[Federal Register Volume 65, Number 112 (Friday, June 9, 2000)]
[Proposed Rules]
[Pages 36656-36660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14525]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 000511132-0132-01; I.D. 042400I]
RIN 0648-AM04
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management
Measures
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 proposes regulations to implement 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). These proposed regulations would
modify the recreational and commercial red snapper fishing seasons;
allocate two-thirds of the commercial red snapper quota for the spring
fishing season, with the remainder available for the fall fishing
season; increase the recreational minimum size limit for red snapper;
and reinstate a 4-fish recreational red snapper bag limit for captain
and crew of for-hire vessels (charter vessels and headboats). The
intended effect of these proposed regulations is to maximize the
economic benefits from the red snapper resource within the constraints
of the stock rebuilding program for this overfished resource.
DATES: Comments must be received no later than 4:30 p.m., eastern
standard time, on July 10, 2000.
ADDRESSES: Written comments on the proposed rule must be sent to Dr.
Roy E. Crabtree, Southeast Regional Office, NMFS, 9721 Executive Center
Drive N., St. Petersburg, FL 33702. Comments may also be sent via fax
to 727-570-5583. Comments will not be accepted if submitted via e-mail
or Internet.
Requests for copies of the regulatory amendment, which includes an
environmental assessment, a regulatory impact review (RIR), and an
initial regulatory flexibility analysis (IRFA) 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; E-mail: [email protected].
FOR FURTHER INFORMATION CONTACT: Dr. Roy E. Crabtree, telephone: 727-
570-5305, fax: 727-570-5583, e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive
economic zone (EEZ) 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
(Magnuson-Stevens Act) by regulations at 50 CFR part 622.
Under the regulatory amendment, the Council has proposed adjusted
management measures for the Gulf red snapper commercial and
recreational fisheries. Under provisions of the FMP, these measures, if
approved and implemented, would continue in effect until changed
through a subsequent rulemaking action. The Council has submitted the
regulatory amendment to NMFS for review, approval, and implementation.
The measures in this regulatory amendment were developed and submitted
to NMFS under the terms of the FMP's framework procedure for annual
adjustments in management measures for the red snapper fishery. The
proposed regulations would implement the measures contained in the
Council's regulatory amendment.
Background
The measures contained in the proposed rule, except for the change
in the start date of the fall commercial season and the minor change in
the allocation of the commercial quota, were implemented by interim
rule (64 FR 71056, December 20, 1999). This proposed rule would
implement these measures on a permanent basis.
The measures contained in this proposed rule are needed to reduce
overfishing, while allowing the total allowable catch (TAC) of red
snapper to be harvested by fair, equitable, and effective means. These
changes would reduce overfishing by: (1) increasing the likelihood of
compatible closures of state waters during Federal closures, thereby
improving enforcement of closures of the EEZ recreational red snapper
fishery and reducing the harvest from state waters during Federal
closures; (2) improving compliance with Federal regulations by opening
the recreational fishery during the time of greatest demand and
reducing confusion among anglers by promoting compatible state and
Federal regulations; and (3) reducing the rate of harvest in the
commercial fishery, thus reducing the probability of the commercial
fishery exceeding its quota.
These red snapper measures are based, in part, on the
recommendations to the Council from a stakeholder conference held in
New Orleans, LA, on September 27, 1999. Stakeholders' recommendations
for the recreational red snapper fishery included a 4-fish bag limit
for the captain and crew of for-hire vessels, a minimum size limit not
to exceed 16 inches (40.6 cm), and a March 1 to October 31 recreational
season. The interim rule was necessary to implement these changes
before the 2000 fishing seasons began.
