42478 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

predictable effect on that individual’s

financial interest. The determination

will be based upon a review of the

information contained in the

individual’s financial disclosure form

and any other reliable and probative

information provided in writing. All

information considered will be made

part of the public record for the

decision. The affected individual may

request a determination by notifying the

designated official—

(i) Within a reasonable time before the

Council meeting at which the Council

decision will be made; or

(ii) During a Council meeting before a

Council vote on the decision.

(2) The designated official may

initiate a determination on the basis

of—

(i) His or her knowledge of the fishery

and the financial interests disclosed by

an affected individual; or

(ii) Written and signed information

received within a reasonable time before

a Council meeting or, if the issue could

not have been anticipated before the

meeting, during a Council meeting

before a Council vote on the decision.

(3) At the beginning of each Council

meeting, or during a Council meeting at

any time reliable and probative

information is received, the designated

official shall announce the receipt of

information relevant to a determination

concerning recusal, the nature of that

information, and the identity of the

submitter of such information.

(4) If the designated official

determines that the affected individual

may not vote, the individual may state

for the record how he or she would have

voted. However, a reversal of that

determination under paragraph (g) of

this section may not be treated as cause

for invalidation or reconsideration of

the Council’s decision.

(g) Review of determinations. (1) Any

Council member may file a written

request to the NOAA General Counsel

for review of the designated official’s

determination. A request for review

must be received within 10 days of the

determination.

(2) A request must include a full

statement in support of the review,

including a concise statement as to why

the Council’s decision did or did not

have a significantly disproportionate

benefit to the financial interest of the

affected individual relative to the

financial interests of other participants

in the same gear type or sector of the

fishery, and why the designated

official’s determination should be

reversed.

(3) If the request for review is from a

Council member other than the affected

individual whose vote is at issue, the

requester must provide a copy of the

request to the affected individual at the

same time it is submitted to the NOAA

General Counsel. The affected

individual may submit a response to the

NOAA General Counsel within 10 days

from the date of his/her receipt of the

request for review.

(4) The NOAA General Counsel must

complete the review and issue a

decision within 30 days from the date

of receipt of the request for review. The

NOAA General Counsel will limit the

review to the record before the

designated official at the time of the

determination, the request, and any

response.

(h) Exemption from other statutes.

The provisions of 18 U.S.C. 208,

regarding conflicts of interest, do not

apply to an affected individual who is

in compliance with the requirements of

this section for filing a financial

disclosure report.

(i) Violations and penalties. It is

unlawful for an affected individual to

knowingly and willfully fail to disclose,

or to falsely disclose, any financial

interest as required by this section, or to

knowingly vote on a Council decision in

violation of this section. In addition to

the penalties applicable under

§ 600.735, a violation of this provision

may result in removal of the affected

individual from Council membership.

[FR Doc. 97–20851 Filed 8–6–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 970730185–7185–01; I.D.

070797B]

RIN 0648–AJ13

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 issues this proposed

rule to implement the 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).

For the red snapper fishery in the Gulf

of Mexico Exclusive Economic Zone

(EEZ), the regulatory amendment

would: Change the opening date for the

1997 fall commercial fishing season

from September 15 to September 2;

restrict the harvest of red snapper

during the 1997 fall commercial season

to an initial period of September 2 to

September 15 and, thereafter, to a

monthly period from the first to the 15th

of each month until the commercial

fishery is closed (all openings and

closings would be at noon on the date

indicated); establish a recreational

fishery quota; and authorize the

Regional Administrator, Southeast

Region, NMFS, to close the recreational

fishery for red snapper in the EEZ when

the recreational quota is reached or is

projected to be reached. The intended

effect of this proposed rule is to

maximize the economic benefits from

the red snapper resource within the

constraints of the rebuilding program for

this overfished resource and to comply

with a requirement of the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act) that separate recreational and

commercial fishing quotas be

established for Gulf red snapper that

result in fishery closures when quotas

are taken.

DATES: Written comments must be

received on or before August 22, 1997.

ADDRESSES: Comments on the proposed

rule must be sent to Robert Sadler,

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702.

Requests for copies of the framework

regulatory amendment, which includes

an environmental assessment, a

regulatory impact review (RIR), and an

addendum, 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.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery in the 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 Act by

regulations at 50 CFR part 622.

The Council has proposed adjusted

management measures (a regulatory

amendment) for the Gulf red snapper

fishery for NMFS’ review, approval, and

implementation. These measures were

developed and submitted to NMFS

under the terms of the FMP’s framework

procedure for annual adjustments in
Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules 42479

total allowable catch and related

measures for the red snapper fishery

(framework procedure). The proposed

rule would implement the measures

contained in the Council’s regulatory

amendment.

