53142 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

Dated: August 17, 2005. 

Marvin E. Moriarty, 

Regional Director, Region 5. 

[FR Doc. 05–17672 Filed 9–6–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[I.D. 050405E] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Petition 

for Emergency Rulemaking for Red 

Snapper 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Denial of a petition for 

emergency rulemaking. 

SUMMARY: NMFS announces its decision 

to deny a petition for emergency or 

interim rulemaking under the 

Administrative Procedure Act (APA) 

and Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). The Coastal 

Conservation Association (CCA), a 

marine conservation group composed of 

approximately 90,000 members, 

petitioned the U.S. Department of 

Commerce to immediately promulgate 

an emergency or interim rule under the 

Magnuson-Stevens Act to prevent 

overfishing of red snapper resulting 

from bycatch in the shrimp trawl fishery 

of the Gulf of Mexico. NMFS finds the 

emergency or interim rulemaking is not 

warranted, and additional management 

measures to end overfishing of red 

snapper would better be addressed 

through a Gulf of Mexico Fishery 

Management Council (Council) 

regulatory amendment and development 

of a fishery management plan (FMP) 

amendment. 

ADDRESSES: Copies of the NMFS 

decision on the CCA petition are 

available from Phil Steele, NMFS, 

Southeast Regional Office, 263 13th 

Avenue South, St. Petersburg, FL 33701; 

telephone: 727–824–5305, and via 

internet at: http://sero.nmfs.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Phil 

Steele, Fishery Administrator, NMFS, 

Southeast Regional Office; telephone: 

727–824–5305; e-mail: 

phil.steele@noaa.gov. 

SUPPLEMENTARY INFORMATION: CCA filed 

a petition for emergency or interim 

rulemaking on March 29, 2005. NMFS 

published a notice of receipt of petition 

for rulemaking on May 12, 2005 (70 FR 

39700), and invited public comments 

for 60 days ending July 11, 2005. 

Summaries of and responses to 

comments are provided in the Response 

to Public Comments section below. 

The Petition 

The petition filed by CCA states the 

red snapper stock in the Gulf of Mexico 

is overfished and undergoing 

overfishing. Although the petition 

acknowledges the directed red snapper 

commercial and recreational sectors 

share responsibility for rebuilding the 

stock, it asserts the failure of bycatch 

reduction devices (BRDs) required in 

the commercial shrimp fishery to meet 

established bycatch reduction standards 

makes recovery of the Gulf red snapper 

fishery unlikely and ensures years of 

continued overfishing of this stock. The 

petition states the directed recreational 

and commercial red snapper sectors 

have already adopted many measures 

necessary to rebuild the stock. The 

petition seeks emergency regulations or 

interim measures to stop the overfishing 

resulting from excessive bycatch of 

juvenile red snapper in the Gulf shrimp 

fishery. The petition also suggests 

management measures such as bag 

limits and total allowable catch 

restrictions would be applicable to the 

directed red snapper fishery. 

The CCA petition states the 

prevention of overfishing and recovery 

of the red snapper stock is predicated on 

at least a 44–percent reduction from the 

average level of bycatch mortality on 

juvenile red snapper, age 0 and age 1, 

by the Gulf shrimp fishery during the 

years 1984–1989. Further, because 

recent research indicates current BRD 

use, in practice, yields only a 12–

percent bycatch reduction, CCA argues 

that the existing plan for preventing 

overfishing and rebuilding the red 

snapper stock must be declared a 

failure. CCA asserts the fisheries 

regulatory establishment is plainly 

aware of red snapper overfishing by the 

shrimp trawl fishery, but has failed to 

take corrective action. The petition 

requests NMFS immediately initiate 

emergency regulations or interim 

measures resulting in bycatch reduction 

sufficient to allow the red snapper stock 

to rebuild within the time period 

established in the Reef Fish Fishery 

Management Plan (Reef Fish FMP). The 

petition states such bycatch reduction 

measures should include strict bycatch 

quotas tracked by observer data, time 

and area closures or restrictions, 

improved BRDs, season limitations, 

seasonal closures, and/or other 

reduction measures. In addition, the 

petition states a firm bycatch reduction 

target of 60–80 percent of historic levels 

should be set, with a time line to 

achieve the target within the shortest 

period possible. The petition also 

proposes a mandated effort reduction 

program for the Gulf shrimp fleet. 