Section 407(d) of the Magnuson-Stevens Act requires NMFS to close
the Gulf of Mexico recreational red snapper fishery after the
recreational quota (currently 4.47 million lb (2.03 million kg)) is
caught. The recreational fishery was closed on November 27 in 1997, on
September 29 in 1998, and on August 29 in 1999. Under the regulations
in place prior to promulgation of the interim rule, i.e., a 4-fish bag
limit and a 15-inch (38.1-cm), minimum size limit, NMFS projected that
with a January 1 opening date for the recreational fishery, the 2000
quota (4.7 million lb (2.03 million kg)) would be reached on July 29,
2000;
[[Page 36657]]
consequently, the fishery would be closed at 12:01 am on July 30, 2000.
The recreational fishery has exceeded its quota each year since
1997, when NMFS first closed it as required by section 407(d) of the
Magnuson-Stevens Act. The proposed rule is intended to address this
problem and to reduce overfishing. Compatible state closures are
essential for Federal closures to be effective. If the Gulf states do
not implement compatible recreational seasons, the harvest of red
snapper in state waters will continue after the Federal closure.
Furthermore, the lack of compatible regulations impedes enforcement of
Federal regulations, results in reduced compliance, and increases
overfishing. During 1999, the recreational red snapper fishery in most
Gulf states' waters remained open for at least 3 months after the
Federal closure. Under the regulations in effect prior to promulgation
of the interim rule, the recreational fishery in the EEZ would have
opened on January 1, 2000, and closed on July 30, 2000. NMFS expects
that the Gulf states would have opened their fisheries on January 1 if
Federal waters had opened, but the states would probably not have
closed state waters until at least October 31, as occurred during 1999.
By opening the recreational fishery during the time of greatest demand,
the interim rule has achieved compatible seasons with four of the five
Gulf states. The recreational fishery in Texas is expected to remain
open all year. Thus, fishing that would have occurred after closure of
the Federal season under the regulations in effect prior to the interim
rule has been reduced.
Recreational Season
The stakeholders at the September 27, 1999, conference recommended
a red snapper recreational season from March 1 to October 31. The
Council attempted, to the extent possible, to implement the
stakeholders' recommendations; however, based on the best available
scientific information, the harvest from a March 1 to October 31 season
would exceed the current recreational quota. Therefore, the Council
recommended a shorter season as close to the stakeholders'
recommendation as possible. The stakeholders' recommendations and the
preponderance of public testimony presented to the Council indicate
that a season from April 21 to October 31 offers the greatest benefits
to Gulf anglers and, based upon the best available scientific
information, is compatible with the recreational quota. A group of
south Texas anglers, who participated in the stakeholders conference,
submitted a minority report requesting a year-round fishery with a 4-
fish bag limit and a 13-inch (33.0-cm) minimum size limit. However, the
harvest from a year-round fishery, if implemented, would greatly exceed
the quota and jeopardize the recovery of the stock.
The Council recommended an April 15-to-October 31 season but
authorized the Regional Administrator to adjust the season as needed to
allow reinstatement of the 4-fish bag limit for the captain and crew of
for-hire vessels. To compensate for the increase in catch rates
resulting from reinstatement of this measure, NMFS delayed the season
opening by 6 days until April 21.
The stakeholders discussed the request from some south Texas
anglers for a winter fishery, but neither the stakeholders nor the
south Texas minority report recommended a winter fishery. At its
November 1999 meeting, the Council considered adding a January-February
opening with a reduced bag limit to allow a winter fishery. The Council
concluded that it was impossible to do so without substantially
shortening the prime April-to-October season and, thus, increasing the
likelihood that illegal fishing during the closed season would occur,
resulting in a harvest that exceeds the recreational quota.
Furthermore, it is unlikely that all of the Gulf states would enact the
compatible closures required to accommodate a winter fishery;
consequently, the EEZ would be closed without compatible state closures
resulting in overfishing and impeded enforcement.
