[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Proposed Rules]
[Pages 42478-42480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20772]


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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.

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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 Magnuson-Stevens 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

[[Page 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 Magnuson-Stevens 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 for-hire 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 for-hire 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.


[[Page 42480]]


    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 Sec. 622.34, paragraph (l) is revised to read as follows:


Sec. 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 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), 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 Sec. 622.43(a)(1). All times are 
local times.
    3. In Sec. 622.42, paragraph (a) is revised to read as follows:


Sec. 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 Sec. 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 Secs. 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 Sec. 622.43, paragraph (a)(1) is revised to read as follows:


Sec. 622.43  Closures.

    (a) * * *
    (1) Gulf reef fish--(i) Commercial quotas. The bag and possession 
limits specified in Sec. 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 Sec. 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