History of NMFS and Council Efforts to 

Reduce Bycatch in the Shrimp Fishery 

Efforts to rebuild the red snapper 

stock are complicated by significant 

amounts of bycatch in the shrimp 

fishery. Ending overfishing and 

allowing the stock to rebuild cannot 

occur through regulations on the 

directed red snapper fishery alone. The 

shrimp fishery annually removes 25 to 

45 million juvenile red snapper 

(approximately 2–5 million lb (0.9–2.3 

million kg)), primarily from the western 

Gulf, whereas the directed fishery 

removes approximately 4 million adult 

fish (approximately 9 million lb (4.1 

million kg)) annually. The success of the 

red snapper rebuilding plan depends 

heavily on reductions in shrimp trawl 

bycatch. 

The Council recognized the inherent 

need to reduce red snapper bycatch in 

the shrimp fishery in 1997 when they 

approved Amendment 9 to the Shrimp 

Fishery Management Plan (Shrimp 

FMP). The purpose of this amendment 

was to reduce unwanted bycatch of 

juvenile red snapper in the shrimp 

fishery and, to the extent practicable, 

not adversely affect the shrimp fishery. 

Because of substantial fishing mortality 

on juvenile red snapper and the need to 

rebuild the overfished stock, the 

Council considered development and 

use of BRDs and other management 

measures to reduce bycatch. The 

Council approved a goal for reducing 

red snapper bycatch by 44 percent from 

the average annual mortality of age–0 

and age–1 red snapper during 1984–

1989. Upon approval of Amendment 9, 

the fisheye BRD and Andrews Turtle 

Excluder Device (Andrews TED) were 

the only two devices determined to be 

capable of reducing bycatch by the 

required amount; however, the Andrews 

TED was proposed to be certified as a 

BRD only during a time when and in a 

geographical area where it is an 

approved TED. On December 19, 1997, 

approval of the Andrews TED, as a TED, 

was withdrawn; therefore, the Andrews 

TED was not certified as a BRD in the 

final rule implementing Amendment 9. 

However, the framework procedure 

approved by the Council in Amendment 

9 allowed for additional BRDs to be 

certified by NMFS. Cooperative 

industry/government research available 

in 1997 indicated the approved BRDs 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53143 

would reduce red snapper bycatch by 58 

to 77 percent. 

In 1998, an intensive monitoring 

effort quantified the effectiveness of the 

mandatory use of certified BRDs and 

evaluated the effectiveness of 

uncertified BRDs. The study found there 

were performance problems with the 

fisheye BRD in some configurations, and 

regulations were amended to modify the 

allowable placement of the fisheye BRD 

to improve performance and bycatch 

reduction. In 1999, BRD testing and 

certification procedures were 

established, and two new BRDs, the 

Jones-Davis BRD and ‘‘Gulf’’ fisheye 

BRD, were certified by NMFS after 

determining they exceeded the bycatch 

reduction goal. Available data in 1999 

indicated these BRDs reduced red 

snapper mortality by 52 to 70 percent. 

Monitoring the performance of BRDs 

in the fishery continued through an 

observer program from 1999 to 2003, 

during which time the Council began 

development of a regulatory 

amendment, and subsequently 

Amendment 22 to the Reef Fish FMP. 

The Council submitted a rebuilding 

plan to NMFS through a regulatory 

amendment in 2001. This amendment 

was returned to the Council by NMFS 

with a request to further explore 

alternative rebuilding plans based on 

realistic expectations for future 

reductions in shrimp trawl bycatch, and 

to more fully evaluate the effects of 

alternatives to reduce bycatch through a 

supplemental environmental impact 

statement. In 2004, the Council 

approved Amendment 22, which 

established a rebuilding plan for red 

snapper based on the results of the 1999 

stock assessment. The rebuilding plan 

was projected to end overfishing by 

2009 or 2010, and rebuild the stock by 

2032. The amendment called for large 

reductions in bycatch mortality from the 

shrimp fishery to be achieved either 

through technological means, such as 

improved BRD designs, and/or 

reductions in shrimp fishing effort. The 

selected rebuilding plan recognized the 

need for periodic reviews of the stock 

status to ensure the rebuilding plan was 

adequately progressing toward the 

rebuilding goal. Review of the plan was 

designed to incorporate new 

information and to address 

unanticipated developments in the red 

snapper and shrimp fisheries, and to 

make appropriate adjustments in red 

snapper regulations should insufficient 

or unexpectedly rapid rebuilding 

progress occur. 