The proposed rule would provide Texas anglers, as well as anglers
in other states, the opportunity to fish during the months of greatest
historical demand. During 1996, the last year that the red snapper
fishery was open all year, Texas monthly landings during May-October
exceeded those of any other months. Analyses based on recent years
(1995-1998) show that during January-March, monthly landings in Texas
average 96,000 lb (43,545 kg), substantially less than during August-
October when monthly landings average 137,000 lb (62,142 kg). Further,
the proposed rule would provide economic benefits to the Texas for-hire
fishing industry by allowing the industry to operate during the months
of greatest demand. Texas headboat trips during January-March average
5,000 trips per month, as opposed to 8,000 trips per month during
August-October. Texas charter boat trips show a similar trend, with an
average of 1,200 trips per month during January-March and 2,000 trips
per month during August-October.
Recreational Size Limit
The increase in the recreational minimum size limit from 15 inches
(38.1 cm) to 16 inches (40.6 cm) is an essential component of the
modified recreational fishing season. The increase would reduce the
harvest rate and, in combination with the bag limit and closed seasons,
would help ensure that the recreational quota is not exceeded, thereby
reducing overfishing. NMFS' projections indicate that the reduction in
catch rates from the increased size limit would allow the season to be
extended by approximately three weeks without a significant increase in
harvest. The best available scientific information indicates that
increasing the minimum size limit constrains harvest rates by
increasing the proportion of anglers who are unable to catch their bag
limit. The NMFS Southeast Fisheries Science Center (Center) has
determined that the measures contained in this proposed rule, including
any additional release mortality associated with the increase in the
minimum size limit, would not jeopardize the long-term recovery of the
stock. The extension of the fishing season would provide social and
economic benefits to the recreational fishery and the Gulf tourism
industry. The stakeholders recommended 16 inches (40.6 cm) as the
largest minimum size acceptable to the recreational fishery.
The Council did not propose a corresponding increase in the
existing commercial size limit of 15 inches (38.1 cm). The Council
justified the discrepancy between the two size limits based on the
different release mortality rates in the two fisheries and on the need
to extend the recreational season by increasing the minimum size limit.
Commercial fishers fish in deeper water than recreational fishers and
use electric reels, which bring fish to the surface more quickly than
does rod-and-reel gear used by recreational fishers; consequently, the
mortality rate of fish released in the commercial fishery (33 percent)
is greater than that in the recreational fishery (20 percent). The best
available scientific information suggests that further increases in the
minimum size limit above 15 inches (38.1 cm) provided few conservation
benefits at release mortality rates of 33 percent or greater.
Recreational Bag Limit
Reinstating the 4-fish bag limit for captain and crew of for-hire
vessels would relieve a restriction on that sector of the fishery. The
final rule for the Council's 1999 red snapper regulatory amendment (64
FR 47711, September 1,
[[Page 36658]]
1999) implemented the current 0-fish bag limit for captain and crew.
The for-hire industry has vigorously opposed this measure. NMFS
approved the 0-fish bag limit for captain-and-crew for the 1999 season
because it extended the recreational season without a corresponding
increase in harvest. Subsequent public comment and the recommendations
of the stakeholders indicate that fishery participants are willing to
sacrifice fishing days to reinstate the bag limit for captain and crew.
Thus, the Council's regulatory amendment proposes to reinstate the 4-
fish bag limit for the for-hire sector and delay the starting date of
the recreational season to April 15 or to a date determined by the NMFS
Regional Administrator (RA) that would accommodate the reinstatement of
the 4-fish bag limit and prevent a corresponding increase in harvest.
The RA has determined that this season starting date should be April 21
for 2000, as was implemented by the interim rule.
NMFS expected that none of the Gulf states would have enacted a
compatible 0-fish bag limit measure (for 2000 and beyond), and, thus,
enforcement of this measure would have been difficult. By restoring the
captain-and-crew bag limit, the projected fishery closure date would be
based on an assumed catch rate reduction that would, in fact, be
realized because of compatible state regulations. In addition, the
measure should reduce overfishing by encouraging cooperation and
voluntary compliance by the for-hire sector, which accounts for the
greatest portion of the recreational harvest.
