[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Proposed Rules]
[Pages 36656-36660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14525]


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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.

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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 two-thirds 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: <a href="/cdn-cgi/l/email-protection#2344564f450d404c564d404a4f634d4c42420d444c55"><span class="__cf_email__" data-cfemail="4027352c266e232f352e23292c002e2f21216e272f36">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: <a href="/cdn-cgi/l/email-protection#84d6ebfdaac7f6e5e6f0f6e1e1c4eaebe5e5aae3ebf2"><span class="__cf_email__" data-cfemail="7e2c1107503d0c1f1c0a0c1b1b3e10111f1f50191108">[email protected]</span></a>.

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 for-hire 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 Magnuson-Stevens 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;

[[Page 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 January-March 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,

[[Page 36658]]

1999) implemented the current 0-fish bag limit for captain and crew. 
The for-hire 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 Magnuson-Stevens 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.

[[Page 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 Sec. 622.34, paragraph (n) is removed; the suspension of 
paragraph (l) is lifted; and paragraphs (l) and (m) are revised to read 
as follows:


Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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:


Sec. 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 Sec. 622.39(b)(1)(iii) and 
15 inches (38.1

[[Page 36660]]

cm), TL, for a fish taken by a person not subject to the bag limit.
* * * * *
    4. In Sec. 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:


Sec. 622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Red snapper--4.
* * * * *
    5. In Sec. 622.42, paragraphs (a)(1)(i)(A) and (a)(1)(i)(B) are 
revised to read as follows:


Sec. 622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) * * *
    (A) Two-thirds of the quota specified in Sec. 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 Secs. 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 Secs. 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


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