In May 2004, the Council was 

presented with the results of the 

ongoing BRD observer study mentioned 

above. This study indicated BRDs, 

under actual fishing conditions, were 

reducing red snapper bycatch by 11.7 

percent, which was far less than 

previously documented during research 

trials. The study noted several changes 

in fishing practices and gear 

characteristics (e.g., increased haulback 

speeds, illegal BRD placement) reduced 

the performance of the fisheye BRD, the 

most commonly used BRD in the shrimp 

fishery. Results from a majority of trips 

where observers were aboard revealed 

BRDs were often placed in illegal net 

positions, resulting in poor BRD 

performance. However, BRD 

performance also was noted to be poor 

for legal installations due largely to 

alterations in fishing practices. 

The results of this BRD observer study 

were incorporated into the 2005 red 

snapper stock assessment, which 

concluded red snapper continued to be 

overfished and undergoing overfishing. 

The conclusions of the assessment were 

consistent with previous assessments 

despite changes in stock status criteria 

and assessment methods. The Southeast 

Data, Assessment, and Review (SEDAR) 

Assessment Review Panel concluded 

red snapper fishing mortality rates are 

too high for both the directed fishery 

and shrimp fishery, and reductions in 

fishing mortality for both sectors would 

be needed to rebuild the stock. 

Response to Assertions and Proposed 

Management Measures Set Forth in the 

Petition 

NMFS disagrees with CCA’s assertion 

that management has failed to take 

action to address the problem of shrimp 

trawl bycatch of red snapper. As new 

information and research have become 

available, NMFS and the Council have 

taken corrective action to improve BRD 

performance and reduce shrimp trawl 

bycatch. Changes in both fishing 

practices and gear characteristics have 

significantly reduced the overall 

performance of BRDs relative to bycatch 

reduction rates previously documented 

during field trials. NMFS recognizes the 

success of the rebuilding plan is heavily 

dependent on reductions in shrimp 

trawl bycatch and effort. Amendment 22 

acknowledged additional reductions in 

bycatch may be required in the future if 

reductions are not adequate through 

technological improvements. The 

Council also specified a periodic review 

of the rebuilding plan in order to make 

appropriate adjustments in red snapper 

regulations when new information, such 

as the most recent stock assessment and 

BRD performance research, became 

available. 

NMFS agrees with CCA’s assertion 

that existing certified BRDs are now not 

achieving established reduction 

standards and additional reductions in 

shrimp trawl bycatch are needed to 

rebuild the stock. The rebuilding plan 

calls for large reductions in shrimp 

effort to occur through technological 

means and reductions in shrimp effort. 

Current BRD observer studies indicate 

only a 12–percent reduction in red 

snapper bycatch is occurring, which is 

well below the reduction needed to 

rebuild the stock. However, as indicated 

in Amendment 22 to the Reef Fish FMP, 

reductions in shrimp trawl bycatch are 

occurring as a result of reduced fishing 

effort associated with adverse economic 

conditions in the shrimp fishery 

resulting from increased competition 

from shrimp imports and rising fuel 

costs. Future declines in shrimp effort 

are predicted for large shrimp vessels 

(greater than or equal to 60 ft (18.3 m) 

in length). Such declines are likely to 

increase the rate of red snapper stock 

rebuilding and reduce fishing related 

bycatch in the early years of the 

rebuilding plan, aside from any 

management actions to reduce harvest. 

Since 2002, an 18–percent decrease in 

shrimp effort has occurred. Shrimp 

effort has decreased by 26–percent since 

the late 1980s, resulting in lower fishing 

mortality rates on juvenile red snapper 

in more recent years. 