Spring Commercial Season
Reducing the openings of the spring commercial fishery from 15 days
per month to 10 days per month would slow the overall harvest rate,
allow additional time between 10-day fishing periods to evaluate
landings and, thus, reduce the probability of exceeding the commercial
quota and overfishing. This measure also would reduce confusion among
fishers by providing consistent spring and fall fishing periods and,
thus, increase compliance. Projections by the Council's Socioeconomic
Panel and the experience of the 10-day openings (9 fishing days) during
the 1999 fall season suggest that the reduced harvest rate also would
help maintain price stability. This action should allow commercial red
snapper fishermen to generate more revenue with the same amount of
catch, which should help reduce the incentive to pursue a derby fishery
that would likely result in a quota overrun.
Fall Commercial Season
Changing the opening of the fall season from September 1 to October
1 is proposed to increase economic benefits to the fishery. Seafood
dealers have stated that there is low demand for seafood in September
but that demand and prices improve in October. Delaying the start of
the fall commercial season until October is intended to allow fishermen
to get better prices for their catches and make fresh red snapper
available at a time when the consumer demand is greater. This measure
is not expected to have any biological consequences.
Allocation of the Commercial Quota
The proposed rule would implement a minor change in the allocation
of the commercial quota (4.65 million lb (2.11 million kg)) between the
spring and fall seasons. Currently the spring allocation is a fixed
amount, 3.06 million lb (1.39 million kg), with the remainder available
for the fall fishing season. The proposed rule would specify that the
spring sub-quota be set as a proportion (two-thirds) of the annual
commercial quota rather than as a fixed quantity. This would allow any
future changes in the commercial quota to be distributed proportionally
between the spring and fall seasons, rather than the entire adjustment
being applied only to the fall season. Based on the current annual
commercial quota, the two-thirds proportion for the spring sub-quota
would be 3.10 million lb (1.41 million kg), thus leaving 1.55 million
lb (0.705 million kg) for the fall sub-quota.
The Center has determined that this proposed rule is based on the
best available scientific information. The Center emphasized that to be
considered consistent with the FMP's current management objective of
achieving a 20-percent spawning potential ratio (SPR) by 2019, the
Council's selection of a 9.12 million-lb (4.14 million-kg) TAC carries
the implicit belief that red snapper bycatch reduction of at least 50
percent will be achieved in year 2000 and beyond, that harvests will
not exceed quotas, and that future recruitment, on average, will
increase as spawning stock biomass increases. In its certification of
the interim rule, which implemented most of the measures contained in
this proposed rule, the Center concluded that these measures would not
jeopardize the long-term recovery of the red snapper stock and that the
measures address overfishing and are consistent with the FMP and the
Magnuson-Stevens Act. The Center also emphasized the uncertainty
associated with projections of catch rates in the recreational fishery
and certified that the recreational quota is within the margin of error
of the harvest projected under the measures contained in this proposed
rule.
Classification
This proposed rule has been determined to be not significant for
purposes of E. O. 12866.
The Council prepared an IRFA, based on the RIR. A summary of the
IRFA follows:
This proposed rule is being considered because the red snapper
stock is overfished, and the Magnuson-Stevens Act requires the Council
to take action to resolve the overfished status of the stock. The
Council determined that 450 to 650 commercial vessels with a history of
red snapper landings from the EEZ waters of the Gulf of Mexico would be
directly affected by the rule. The Council also determined that about
1,200 charterboats and headboats would be affected by the rule, and all
of these units are classified as small business entities. Most of the
commercial vessels use handline gear, have an average length of 38 ft
(11.6 m), have an estimated resale value of $52,817 and generate
average annual gross revenues of about $52,000. The charterboat
businesses tend to use traditional charter fishing boats that average
37 ft (11.3 m.) in length and generate about $56,000 in sales, while
the headboats have an average length of 62 feet (18.9 m.) and have
annual receipts of about $140,000. No additional reporting, record
keeping or other compliance costs were identified, and no duplicative,
overlapping, or conflicting Federal rules were identified.
