65056 Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Proposed Rules

compared using a random block design

and analysis of variance techniques.

Five survey tows at each of the six

designated sample areas will be

conducted once a month from January

through March and extended until June,

if necessary. Sample stations will be

limited to depths of less than 35

fathoms (19.13 m) within the project

sample area. Finfish bycatch during the

proposed winter sampling period is

expected to be low as determined by

previous finfish sampling surveys.

Smelt, winter flounder, and sticklebacks

are the species most likely to

concentrate in the nearshore areas.

Finfish bycatch will be documented and

then discarded after some commercial

finfish species stomach samples are

taken. Although the survey tows are

expected to collect limited numbers of

regulated species, some level of

entrapment may help assess the

effectiveness of bycatch reduction

devices and gear modifications. The

survey will also help to determine

population densities of both juvenile

and commercially harvested adult

Crangon, percent distribution within

samples areas, and seasonal distribution

patterns. All catches of Crangon will be

frozen and saved for processing trials.

Commercial sized Crangon will be

processed by facilities in Maine that

will handle the peeling, packaging,

cooking, and presentation of product

samples to foreign buyers to compare

with European Crangon market

products.

EFPs would be issued to the

participating vessels to exempt them

from the mesh size, minimum fish size,

and days-at-sea restrictions of the

Northeast Multispecies Fishery

Management Plan.

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

Dated: December 4, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–32338 Filed 12–9–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. ; I.D. 120497C]

RIN 0648–AK28

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Red

Snapper Minimum Size Limit

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).

This proposed rule would maintain the

current minimum size limit for red

snapper of 15 inches (38.1 cm), total

length (TL). Under the present

regulations, the minimum size limit

would increase to 16 inches (40.6 cm),

TL, on January 1, 1998. 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.

DATES: Written comments must be

received on or before December 29,

1997.

ADDRESSES: Comments on the proposed

rule must be sent to Peter Eldridge,

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 and a

regulatory impact review (RIR) 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:

Peter Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery in the Exclusive Economic

Zone 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 MagnusonStevens Fishery Conservation and

Management Act by regulations at 50

CFR part 622.

The Council has proposed an adjusted

management measure (a regulatory

amendment) for the Gulf red snapper

fishery for NMFS’ review, approval, and

implementation. This measure was

developed and submitted to NMFS

under the terms of the FMP’s framework

procedure for annual adjustments in

total allowable catch and related

measures for the red snapper fishery

(framework procedure). The proposed

rule would implement the measure

contained in the Council’s regulatory

amendment.

Red Snapper Minimum Size Limit

The red snapper resource in the Gulf

of Mexico is overfished and is currently

under a management program to restore

the stock to a threshold level of 20–

percent spawning potential (SPR) by the

year 2019. Amendment 5 to the FMP

established a gradual increase in the

recreational and commercial minimum

size limit for red snapper, from 13

inches (33.0 cm), TL, to 14 inches (35.6

cm), TL, in 1994, 15 inches (38.1 cm),

TL, in 1996, and 16 inches (40.6 cm),

TL, in 1998. Amendment 5 noted that

this action would increase the yield-perrecruit obtained from the fishery

provided that the potential gains were

not negated from additional release

mortality of undersized fish.

The 1997 red snapper stock

assessment evaluated the impact of

increases in the minimum size through

a series of simulations. The assessment

concluded that under the constant catch

scenario, as presently implemented, an

increase in minimum size limit from 15

inches (38.1 cm) to 16 inches (40.6 cm),

TL, would have little, if any, effect on

the SPR value in the year 2019 because

of the associated discard mortality.

Therefore, it would not contribute to

rebuilding the resource. The assessment

indicated that as minimum size

increases, the portion of the stock that

is available to contribute to the yield

decreases. Consequently, in these

simulations, fishermen would have to

fish harder to produce the same yield.

This simulated increase in effort in turn

would result in more fish being released

and, thus, subject to release mortality.

The Reef Fish Stock Assessment Panel

reviewed the 1997 assessment and

concurred with the conclusion that

increasing the minimum size from 15

inches (38.1 cm) to 16 inches (40.6 cm),

TL, would not be expected to result in

biological benefits.

Testimony, to date, from recreational

and commercial fishermen has

indicated serious concern about

additional discard mortality if the
Federal Register / Vol. 62, No. 237 / Wednesday, December 10, 1997 / Proposed Rules 65057

minimum size limit is increased to 16

inches (40.6 cm), TL. Some fishermen

have reported that the increase in

minimum size would force them to fish

further offshore, where discard

mortality would be higher because of

greater depth. In addition, fishing

further offshore would increase fishing

costs.

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 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 proposed action to maintain the

current size limit for red snapper in the Gulf

of Mexico will not decrease commercial

vessel and for-hire revenues. Without this

action the size limit would increase on

January 1, 1998, with possible decreases in

commercial vessel and for-hire revenues.

Since no additional permits or gear

modifications are required, there will be no

public burden to comply. Since all the

impacted firms are small, there is no

differential impact. Because the proposed

action does not affect a major change in the

commercial or the for-hire sector, no

additional capital costs are required.

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.

Dated: December 5, 1997.

Gary C. Matlock,

Acting 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 § 622.37, paragraph (d)(3) is

revised to read as follows:

§ 622.37 Minimum sizes.

* * * * *

(d) * * *

(3) Red snapper—15 inches (38.1 cm),

TL.

* * * * *

[FR Doc. 97–32370 Filed 12-5-97; 4:18 pm]

BILLING CODE 3510–22–F