more permanent 
regulatory solution can be implemented. In the past, the lack of 
compatible management of the red snapper fishery by most Gulf states 
resulted in continued fishing in state waters after Federal waters were 
closed. This contributed to quota overruns and overfishing. NMFS 
anticipates that four of the five Gulf states will adopt measures 
compatible with the measures of the interim rule. This will enhance the 
effectiveness of the closed seasons and will significantly reduce the 
probability of overfishing. The increase in the recreational minimum 
size limit will reduce the harvest rate and, in combination with the 
bag limit and closed seasons, will help ensure that the recreational 
quota is not exceeded and that overfishing does not occur. Reducing the 
openings of the commercial fishery from 15 days per month to 10 days 
per month will slow the harvest rate and reduce the probability of 
exceeding the commercial quota and overfishing. Reinstating the 4-fish 
bag limit for captain and crew of for-hire vessels relieves a 
restriction on that sector of the fishery. The majority of public 
comments received on the interim rule supported the rule. None of the 
relatively few comments opposing various aspects of the interim rule 
warranted a revision of any measures in the interim rule. Delaying 
action to reduce overfishing in the red snapper fishery of the Gulf of 
Mexico to provide further notice and an opportunity for public comment 
would increase the likelihood of a loss of long-term productivity from 
the fishery and increase the probable need for more severe restrictions 
in the future. Furthermore, the Council has submitted for Secretarial 
review a regulatory amendment that contains the measures implemented by 
this interim rule; an opportunity for public comment on the proposed 
rule for the regulatory amendment will be provided. Accordingly, under 
authority set forth at 5 U.S.C. 553(b)(B), the AA finds, for good 
cause, namely the reasons set forth above, that providing prior notice 
and the opportunity for prior public comment would be contrary to the 
public interest. For these same reasons, under 5 U.S.C. 553(d)(3), the 
AA finds for good cause that a 30-day delay in the effective date of 
this interim rule would be contrary to the public interest.
    The President has directed Federal agencies to use plain language 
in their communications with the public, including regulations. To 
comply with this directive, we seek public comment

[[Page 36646]]

on any ambiguity or unnecessary complexity arising from the language 
used in this interim rule. Such comments should be directed to NMFS 
Southeast Regional Office (see ADDRESSES).

    Dated: June 2, 2000.
Bruce C. Morehead,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-14529 Filed 6-8-00; 8:45 am]
BILLING CODE 3510-22-F


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