Four alternatives, including the minimum size limit of 15 inches
(38.1 cm) total length in effect prior to change by the interim rule,
are identified for the proposal to increase the recreational red
snapper minimum size limit from 15 inches (38.1 cm) to 16 inches (40.6
cm). The 15-inch (38.1 cm) size limit and a lower size limit of 14
inches (35.6 cm) were rejected as minimum size limits because both
alternatives would increase the rate of harvest and lead to a shorter
season, thereby reducing the recreational value. The 15-inch size limit
leads to a shorter season because the stocks are recovering, and catch
per unit effort is rising. A minimum size limit from 16 inches (40.6
cm) to 18 inches (45.7 cm) was rejected because larger fish suffer from
a higher release mortality because they tend to be harvested from
greater depths. If this is so, then the larger minimum size limits
would reduce the potential for stock recovery and reduce long-term
benefits.
[[Page 36659]]
A final alternative of no size limit with a requirement to retain the
first four fish (current bag limit) was considered. With good
compliance, this alternative could assist stock recovery and lengthen
the season, thus generating larger short-term as well as long-term
economic benefits. However, the Council concluded that it was not
enforceable and would lead to high-grading and a reduction in benefits.
The Council proposed a bag limit allowance of 4 fish for the
captain and crew of for-hire vessels and considered one other
alternative--the zero bag limits for captain and crew in effect prior
to change by interim rule. The RIR found that the captain and crew bag
limit of 4 fish may lead to a reduction in net economic benefits to the
recreational fishery because the season would be shortened. However,
the Council chose the alternative because it believed that not enough
additional income would be generated to justify the loss of harvest
privileges for captain and crew.
The Council considered five alternatives to the proposal to set the
recreational red snapper season from April 15 through October 31
including the January 1 opening in effect prior to change by the
interim rule. Under the regulations in effect prior to implementation
of the interim rule, the recreational season starts on January 1 and
closes when the quota is met. The January 1 opening has resulted in
short seasons that eliminate some of the more profitable for-hire
fishing trips that occur later in the year. Hence, the Council
investigated suitable alternatives and chose the April 15-through-
October 31 season alternative. The current regulations still require a
closure whenever the recreational quota is determined (projected) to be
met, and the RIR indicates that trips occurring later in the season are
more valuable than trips occurring earlier in the year. For this
reason, the Council also proposed giving the Regional Administrator,
Southeast Region, NMFS, the authority to delay the opening date to
accommodate overruns that were projected to be associated with the
proposed captain and crew bag limit (4-fish bag limit). The Council's
intent was to maintain the October 31 closing date while keeping the
recreational sector within its quota. Another alternative rejected by
the Council was to open the recreational season for January and
February, close it for late winter, reopen at an unspecified date in
the spring or summer, and then close it for the year whenever the quota
was met. The idea was an attempt to maximize for-hire profits because
the peak vacation seasons vary in different areas of the Gulf of
Mexico. Since there was not enough information available to evaluate
the economic consequences of this alternative and there was also no
spring/summer opening date specified, the economic outcome of the
alternative could not be evaluated. A final recreational season
alternative rejected by the Council would split the Gulf of Mexico into
subregions, with the possibility of different seasons, suballocations,
size limits, and bag limits for each subregion. Since there were no
specific regulatory proposals identified, it was not possible to
forecast economic outcomes.
