[Federal Register Volume 60, Number 76 (Thursday, April 20, 1995)]
[Rules and Regulations]
[Pages 19683-19684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9641]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 646

[Docket No. 950203035-5091-02; I.D. 120594C]
RIN 0648-AH44


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

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

ACTION: Final 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 establishes a 
daily recreational bag limit of five hogfish per person; limits the 
harvest and possession of cubera snapper measuring 30 inches (76.2 cm) 
in total length, or larger, to 2 per day; and establishes a minimum 
size limit for gray triggerfish of 12 inches (30.5 cm), total length. 
These measures 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.

EFFECTIVE DATE: May 22, 1995.

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

SUPPLEMENTARY INFORMATION: Snapper-grouper species in the Atlantic 
Ocean off the southern Atlantic states 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.
    In accordance with the framework procedure of the FMP, the Council 
recommended and NMFS published a proposed rule to change the management 
measures applicable to certain snapper-grouper species in the EEZ off 
the Atlantic coast of Florida (60 FR 8620, February 15, 1995). That 
proposed rule specified the recommended changes and described the need 
and rationale for the recommended changes. Those descriptions are not 
repeated here.
    No comments were received on the proposed rule. Accordingly, the 
proposed rule is adopted as final with one change. As a technical 
change, the title ``Secretary'' is revised to read ``Assistant 
Administrator'' where it appears in the snapper-grouper regulations. 
``Secretary'' and ``Assistant Administrator'' are defined at 50 CFR 
620.2 to mean ``the Secretary of Commerce, or a designee'' and ``the 
Assistant Administrator for Fisheries, NOAA, or a designee,'' 
respectively. This change more clearly specifies the responsible 
official.

Classification

    This final 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 certified to the Chief Counsel for Advocacy of 
the Small Business Administration when this rule was proposed that it 
would not have a significant economic impact on a substantial number of 
small entities. The reasons were summarized in the preamble to the 
proposed rule (60 FR 8620, February 15, 1995). 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: April 13, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 646 is amended 
as follows: [[Page 19684]] 

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, under the definition for ``authorized statistical 
reporting agent'' paragraphs (a) and (b) are redesignated as paragraphs 
(1) and (2) respectively; and 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)''; paragraph (bb) is added; and new paragraph 
(pp)(2) is added to read as follows:


Sec. 646.7  Prohibitions.

* * * * *
    (bb) Harvest or possess cubera snapper measuring 30 inches (76.2 
cm) in 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, 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 2 cubera snapper measuring 30 
inches (76.2 cm) in total length, or larger, per day and no more than 2 
such cubera snapper in or from the EEZ off Florida may be possessed on 
board 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 measuring 30 inches (76.2 cm) in 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 
measuring 30 inches (76.2 cm) in 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 paragraph (b)(6) 
is added to read as follows:


Sec. 646.23  Bag and possession limits.

* * * * *
    (b) * * *
    (2) Snappers, excluding cubera snapper measuring 30 inches (76.2 
cm) in total length, or larger, in or from the EEZ off Florida and 
excluding vermillion--10, of which no more than 2 may be red snapper. 
(See Sec. 646.21(k) for limitations on cubera snapper measuring 30 
inches (76.2 cm) in 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):
    (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.


Sec. 646.6  [Amended]

    6a. In Sec. 646.6, the undesignated text at the end of the section 
is added to the end of paragraph (g).


Secs. 646.2, 646.6, 646.22  [Amended]

    7. The title ``Secretary'' is removed and the title ``Assistant 
Administrator'' is added in its place where it appears in the following 
places:
    (a) Section 646.2, in the definition of ``authorized statistical 
reporting agent, paragraph (2);
    (b) Section 646.6(g); and
    (c) Section 646.22(b) and (c)(1).
[FR Doc. 95-9641 Filed 4-19-95; 8:45 am]
BILLING CODE 3510-22-F