Based on the most recent stock 

assessment, fishing mortality rates in all 

sectors of the fishery are too high, and 

the Council will need to consider 

reducing fishing mortality rates to 

rebuild the stock. As explained in the 

Agency Decision section of this notice, 

NMFS believes actions to revise the red 

snapper rebuilding plan and reduce 

shrimp trawl bycatch are best addressed 

through Council regulatory amendment 

and FMP amendment, rather than 

emergency rule. The Council directed 

staff during their August 2005 Council 

meeting to begin immediately working 

on a regulatory amendment to modify 

certification procedures and protocols 

for BRDs, including decertification of 

ineffective BRDs and certification of 

new BRDs capable of achieving 

necessary reductions in finfish bycatch. 

The Council also directed staff to begin 

developing a joint reef fish/shrimp plan 

amendment that revises the red snapper 

rebuilding plan and addresses bycatch 

in both the directed red snapper fishery 

and shrimp fishery. NMFS agrees many 

of the measures proposed by CCA to 

address shrimp trawl bycatch should be 

considered in the plan amendment. 

NMFS and the Council have already 

begun to address effort limitation in the 

shrimp fishery and monitoring of 

shrimp bycatch. In May 2005, the 

Council approved Amendment 13 to the 

Shrimp FMP. This amendment, if 

53144 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

approved by NMFS, would establish a 

moratorium on shrimp licenses and 

allow for closer monitoring of the 

shrimp fishery in two ways. First, 

electronic logbook reporting, which 

tracks fishing effort (number of trips, 

length of trips, locations, etc.), would be 

required for commercial shrimp vessel 

permit holders. Second, the observer 

program would include bycatch 

reporting which will produce estimates 

of total annual finfish and invertebrate 

bycatch. The Council believes these 

actions will provide the best 

information to track effort and evaluate 

bycatch and modified BRD performance 

without unduly interfering with shrimp 

fishery operations. NMFS expects that 

Amendment 13, if approved, would be 

implemented early in 2006. The level of 

coverage for monitoring bycatch through 

the use of electronic logbooks and 

observers may vary with the availability 

of funding. Until such time as 

additional funding is available, 

management measures such as bycatch 

quotas would be impractical to consider 

for the shrimp fishery. 

The Council previously considered 

area and seasonal closures for reducing 

finfish bycatch in Amendments 9 and 

10 to the Shrimp FMP. The Council 

rejected these measures because they 

were deemed costly and ineffective, and 

research at the time indicated BRDs 

reduced bycatch at a lower cost. Current 

regulations include several seasonal and 

area closures throughout the Gulf of 

Mexico in which trawling is prohibited. 

Trawl gear is also precluded from 

numerous areas throughout the Gulf 

because of oil and gas platforms, hard 

bottom habitat, and artificial reefs. The 

intent of existing seasonal and area 

closures is to protect small shrimp and 

habitat and reduce user conflicts. These 

closures were not intended to reduce 

bycatch, although this is an indirect 

benefit of these management actions. 

The Council considered a scoping 

document for Amendment 14 to the 

Shrimp FMP at their August 2005 

meeting. The scoping document 

contained alternatives for further 

reducing shrimp bycatch, reducing 

shrimp effort, modifying bycatch 

reduction criteria, eliminating latent 

effort in the shrimp fishery, and 

requiring vessel monitoring systems 

aboard shrimp vessels. NMFS will 

continue to work closely with the 

Council to further develop a joint 

Shrimp and Reef Fish plan amendment 

evaluating these shrimp fishery bycatch 

alternatives, as well as alternatives for 

rebuilding the red snapper stock and 

reducing bycatch in the directed red 

snapper fishery. 

The petition also proposes setting a 

firm target for bycatch reduction of 

between 60 and 80 percent of historic 

levels, with a time line established to 

achieve the target within the shortest 

period possible. NMFS believes the 

target bycatch reduction goal should be 

set based on the results of the most 

recent stock assessment, taking into 

account the time needed to rebuild the 

stock and the practicability of further 

reductions in shrimp trawl bycatch. 

Response to Comments 

NMFS received 7,630 form letters in 

favor of the petition to end overfishing 

of red snapper by minimizing shrimp 

trawl bycatch. NMFS received an 

additional 23 letters in response to the 

petition. Of those 23 letters, 12 

commenters supported the petition, and 

11 commenters urged the petition be 

rejected or denied. NMFS’ responses to 

these comments are provided below. 

