[Federal Register Volume 60, Number 31 (Wednesday, February 15, 1995)]
[Proposed Rules]
[Pages 8620-8622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3695]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 646

[Docket No. 950203035-503501; I.D. 120594C]


Snapper-Grouper Fishery Off the Southern Atlantic States; 
Regulatory Amendment for Hogfish, Cubera Snapper, Gray Triggerfish

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

ACTION: Proposed rule.

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SUMMARY: In accordance with the framework procedure for adjusting 
management measures of the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP), NMFS proposes to 
establish a daily recreational bag limit of five hogfish per person; 
limit the harvest and possession of cubera snapper 30 inches (76.2 cm), 
total length, or larger to two per day; and establish a minimum size 
limit for gray triggerfish of 12 inches (30.5 cm), total length. These 
measures would apply only in the exclusive economic zone (EEZ) off the 
Atlantic coast of Florida. The intended effects of this rule are to 
rebuild the snapper-grouper resources and enhance enforcement.

DATES: Written comments must be received on or before March 2, 1995.

ADDRESSES: Comments on the proposed rule must be sent to Peter J. 
Eldridge, Southeast Regional Office, NMFS, 9721 Executive Center Drive 
N., St. Petersburg, FL 33702.
    Requests for copies of the South Atlantic Fishery Management 
Council's (Council) regulatory document, which includes a regulatory 
impact review and an environmental assessment, should be sent to the 
Council, One Southpark Circle, Suite 306, Charleston, SC 29407-4699; 
FAX 803-769-4520.

FOR FURTHER INFORMATION CONTACT: Peter J. Eldridge, 813-570-5305.

SUPPLEMENTARY INFORMATION: Snapper-grouper species in the Atlantic 
Ocean off the southern Atlantic states (North Carolina to Florida) are 
managed under the FMP. The FMP was prepared by the South Atlantic 
Fishery Management Council (Council) and is implemented through 
regulations at 50 CFR part 646 under the authority of the Magnuson 
Fishery Conservation and Management Act (Magnuson Act).

Background

    The Council is concerned about the biological status of hogfish, 
cubera snapper, and gray triggerfish, especially off the Atlantic coast 
of Florida where recreational fishing pressure is intense. The majority 
of hogfish and cubera snapper catches occur off Florida, and a large 
portion of the gray triggerfish catch occurs off Florida. Gray 
triggerfish is overfished with an estimated spawning stock ratio (SSR) 
of 27 percent. Under the FMP, species with SSRs below 30 percent are 
considered overfished. The SSRs for cubera snapper and hogfish are 
unknown, but these species are thought to be overfished.
    Florida implemented in its waters a harvest/possession limit for 
large cubera snapper on March 1, 1994, and a bag limit for hogfish on 
July 1, 1994. A size limit for gray triggerfish will be implemented on 
January 1, 1995. The [[Page 8621]] Council proposes similar regulations 
in the EEZ off Florida to protect these species and to enhance 
compliance by using compatible state and Federal regulations.

Limits on Hogfish and Larger Cubera Snapper

    The bag limits for hogfish and harvest and possession limits for 
cubera snapper larger than 30 inches (76.2 cm), total length, would 
decrease fishing mortality and enhance the spawning potential of these 
species. If further measures are required, the Council may propose them 
through the framework procedure.

Size Limit for Gray Triggerfish

    The minimum size limit for gray triggerfish will enhance the 
spawning potential of gray triggerfish off Florida and increase the 
yield-per-recruit. Again, additional measures may be proposed under the 
framework procedure.
    The Council's recommended changes are within the scope of the 
management measures that may be adjusted by the framework procedure 
referred to at 50 CFR 646.27 and specified in the FMP. The Director, 
Southeast Region, NMFS, initially concurs that the Council's 
recommended changes are consistent with the objectives of the FMP, the 
national standards, and other applicable law. Accordingly, the 
Council's recommended changes are published for comment.

Additional Change Proposed by NMFS

    NMFS proposes to retitle and reorganize Sec. 646.25 for clarity, 
without substantive change.
    The changes in this proposed rule are based on the text of 50 CFR 
part 646 as amended in the final rule to implement Amendment 7 to the 
FMP, published on December 23, 1994 (59 FR 66270).

Classification

    This action 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 has 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, because no participants in the fishery, all 
of whom are small entities, (1) are expected to incur losses in gross 
revenues exceeding 5 percent, (2) would incur significant capital costs 
of compliance--such costs would be much less than 5 percent of total 
costs of production, and (3) would be expected to be forced to cease 
business. As a result, a regulatory flexibility analysis was not 
prepared.

List of Subjects in 50 CFR Part 646

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 8, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 646 is 
proposed to be amended as follows:

PART 646--SNAPPER-GROUPER FISHERY OFF THE SOUTHERN ATLANTIC STATES

    1. The authority citation for part 646 continues to read as 
follows:

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

    2. In Sec. 646.2, a new definition of ``Off Florida'' is added, in 
alphabetical order, to read as follows:


Sec. 646.2  Definitions.

