[Federal Register Volume 62, Number 237 (Wednesday, December 10, 1997)]
[Proposed Rules]
[Pages 65056-65057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32370]


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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.

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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). 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 Magnuson-Stevens 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-per-recruit 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

[[Page 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 Sec. 622.37, paragraph (d)(3) is revised to read as follows:


Sec. 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