[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Rules and Regulations]
[Pages 47765-47766]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24163]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970804190-7190-01; I.D. 070997A]
RIN: 0648-AJ89


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Size Limit

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

ACTION: Interim rule with request for comments.

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SUMMARY: This rule increases the minimum size limit for vermilion 
snapper. The intended effect is to reduce overfishing of vermilion 
snapper in the Gulf of Mexico.

DATES: This rule is effective September 14, 1997 through March 10, 
1998. Comments must be received not later than October 14, 1997.

ADDRESSES: Comments on this interim rule must be mailed to, and copies 
of documents supporting this action may be obtained from, the Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 813-570-5305.

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 Gulf 
of Mexico Fishery Management Council (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.
    The Council, by non-unanimous vote, requested that NMFS issue this 
interim rule to increase the vermilion snapper minimum size limit from 
8 to 10 inches (20.3 to 25.4 cm) total length, pending NMFS' review and 
approval of Amendment 15 to the FMP. Amendment 15 contains a 10-inch 
minimum size limit and additional details regarding such limit. This 
size limit responds to the 1996 vermilion snapper stock assessment, the 
1997 Addendum to that assessment, and the 1996 and 1997 Reef Fish Stock 
Assessment Panel (RFSAP) Reports. In those documents, scientists 
concluded

[[Page 47766]]

that the vermilion snapper resource, while not currently overfished, is 
undergoing overfishing based on decreasing trends in overall catch, 
mean size of individual fish, catch-per-unit-effort, and estimated 
numbers of age-1 fish in the population. The Council recommended 
implementation of the minimum size limit increase as an interim measure 
to help reduce overfishing in the short term and mitigate the need for 
more severe vermilion snapper management measures to reduce fishing 
mortality in the future. The 10-inch minimum size limit would reduce 
fishing mortality, increase yield per recruit, increase the vermilion 
snapper spawning potential ratio, and thereby improve the status of the 
resource while the Council develops corrective, long-term action (i.e, 
through FMP amendment).
    The RFSAP suggested that a 10-inch minimum size limit would be an 
effective intermediate measure until a new stock assessment and 
additional analysis could be completed. The Council, in its discussion 
of the interim rule request, recognized that additional management 
measures may be needed to prevent overfishing on a long-term basis.
    The NMFS Southeast Fisheries Science Center has determined that the 
Council's request is based on the best available scientific 
information. Given the determination of overfishing, this request for 
an interim measure is consistent with section 305(c) of the Magnuson-
Stevens Act.
    NMFS concurs with the Council's finding regarding the need to 
reduce overfishing of vermilion snapper in the Gulf of Mexico and the 
need for immediate regulatory action. Accordingly, NMFS issues this 
interim rule, effective for 180 days, as authorized by section 305(c) 
of the Magnuson-Stevens Act. This interim rule may be extended for an 
additional 180 days provided that the public has had an opportunity to 
comment on the interim rule and, at the time of extension, the Council 
is actively preparing a plan amendment or proposed regulations to 
address the overfishing on a permanent basis. Public comments on this 
interim rule will be considered in determining whether to maintain or 
extend this rule to address overfishing of vermilion snapper. Responses 
to comments will be provided if the interim rule is revoked, modified, 
or extended.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this rule is necessary to reduce overfishing of 
vermilion snapper in the Gulf of Mexico and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    A delay in action to reduce overfishing increases the likelihood of 
a loss of long-term productivity of vermilion snapper in the Gulf of 
Mexico and increases the probable need for more severe restrictions in 
the future. The public is aware of this increased minimum size limit 
and has had an initial opportunity to comment on it at Council meetings 
and at hearings conducted on Amendment 15. Accordingly, pursuant to 
authority set forth at 5 U.S.C. 553(b)(B), the AA finds that these 
reasons constitute good cause to waive the requirement to provide prior 
notice and the opportunity for prior public comment, as such procedures 
would be contrary to the public interest. Similarly, the need to 
implement these measures in a timely manner to address the overfishing 
of vermilion snapper constitutes good cause under 5 U.S.C. 553(d)(3) to 
waive the 30-day delay in effectiveness. However, to provide sufficient 
notification of the increased minimum size limit for vermilion snapper, 
particularly to vessels that may be at sea, NMFS makes this rule 
effective September 14, 1997.
    This interim rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because prior notice and an opportunity for public comment are not 
required to be provided for this rule by U.S.C. Sec. 553, or any other 
law, the analytical requirements of the Regulatory Flexibility Act, 5 
U.S.C. Sec. 601 et seq., are inapplicable.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: September 5, 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 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. 622.37, paragraph (d)(1) is revised and paragraph (d)(6) 
is added to read as follows:


Sec. 622.37  Minimum sizes.

* * * * *
    (d) Gulf reef fish. (1) Black sea bass and lane snapper--8 inches 
(20.3 cm), TL.
* * * * *
    (6) Vermilion snapper--10 inches (25.4 cm), TL.
* * * * *
[FR Doc. 97-24163 Filed 9-10-97; 8:45 am]
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