Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 36643

prove to be misleading and is in need

of clarification.

Correction of Publication

Accordingly, the publication on May

12, 2000 of the final regulation, which

was the subject of FR Doc. 00–11410, is

corrected as follows:

§ 32.67 [Corrected]

1. On page 30793, in the first column,

amendatory instruction 44.e. is

corrected to read as follows:

e. Revising paragraphs A.6. and B.4.

of Umatilla National Wildlife Refuge to

read as follows:

Dated: June 1, 2000.

Leslie A. Marler,

Division of Refuges, Federal Register Liaison.

[FR Doc. 00–14202 Filed 6–8–00; 8:45 am]

BILLING CODE 4310–55–U

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.

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:

Roy.Crabtree@noaa.gov.

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–toOctober 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

36644 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

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 MayOctober 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 AugustOctober.

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

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations 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

36646 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Rules and Regulations

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000119014–0137–02; I.D.

060200A]

Fisheries of the Northeastern United

States; Black Sea Bass Fishery;

Commercial Quota Harvested for

Quarter 2 Period

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest for

Quarter 2 period.

SUMMARY: NMFS announces that the

black sea bass commercial quota

available in the Quarter 2 period to the

coastal states from Maine through North

Carolina has been harvested.

Commercial vessels may not land black

sea bass in the Northeast Region for the

remainder of the 2000 Quarter 2 quota

period (through June 30, 2000).

Regulations governing the black sea bass

fishery require publication of this

notification to advise the coastal states

from Maine through North Carolina that

the quota has been harvested and to

advise vessel permit holders and dealer

permit holders that no commercial

quota is available for landing black sea

bass in these states north of 35°15.3′

N.lat.

DATES: Effective June 9, 2000, 0001 hrs,

local time through June 30, 2000, 2400

hrs, local time.

FOR FURTHER INFORMATION CONTACT:

Jennifer L. Anderson, Fishery

Management Specialist, at (978) 281–

9226.

SUPPLEMENTARY INFORMATION:

Regulations governing the black sea bass

fishery are found at 50 CFR part 648.

The regulations require annual

specification of a commercial quota that

is allocated into four quota periods

based upon percentages of the annual

quota. The Quarter 2 commercial quota

(April through June) is distributed to the

coastal states from Maine through North

Carolina. The process to set the annual

commercial quota is described in

§ 648.140.

The initial total commercial quota for

black sea bass for the 2000 calendar year

was set equal to 3,024,742 lb (1,372,000

kg) (65 FR 33486, May 24, 2000). The

Quarter 2 period quota, which is equal

to 29.26 percent of the annual

commercial quota, was set at 885,040 lb

(401,447 kg).

Section 648.141 requires the Regional

Administrator, Northeast Region, NMFS

(Regional Administrator), to monitor the

commercial black sea bass quota for

each quota period that is based upon

dealer reports, state data, and other

available information to determine

when the commercial quota has been

harvested. NMFS is required to publish

a notification in the Federal Register

advising and notifying commercial

vessels and dealer permit holders that,

effective upon a specific date, the black

sea bass commercial quota has been

harvested and no commercial quota is

available for landing black sea bass for

the remainder of the Quarter 2 period,

north of 35°15.3′ N. lat. The Regional

Administrator has determined, based

upon dealer reports and other available

information, that the black sea bass

commercial quota for the 2000 Quarter

2 period has been harvested.

The regulations at § 648.4(b) provide

that Federal black sea bass moratorium

permit holders agree as a condition of

the permit not to land black sea bass in

any state after NMFS has published a

notification in the Federal Register

stating that the commercial quota for the

period has been harvested and that no

commercial quota for the black sea bass

is available. The Regional Administrator

has determined that the Quarter 2

period for black sea bass no longer has

commercial quota available. Therefore,

effective 0001 hrs local time, June 9,

2000, further landings of black sea bass

in coastal states from Maine through

North Carolina, north of 35°15.3′ N. lat.

by vessels holding commercial Federal

fisheries permits are prohibited through

June 30, 2000, 2400 hrs local time. The

Quarter 3 period for commercial black

sea bass harvest will open on July 1,

2000. Effective June 9, 2000, federally

permitted dealers are also advised that

they may not purchase black sea bass

from federally permitted black sea bass

moratorium permit holders that land in

coastal states from Maine through North

Carolina for the remainder of the

Quarter 2 period (through June 30,

2000).

The regulations at § 648.4(b) also

provide that, if the commercial black sea

bass quota for a period is harvested and

the coast is closed to the possession of

black sea bass north of 35°15.3′ N. lat.,

any vessel owners who hold valid

commercial permits for both the black

sea bass and the NMFS Southeast

Region Snapper-Grouper fisheries may

surrender their Black Sea Bass

moratorium permit by certified mail

addressed to the Regional Administrator

(see Table to § 600.502) and fish

pursuant to their Snapper-Grouper

permit, as long as fishing is conducted

exclusively in waters, and landings are

made, south of 35°15.3′ N. lat. A

moratorium permit for the black sea

bass fishery that is voluntarily

relinquished or surrendered will be

reissued upon the receipt of the vessel

owner’s written request after a

minimum period of 6 months from the

date of cancellation.

Classification

This action is required by 50 CFR part

648 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: June 5, 2000.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–14518 Filed 6–5–00; 4:17 pm]

BILLING CODE 3510–22–F