Red Snapper Total Allowable Catch

(TAC)

The Council proposed no change to

the current red snapper TAC of 9.12

million lb (m lb) (4.14 million kg (4.14

m kg)). This TAC is consistent with the

provisions of the red snapper stock

rebuilding program, provided: That Gulf

shrimping effort, which results in the

mortality of juvenile red snapper,

remains relatively constant; and that a

minimum of an additional 33 percent

reduction in the mortality of juvenile

red snapper in shrimp trawl bycatch is

achieved in 1997 followed by a 44

percent reduction each year thereafter.

The Council has addressed this bycatch

reduction objective in Amendment 9 to

the Fishery Management Plan for the

Shrimp Fishery of the Gulf of Mexico

that would, if approved and

implemented, require bycatch reduction

devices in virtually all shrimp trawls

used in the EEZ. However, given the

earliest possible implementation time

for Amendment 9, assuming its

approval by NMFS, it is unlikely that

the necessary 33 percent additional

bycatch reduction for 1997 will be

achieved. The Council and NMFS will

have to consider necessary and

appropriate management actions in

subsequent years to ensure that the

current red snapper stock rebuilding

program is not compromised (e.g.,

appropriate adjustments in the red

snapper TAC).

Proposed Management Measures

Associated with Red Snapper TAC

The Council proposes that the 1997

fall commercial red snapper season

begin on September 2, instead of

September 15, to allow the fishery to

begin at a time with traditionally better

weather, thereby minimizing potential

adverse impacts on fishing operations,

particularly those of smaller vessels.

September 2 was chosen instead of an

earlier date to avoid recreational/

commercial fishery conflicts during the

Labor Day weekend when there is

customarily a greater than usual number

of weekend recreational fishery

participants. Opening and closing the

1997 commercial season during daylight

hours (noon instead of 12:01 a.m., local

time) is expected to aid law enforcement

activities and improve fishermen’s

compliance with regulations. The

Council believes that allowing

commercial harvest only during the first

15 days of each month would help to

extend the fishing season and thereby

provide market benefits outweighing the

increased administrative costs and short

periods of derby-style fishing associated

with the additional fishery openings

and closings.

Section 407(d) of the MagnusonStevens Act requires that the FMP

establish a red snapper quota for the

recreational fishery that, when reached,

results in a prohibition on the retention

of red snapper caught during

recreational fishing. The proposed rule

would establish a recreational quota of

4.47 m lb (2.03 m kg), the same amount

as the current recreational allocation

under the TAC. The proposed

mechanism for future closure of the

recreational red snapper fishery upon

reaching its quota complies with section

407(d). This fishery closure provision

should avoid a recreational fishery

harvest in excess of its quota and

thereby contribute to recovery of the

overfished red snapper resource.

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce, based on the

Council’s regulatory impact review

(RIR) that assesses the economic

impacts of the management measures

proposed in this rule on fishery

participants, certified to the Chief

Counsel for Advocacy of the Small

Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities as

follows:

The RIR indicates that the provision for

closure of the recreational fishery for red

snapper when its quota is taken may have

adverse economic effects, although not

significant for purposes of the Regulatory

Flexibility Act (RFA), on a portion of the

firms that own and operate fishing vessels for

reef fish on a for-hire basis (charter vessels

and headboats). All such firms are

considered small entities for purposes of the

RFA. If a closure of the recreational fishery

for red snapper occurs, these firms may

experience revenue losses since customer

demand in the for-hire sector of the

recreational fishery is based significantly

upon the expectation of catching and

retaining red snapper. During a closure of the

red snapper recreational fishery, some

customers may not be willing to forgo the

catch of red snapper in favor of other species

that might be caught on a given vessel and

trip. The possible effects of a fishery closure

include a reduction in the number of

customers, a reduction in the price that may

be charged for a trip, and the need for vessels

to move to different fishing locations that

offer an acceptable level of substitute species.

The for-hire sector of the recreational reef

fish fishery includes an estimated 920 small

entities—838 charter fishing vessels and 82

headboat vessels. Of these entities, 26

headboats operating in Texas and Louisiana

(about 2.6 percent of the total number of forhire vessels) are heavily dependent on red

snapper. Under a closed red snapper

recreational fishery, these particular entities

may incur significant negative economic

impacts if there are no reasonable substitute

species for their customers to catch and

retain. Only a very small fraction of these

vessels (less than 2 percent), if any, would be

expected to cease business operations as a

result of a red snapper fishery closure. There

will always be some period when the

recreational fishery for red snapper is open,

substitute species may be sufficiently

attractive to customers to maintain business

operations during the red snapper closure,

and some vessels may be able to move their

red snapper fishing operations to open areas

such as the South Atlantic. The remaining 56

headboats and all the charter vessels are less

dependent on red snapper catches because of

the availability of other species or because

red snapper do not occur in their fishing

areas. In summary, a recreational red snapper

fishery closure would affect only about 3

percent or less of the for-hire small

businesses to a significant degree.