Comment 1: A group of commenters 

stated the Federal government has failed 

to end overfishing of red snapper by the 

shrimp fishery despite legal 

requirements, and significant action is 

necessary to reduce bycatch and restore 

the red snapper stock. 

Response: The 2005 red snapper stock 

assessment indicated red snapper were 

overfished and undergoing overfishing. 

NMFS agrees action is needed to reduce 

bycatch in both the shrimp fishery and 

the directed red snapper fishery. Despite 

previous actions by NMFS and the 

Council to improve BRD performance 

and reduce shrimp trawl bycatch of red 

snapper, as explained in the History of 

NMFS and Council Efforts to Reduce 

Bycatch in the Shrimp Fishery section 

of this document, overfishing has 

continued. Changes in both fishing 

practices and gear characteristics have 

significantly reduced the overall 

effectiveness of BRDs relative to the 

bycatch reduction rates documented 

during field trials. The Council 

recognized the need to address such 

changes during rebuilding by 

periodically reviewing the status of the 

stock to ensure the rebuilding plan is 

adequately meeting rebuilding goals. 

Should insufficient or unexpectedly 

rapid rebuilding progress occur, NMFS 

and the Council intend to make 

appropriate adjustments to regulations 

to address unanticipated developments 

in the red snapper and shrimp fisheries. 

Comment 2: Eight commenters in 

favor of the petition stated the shrimp 

fishery has impacted the recreational 

fishery economically and hindered 

further economic gains the recreational 

sector could experience. 

Response: NMFS recognizes bycatch 

increases the mortality of any species 

over what would otherwise occur due to 

natural mortality and any directed 

fishery for that species. As such, this 

additional mortality reduces the 

potential harvest and economic activity 

associated with that species. This 

situation is not unique to shrimp trawl 

bycatch and recreational fisheries. In 

addition to requiring bycatch be 

reduced to the extent practicable, the 

Magnuson-Stevens Act requires 

management measures provide for the 

sustained participation of fishing 

communities. This requirement 

recognizes the sociocultural importance 

of fisheries and the impracticability of 

reducing all values associated with a 

resource to monetary terms. Thus, 

current regulations in the shrimp fishery 

have been developed to both minimize 

bycatch and maintain the fishing 

communities depending upon this 

fishery as well as other related fisheries. 

Comment 3: Several commenters 

indicated the petition failed to address 

the recent decrease in shrimp effort and 

its effects on reducing red snapper 

bycatch. These commenters identified 

four reasons for reductions in shrimp 

effort: (1) The cap on the number of 

commercial shrimp licenses has 

decreased participation in the fishery to 

a huge degree; (2) the required use of 

TEDs and BRDs has made it more 

difficult for license holders to make a 

living; (3) fuel costs have increased 

drastically, and, (4) the amount of 

imported, farm-raised shrimp has been 

increasing and is unfairly driving down 

the price of domestic shrimp. 

Response: NMFS agrees the petition 

did not address recent decreases in 

shrimp effort, nor the aforementioned 

reasons for that effort reduction. These 

reductions in effort have been factored 

into recent management actions for 

shrimp and red snapper, including 

Amendment 13 to the Shrimp FMP, 

Amendment 22 to the Reef Fish FMP, 

and the 2005 red snapper stock 

assessment. Although some individuals 

may dispute effort estimates, these 

estimates were thoroughly reviewed 

during the 2004–2005 SEDAR 

workshops for red snapper and are 

considered the best available scientific 

information. Analyses predict 

reductions in the number of large 

vessels (>60 ft (>18.3 m)), which 

primarily operate in offshore waters and 

are expected to encounter more red 

snapper than smaller vessels, will be the 

primary source of future reductions in 

shrimp trawl bycatch. Between 2002 

and 2004, offshore shrimp effort was 

predicted to decline by 16 percent; 

actual reductions in shrimp effort 

during this time declined by 18 percent. 

Projections indicate effort for large 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 53145 

shrimp vessels will continue to decline 

significantly through 2011, ending at a 

point 34 percent less than effort levels 

in 2002. 