* * * * *
    Off Florida means the waters off the east coast from a line 
extending directly east from the seaward terminus of the Georgia/
Florida boundary (30 deg.42'45.6'' N. lat.) to the boundary between the 
Atlantic Ocean and the Gulf of Mexico, as specified in Sec. 601.11(c) 
of this chapter.
* * * * *
    3. In Sec. 646.7, paragraphs (pp)(2) and (pp)(3) are redesignated 
as paragraphs (pp)(3) and (pp)(4), respectively; in newly designated 
paragraph (pp)(4), the reference to ``Sec. 646.25(e)'' is revised to 
read ``Sec. 646.25(d)''; text for paragraph (bb), previously reserved, 
is added; and new paragraph (pp)(2) is added to read as follows:


Sec. 646.7  Prohibitions.

* * * * *
    (bb) Harvest or possess cubera snapper 30 inches (76.2 cm), total 
length, or larger in or from the EEZ off Florida in excess of the 
limits specified in Sec. 646.21(k)(1).
* * * * *
    (pp) * * *
    (2) Cubera snapper, as specified in Sec. 646.21(k)(3);
* * * * *
    4. In Sec. 646.21, new paragraphs (a)(1)(ix) and (k) are added to 
read as follows:


Sec. 646.21  Harvest limitations.

    (a) * * *
    (1) * * *
    (ix) Gray triggerfish off Florida--12 inches (30.5 cm), total 
length.
* * * * *
    (k) Cubera snapper harvest and possession limit.
    (1) No person may harvest in the EEZ off Florida more than two 
cubera snapper 30 inches (76.2 cm), total length, or larger per day and 
no more than two such cubera snapper in or from the EEZ off Florida may 
be possessed aboard a vessel at any time.
    (2) A person who fishes in the EEZ off Florida may not combine the 
harvest and possession limit specified in paragraph (k)(1) of this 
section with the bag and possession limit applicable to Florida's 
waters.
    (3) A cubera snapper 30 inches (76.2 cm), total length, or larger 
taken in the EEZ off Florida may not be transferred at sea, regardless 
of where such transfer takes place; a cubera snapper 30 inches (76.2 
cm), total length, or larger may not be transferred at sea in the EEZ 
off Florida, regardless of where such cubera snapper was taken.
    5. In Sec. 646.23, paragraph (b)(2) is revised and new paragraph 
(b)(6) is added to read as follows:


Sec. 646.23  Bag and possession limits.

* * * * *
    (b) * * *
    (2) Snappers, excluding cubera snapper 30 inches (76.2 cm), total 
length, or larger in or from the EEZ off Florida and excluding 
vermilion--10, of which no more than 2 may be red snapper. (See 
Sec. 646.21(k) for limitations on cubera snapper 30 inches (76.2 cm), 
total length, or larger in or from the EEZ off Florida.)
* * * * *
    (6) Hogfish in or from the EEZ off Florida--5.
* * * * *
    6. Section 646.25 is revised to read as follows:


Sec. 646.25  Commercial limitations.

    (a) Trip limits. Persons who are not subject to the bag limits and 
who fish in the EEZ on a trip are subject to the following vessel trip 
limits. (See Sec. 646.23(a)(1) for applicability of the bag limits.)
    (1) Snowy grouper (whole weight or gutted weight, that is, 
eviscerated but otherwise whole):
    (i) Until the fishing year quota specified in Sec. 646.24(b) is 
reached, 2,500 lb (1,134 kg).
    (ii) After the fishing year quota specified in Sec. 646.24(b) is 
reached, 300 lb (136 kg).
    (2) Golden tilefish (whole weight or gutted weight, that is, 
eviscerated but otherwise whole): [[Page 8622]] 
    (i) Until the fishing year quota specified in Sec. 646.24(c) is 
reached, 5,000 lb (2,268 kg).
    (ii) After the fishing year quota specified in Sec. 646.24(c) is 
reached, 300 lb (136 kg).
    (b) Reduction of trip limits. When a commercial quota specified in 
Sec. 646.24(b) or (c) is reached, or is projected to be reached, the 
Assistant Administrator will file a notification to that effect with 
the Office of the Federal Register. On and after the effective date of 
such notification, for the remainder of the fishing year, the 
appropriate trip limit applies.
    (c) Combination of trip limits. A person who fishes in the EEZ may 
not combine a trip limit under this section with any trip or possession 
limit applicable to state waters.
    (d) Transfer at sea. A snowy grouper or golden tilefish taken in 
the EEZ may not be transferred at sea, regardless of where such 
transfer takes place; a snowy grouper or golden tilefish may not be 
transferred at sea in the EEZ, regardless of where such snowy grouper 
or golden tilefish was taken.
    (e) Sale/purchase of excess fish. Snowy grouper or golden tilefish 
in excess of an applicable trip limit specified in paragraph (a) of 
this section may not be sold, purchased, traded, or bartered, or 
attempted to be sold, purchased, traded, or bartered.
[FR Doc. 95-3695 Filed 2-14-95; 8:45 am]
BILLING CODE 3510-22-F