For the commercial sector, the regulations in effect prior to
change by the interim rule allow the available quota to be split into
spring and fall seasons to take advantage of periods when demand is
highest and producer surplus can be generally increased. However, the
Council has the ability to set specific regulations for each of the
seasons. For the spring season, the Council proposed starting the
season on February 1 and having mini-seasons of 10 days each month
until the spring quota is reached. The Council rejected the alternative
in effect prior to change by interim rule of 15 day mini-seasons in the
spring because an economic analysis conducted by NMFS, and included in
the RIR, indicated an increase of net benefits from the shorter, 10-
day, mini-seasons. The Council elected to maintain the fall mini-
seasons that were already established at 10 days per month. The Council
proposes to begin the fall season on October 1 instead of the status
quo of September 1 because some seafood dealers indicated that demand
is higher in October.
A copy of the IRFA is available from the Council (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: June 2, 2000.
Bruce C. Morehead,
Acting Deputy 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. 622.34, paragraph (n) is removed; the suspension of
paragraph (l) is lifted; and paragraphs (l) and (m) are revised to read
as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(l) Closures of the commercial fishery for red snapper. The
commercial fishery for red snapper in or from the Gulf EEZ is closed
from January 1 to noon on February 1 and thereafter from noon on the
10th of each month to noon on the first of each succeeding month until
the quota specified in Sec. 622.42(a)(1)(i)(A) is reached or until noon
on October 1, whichever occurs first. From October 1 to December 1, the
commercial fishery for red snapper in or from the Gulf EEZ is closed
from noon on the 10th of each month to noon on the first of each
succeeding month until the quota specified in Sec. 622.42(a)(1)(i)(B)
is reached or until the end of the fishing year, whichever occurs
first. All times are local times. During these closed periods, the
possession of red snapper in or from the Gulf EEZ and in the Gulf on
board a vessel for which a commercial permit for Gulf reef fish has
been issued, as required under Sec. 622.4(a)(2)(v), without regard to
where such red snapper were harvested, is limited to the bag and
possession limits, as specified in Sec. 622.39(b)(1)(iii) and (b)(2),
respectively, and such red snapper are subject to the prohibition on
sale or purchase of red snapper possessed under the bag limit, as
specified in Sec. 622.45(c)(1). However, when the recreational quota
for red snapper has been reached and the bag and possession limit has
been reduced to zero, the limit for such possession during a closed
period is zero.
(m) Closures of the recreational fishery for red snapper. The
recreational fishery for red snapper in or from the Gulf EEZ is closed
from January 1 through April 20 and from November 1 through December
31. During a closure, the bag and possession limit for red snapper in
or from the Gulf EEZ is zero.
3. In Sec. 622.37, paragraph (d)(1)(vi) is removed; the suspension
of paragraph (d)(1)(iv) is lifted; and paragraph (d)(1)(iv) is revised
to read as follows:
Sec. 622.37 Size limits.
* * * * *
(d) * * *
(1) * * *
(iv) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a
person subject to the bag limit specified in Sec. 622.39(b)(1)(iii) and
15 inches (38.1
[[Page 36660]]
cm), TL, for a fish taken by a person not subject to the bag limit.
* * * * *
4. In Sec. 622.39, paragraphs (b)(1)(viii) and (b)(1)(ix) are
removed; the suspensions of paragraphs (b)(1)(iii) and (b)(1)(v) are
lifted; and paragraph (b)(1)(iii) is revised to read as follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(iii) Red snapper--4.
* * * * *
5. In Sec. 622.42, paragraphs (a)(1)(i)(A) and (a)(1)(i)(B) are
revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(a) * * *
(1) * * *
(i) * * *
(A) Two-thirds of the quota specified in Sec. 622.42(a)(1)(i), 3.10
million lb (1.41 million kg), available at noon on February 1 each
year, subject to the closure provisions of Secs. 622.34(l) and
622.43(a)(1)(i).
(B) The remainder available at noon on October 1 each year, subject
to the closure provisions of Secs. 622.34(l) and 622.43(a)(1)(i).
* * * * *
[FR Doc. 00-14525 Filed 6-8-00; 8:45 am]
BILLING CODE 3510-22-F