The Council approved Amendment 13 

to the Shrimp FMP at their May 2005 

meeting. If approved by NMFS, this 

amendment will establish several 

management measures, including a 

moratorium on commercial shrimp 

permits. NMFS has yet to implement the 

cap on commercial shrimp licenses and, 

therefore, the cap has not reduced 

participation in the shrimp fishery to 

date. 

The use of TEDs and BRDs has likely 

made it more difficult for some 

shrimpers to make a living. TEDs and 

BRDs not only reduce finfish and turtle 

bycatch, they also result in some shrimp 

loss, which economically impacts the 

profits of shrimpers. When the Council 

approved Amendment 9 to the Shrimp 

FMP in 1997, research indicated BRDs 

reduced bycatch at a lower cost than 

other management measures, such as 

seasonal and area closures. Recent 

NMFS observer data indicate many 

shrimpers have changed fishing 

practices and gear characteristics to 

reduce shrimp loss; as a result, BRD 

performance has decreased. 

The declining profitability of the 

shrimp industry is attributed to lower 

prices, due to competition from imports, 

and to higher fuel prices, which 

increased 21–29 percent from 2002 to 

2003. Fuel costs represent a significant 

portion of the industry’s operating 

expenses, and fluctuations in fuel costs 

can significantly affect the industry’s 

economic performance. Increases in 

shrimp imports have been the primary 

cause of the recent decline in U.S. 

shrimp prices. Recent surges in imports 

have been caused by increases in the 

production of foreign, farm- raised 

shrimp. 

Comment 4: One commenter stated 

the petition was based on old 

information and new information is 

now available. The commenter stated 

the new information was incorporated 

into the new assessment, but was not 

acknowledged in the petition, and 

taking action would be imprudent until 

completion of the new assessment. 

Response: NMFS concurs that it 

would be prudent to wait for the 

findings of the new assessment before 

taking action. A red snapper stock 

assessment was completed in 2005 and 

represents the best available science 

regarding the current status of the stock. 

NMFS believes additional management 

measures to achieve reductions in 

bycatch mortality should take into 

account the results of this stock 

assessment and would best be addressed 

by the Council through regulatory 

amendment and development of a plan 

amendment. The Council discussed the 

results of the 2005 red snapper stock 

assessment at their August 2005 meeting 

and requested the NMFS Southeast 

Fisheries Science Center begin 

evaluating rebuilding scenarios for red 

snapper and the necessary shrimp trawl 

bycatch reductions associated with the 

scenarios. 

Comment 5: Several commenters 

stated the impact of recreational fishing 

was not acknowledged in the petition, 

and this fishing was a huge factor in the 

red snapper decline. 

Response: The petition acknowledges 

recovery of the red snapper stock is not 

based on bycatch reduction alone. 

However, the petition states the directed 

recreational and commercial fisheries 

have already adopted many 

management measures in an effort to 

rebuild the red snapper stock. Based on 

the most recent stock assessment, red 

snapper fishing mortality rates in both 

the directed fishery and the shrimp 

fishery are too high and each sector 

must share responsibility for rebuilding 

the stock. 

Comment 6: One commenter stated 

the growth of offshore recreational 

fishing boats has had a huge impact on 

red snapper and all other reef fish 

species. Another commenter asserted 

recreational bag limits for red snapper 

are regularly exceeded with no 

penalties, and this was the primary 

problem with management of the stock. 

Response: NMFS agrees the number of 

recreational fishing vessels and fishing 

effort have increased in recent years. 

Despite this increase in fishing effort 

and vessels, red snapper landings have 

been at or near the 4.47–million lb 

(2.03–million kg) quota. Recreational 

landings overages have occurred in 

some years, but landings have also been 

well below the quota during other years. 

Management measures imposed by the 

Council and NMFS, such as bag limits, 

closed seasons, size limits, and a 

moratorium on for-hire vessel permits, 

are intended to limit overall red snapper 

landings and effort. The U.S. Coast 

Guard, NMFS Law Enforcement, and 

state enforcement agencies enforce these 

regulations, and penalties exist if 

regulations are violated. 

Comment 7: One commenter asserted 

the bycatch of undersized red snapper 

by recreational fishermen is substantial. 