It is not expected that any of the other

agency criteria for determining significant

impacts for purposes of the RFA would be

met for small entities engaged in the

recreational red snapper fishery. In

conclusion, a substantial number of the forhire vessels would not be significantly

affected by the provision for a closure of the

red snapper recreational fishery.

Regarding the commercial red snapper

fishery, the proposal to open the fishing

season approximately 15 days/month

consecutively and then close the season for

the balance of the month is expected to have

a negative effect on revenues for the

estimated 1,818 small entities engaged in this

fishery. However, since only 28 percent of

the annual commercial quota is available for

the fall season, prices would have to fall

more than 18 percent if annual gross

revenues were to fall by 5 percent. Price

changes of this magnitude are not expected.

Therefore, changes in annual gross revenues

are not expected to reach the 5 percent

threshold for significance. No new annual

compliance costs or significant additional

capital costs are associated with the rule and

less than 2 percent, if any, of the small

entities are expected to cease business

operations. It is not expected that any of the

other agency criteria for significance would

be met for small businesses engaged in the

commercial red snapper fishery.

As a result, a regulatory flexibility

analysis was not prepared.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.
42480 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Proposed Rules

Dated: July 30, 1997.

David L. Evans,

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 (l) is revised

to read as follows:

§ 622.34 Gulf EEZ seasonal and/or area

closures.

* * * * *

(l) 1997 closures of the commercial

fishery for red snapper. During 1997, the

possession of red snapper in or from the

Gulf EEZ and 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), from noon on

September 15 to noon on October 1, and

thereafter from noon on the 15th of each

month to noon on the first of each

succeeding month until the commercial

red snapper season is closed in

accordance with § 622.43(a)(1). All

times are local times.

3. In § 622.42, paragraph (a) is revised

to read as follows:

§ 622.42 Quotas.

* * * * *

(a) Gulf reef fish—(1) Commercial

quotas. The following quotas apply to

persons who fish under commercial

vessel permits for Gulf reef fish, as

required under § 622.4(a)(2)(v).

(i) Red snapper—4.65 million lb (2.11

million kg), round weight, apportioned

in 1997 as follows:

(A) 3.06 million lb (1.39 million kg)

available February 1, 1997.

(B) The remainder available at noon

on September 2, 1997, subject to the

closure provisions of §§ 622.34(l) and

622.43(a)(1)(i).

(ii) Deep-water groupers (i.e.,

yellowedge grouper, misty grouper,

warsaw grouper, snowy grouper, and

speckled hind), and, after the quota for

shallow-water grouper is reached,

scamp, combined—1.60 million lb (0.73

million kg), round weight.

(iii) Shallow-water groupers (i.e., all

groupers other than deep-water

groupers, jewfish, and Nassau grouper),

including scamp before the quota for

shallow-water groupers is reached,

combined—9.80 million lb (4.45 million

kg), round weight.

(2) Recreational quota for red

snapper. The following quota applies to

persons who harvest red snapper other

than under commercial vessel permits

for Gulf reef fish and the commercial

quota specified in paragraph (a)(1)(i) of

this section—4.47 million lb (2.03

million kg), round weight.

* * * * *

4. In § 622.43, paragraph (a)(1) is

revised to read as follows:

§ 622.43 Closures.

(a) * * *

(1) Gulf reef fish—(i) Commercial

quotas. The bag and possession limits

specified in § 622.39(b) apply to all

harvest or possession in or from the Gulf

EEZ of the indicated species, and the

sale or purchase of the indicated species

taken from the Gulf EEZ is prohibited.

In addition, the bag and possession

limits for red snapper apply 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. However, the bag and

possession limits for red snapper apply

only when the recreational quota for red

snapper has not been reached and the

bag and possession limit has not been

reduced to zero under paragraph

(a)(1)(ii) of this section.

(ii) Recreational quota for red

snapper. The bag and possession limit

for red snapper in or from the Gulf EEZ

is zero.

* * * * *

[FR Doc. 97–20772 Filed 8–6–97; 8:45 am]

BILLING CODE 3510–22–F