Response: NMFS agrees bycatch of 

undersized fish in the directed fishery 

should be addressed. The 2005 red 

snapper stock assessment used a range 

of release mortality rates for the directed 

commercial and recreational red 

snapper fisheries. These release 

mortality rates ranged from 15 to 80 

percent depending on depth and time 

fished. The Council has begun 

developing a plan amendment to 

address bycatch in both the directed red 

snapper fishery and shrimp fishery. 

Comment 8: One commenter stated 

studies show the importance of 

protecting large spawners to ensure red 

snapper sustainability, and implied 

recreational fishing has a much greater 

effect on these large fish than 

commercial fishing, such as longlining. 

Response: NMFS agrees it is 

important to protect mature red 

snapper. Red snapper mature as early as 

2 years of age and 10–12 inches (25–30 

cm) fork length. They do not reach peak 

reproductive productivity until 

approximately 15 to 20 years of age. 

Current fishing practices directly affect 

the reproductive potential of the stock 

because red snapper are primarily 

caught well below the age at maximum 

fecundity. The commercial longline 

fishery typically harvests older red 

snapper (mean age of 7–8 years), while 

the commercial and recreational 

handline fisheries harvest younger red 

snapper (mean age of 2 to 4 years). 

However, the commercial longline 

fishery accounts for only a small portion 

of the overall commercial harvest of red 

snapper (less than 4 percent of the 

overall commercial harvest). 

Agency Decision 

After considering the assertions and 

proposed management measures set 

forth in the CCA petition and all public 

comments, NMFS has determined the 

measures requested by the petition 

should not be addressed via emergency 

or interim rulemaking at this time. 

NMFS agrees bycatch mortality of red 

snapper in the Gulf shrimp fleet 

adversely affects red snapper and its 

ability to rebuild. NMFS believes it is 

important to address bycatch mortality 

of red snapper by the shrimp fleet, but 

this issue does not represent an 

emergency as defined in NMFS policy 

guidance for the use of emergency rules 

(62 FR 44421, August 21, 1997). 

Overfishing of red snapper is not an 

unforeseen event and, therefore, does 

not constitute an emergency. 

Interim measures can be useful to 

address recently discovered issues for 

which no long-term strategies have been 

devised. However, NMFS believes longterm measures are more appropriate 

than interim measures to address 

overfishing of red snapper. The Council 

and NMFS have established, and are in 

the process of implementing, a longterm rebuilding plan for red snapper to 

phase-out overfishing by 2009 or 2010 

and rebuild the fishery by 2032, as 

53146 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Proposed Rules 

defined in the Magnuson-Stevens Act 

(§ 303(e)(4)). As anticipated in the 

rebuilding plan, implementation 

includes periodic adjustments based on 

new scientific information. The 2005 

red snapper stock assessment indicates 

the level of reduction necessary to 

eliminate overfishing is dependent on 

the objectives and rebuilding scenario 

selected. The Council will need to 

evaluate those factors carefully prior to 

taking action to implement appropriate 

reductions to end overfishing and 

rebuild the stock. 

Finally, emergency and interim 

regulations are not appropriate for 

addressing such actions as changes to 

BRDs, because these changes would 

require substantial time for gear 

development, manufacturing, and 

training and distribution for re-outfitting 

of shrimp nets. Emergency and interim 

measures can only be implemented for 

180 days and can be extended for an 

additional 180 days if necessary 

conditions are met. It is likely that such 

measures would result in a regulatory 

lapse before longer-term measures could 

be implemented. 

NMFS believes additional 

management measures to achieve 

reductions in bycatch mortality should 

take into account the results of the most 

recent red snapper stock assessment and 

would best be addressed through 

Council regulatory amendment and 

development of a plan amendment. The 

Council directed staff during their 

August 2005 Council meeting to begin 

immediately working on a regulatory 

amendment to modify certification 

procedures and protocols for BRDs, 

including decertification of ineffective 

BRDs and certification of new BRDs 

capable of achieving necessary 

reductions in finfish bycatch. This 

regulatory amendment is expected to be 

completed in mid–2006. The Council 

also directed staff to begin developing a 

joint reef fish and shrimp plan 

amendment that revises the red snapper 

rebuilding plan and addresses bycatch 

in both the directed red snapper fishery 

and shrimp fishery. This plan 

amendment is expected to be completed 

by late–2006. By addressing bycatch 

mortality, management measures, and 

the red snapper rebuilding plan in this 

way, the public will be afforded more 

opportunities to comment and 

participate in the rulemaking process, 

and long-term measures to address the 

issues can be implemented. 

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

Dated: August 31, 2005. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–17713 Filed 9–6–05; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 051603C] 

RIN 0648–AQ65 

Atlantic Highly Migratory Species; 

Amendments to the Fishery 

Management Plan (FMP) for Atlantic 

Tunas, Swordfish, and Sharks and the 

FMP for Atlantic Billfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Cancelling and changing the 

location and time of certain public 

hearings. 

SUMMARY: Due to the damage caused by 

Hurricane Katrina, NMFS is cancelling 

two public hearings on the draft 

consolidated Highly Migratory Species 

(HMS) Fishery Management Plan (FMP) 

and proposed rule that were scheduled 

for September 6 and September 8, 2005, 

in Orange Beach, AL, and New Orleans, 

LA, respectively. NMFS intends to 

reschedule the September 6 Orange 

Beach and September 8 New Orleans 

public hearings at a later date. In 

addition, NMFS has changed the 

location and time of the public hearing 

that was scheduled to be held in Fort 

Lauderdale, FL, on October 3, 2005, at 

the African American Arts and Cultural 

Center Research Library. The draft 

consolidated HMS FMP and the 

proposed rule describe a range of 

management measures that could 

impact fishermen and dealers for all 

HMS fisheries. 

DATES: The Fort Lauderdale public 

hearing will still be held on Monday, 

October 3, 2005. However, the new time 

will be from 7 - 10 p.m. The hearings 

scheduled for September 6 and 

September 8, 2005, in Orange Beach, 

AL, and New Orleans, LA, have been 

cancelled and will be rescheduled at a 

later date. 

ADDRESSES: The new location of the Fort 

Lauderdale public hearing will be the 

Broward County Main Library, 100 

South Andrews Avenue, Fort 

Lauderdale, FL 33301. 

FOR FURTHER INFORMATION CONTACT: 

Heather Stirratt or Karyl Brewster-Geisz 

at (301) 713–2347. 

SUPPLEMENTARY INFORMATION: The 

Atlantic HMS fisheries are managed 

under the dual authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

The FMP for Atlantic Tunas, Swordfish, 

and Sharks, finalized in 1999, and the 

FMP for Atlantic Billfish, finalized in 

1988, are implemented by regulations at 

50 CFR part 635. 

On August 19, 2005 (70 FR 48804), 

NMFS published a proposed rule that, 

among other things, announced the 

availability of the draft consolidated 

HMS FMP. Included in this proposed 

rule was a list of 24 public hearings 

throughout September and October 

2005. These hearings are scheduled for 

NMFS to receive comments from fishery 

participants and other members of the 

public regarding the proposed rule and 

draft HMS FMP. Due to the damage 

caused by Hurricane Katrina, NMFS is 

cancelling two public hearings that were 

scheduled for September 6 and 

September 8, 2005, in Orange Beach, 

AL, and New Orleans, LA, respectively. 

NMFS intends to reschedule the public 

hearings once the amount of damaged 

caused by Hurricane Katrina in the 

affected Gulf region has been assessed 

and the appropriate locations can be 

determined. NMFS may extend the 

comment period, if necessary, to ensure 

adequate opportunities for public 

comment by constituents in the affected 

Gulf region. Notification of the new 

dates and locations would be published 

in the Federal Register. 

In addition, NMFS has changed the 

location and time of the public hearing 

that was scheduled to be held in Fort 

Lauderdale, FL, on October 3, 2005, at 

the African American Arts and Cultural 

Center Research Library (see DATES and 

ADDRESSES). This change was due to 

concerns raised by a constituent 

regarding public safety. NMFS verified 

these concerns with local law 

enforcement. The schedule for the other 

public hearings remains unchanged. 

The public is reminded that NMFS 

expects participants at the public 

hearings to conduct themselves 

appropriately. At the beginning of each 

public hearing, a NMFS representative 

will explain the ground rules (e.g., 

alcohol is prohibited from the hearing 

room; attendees will be called to give 

their comments in the order in which 

they registered to speak; each attendee 

will have an equal amount of time to 

speak; and attendees should not