[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Rules and Regulations]
[Page 15674-15676]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-9]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970730185-7206-02]
RIN 0648-XG40
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2008 Gulf of
Mexico Recreational Fishery for Red Snapper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS closes the recreational fishery for red snapper in the
exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). NMFS has
determined this action is necessary to prevent the recreational fishery
from exceeding its quota for the fishing year. This closure is
necessary to prevent overfishing of Gulf red snapper.
DATES: The closure is effective 12:01 a.m., local time, August 5, 2008,
through December 31, 2008, the end of the current fishing year. The
recreational fishery will reopen on June 1, 2009, the beginning of the
2009 recreational fishing season.
FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, telephone 727-
551-5796, fax 727-824-5308, e-mail Steve.Branstetter@noaa.gov.
SUPPLEMENTARY INFORMATION: The red snapper fishery of the Gulf of
Mexico is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf
of Mexico Fishery Management Council (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.
Background
The final rule implementing the approved actions in joint Amendment
27 to the FMP and Amendment 14 to the Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico (Amendment 27/14) (73 FR 5117,
January 29, 2008) is intended to end overfishing and rebuild the red
snapper stock in the Gulf of Mexico. In part, the final rule reduced
the 2008 recreational quota for red snapper to 2.45 million lb (1.11
million kg). To constrain the recreational fishery's harvest to the
quota, the recreational daily bag limit was revised to two fish per
person and the daily bag limit for captains and crews of for-hire
vessels was reduced to zero. The recreational minimum size limit
remained at 16 inches (40.6 cm) total length (TL). The Federal red
snapper recreational fishing season was reduced to June 1 through
September 30. These recreational management measures, in combination,
were projected to constrain red snapper harvest to the 2.45 million lb
(1.11 million kg) recreational quota based on the assumption all five
Gulf states would adopt compatible regulations.
Previously, in 2007, NMFS implemented temporary rules (72 FR 15617,
April 2, 2007; 72 FR 54223, September 24, 2007) to initiate reductions
in harvest and fishing mortality on the overfished red snapper stock
until the more permanent regulations above could be established. The
temporary regulations included a recreational quota of 3.185 million lb
(1.445 million kg), a two-fish bag limit, a zero-fish bag limit
captains and crews of for-hire vessels, a 16-inch (40.6 cm) TL minimum
size limit, and a recreational fishing season of April 21 through
October 31. These harvesting restrictions were intended to have a 50-
percent probability of constraining recreational harvest to the
recreational quota, and also assumed implementation of compatible state
regulations throughout the Gulf.
Substantial quantities of red snapper are harvested by the
recreational fishery from state waters. This is particularly true for
Florida and Texas where state jurisdiction extends 9 nautical miles.
State water recreational harvest of red snapper is much more limited
off Mississippi, Alabama, and Louisiana, in part due to their more
limited 3 nautical-mile jurisdiction. Reported recreational red snapper
landings in state waters off the west coast of Florida in 2007
represented more than 25 percent of the total Gulf recreational red
snapper landings, and more than 50 percent of the total recreational
landings for the state. Although the quantity of recreational red
snapper landed from state waters off Texas is only approximately 4.5
percent of the total recreational quota, landings from state waters
constitute more than 30 percent of Texas' total recreational landings.
During 2007, the Texas Parks and Wildlife Department (TPWD) kept Texas
state waters open year-round compared to the restricted Federal season,
and anglers were allowed a daily bag limit of four fish compared to the
two-fish bag limit in Federal waters. The Florida Fish and Wildlife
Conservation Commission (FWC) maintained a fishing season of April 15
through October 31 during 2007 in its state waters, and a four-fish
recreational bag limit compared to a two-fish bag limit in Federal
waters. These incompatible regulations in state waters contributed to a
total recreational harvest that was estimated to exceed the
recreational red snapper quota by approximately 1.0 million lb (453,592
kg) in 2007.
To ensure the 2008 recreational red snapper quota would not be
exceeded, NMFS and the Council requested the five Gulf states adopt
regulations compatible with Federal regulations implemented for red
snapper during the 2008 fishing year. In response, the FWC implemented
regulations for Florida state waters that allow anglers to possess two
fish per day and prohibited retention by captain or crew of for-hire
vessels, compatible with Federal regulations, but maintained its
recreational fishing season of April 15 through October 31; 78 days
longer than the existing June 1 through September 30 Federal fishing
season. The TPWD maintained its existing regulations of a year-round
fishing season and a four-fish bag limit in Texas state waters.
The ramifications of incompatible state regulations for the Federal
red snapper fishery are significant. The
[[Page 15675]]
existing regulations for Federal waters were based on the assumption of
compatible state regulations. The Magnuson-Stevens Act requires NMFS to
specify a recreational red snapper quota and to close the recreational
fishery when the quota is met. Constraining harvest to the quota is
crucial to meeting the legal requirements to prevent and end
overfishing of the overfished red snapper resource of the Gulf of
Mexico, and achieve rebuilding targets. With less restrictive
regulations in state waters, the likelihood is increased for the
recreational red snapper quota to be taken before the end of the
existing June 1 through September 30 Federal fishing season.
Because of this concern, NMFS conducted an analysis to project 2008
red snapper recreational landings in accordance with the established
Federal and state recreational fishing seasons and harvesting
restrictions. These projections were necessary because only one month
of landings data, June, will be available by mid-August for the 2008
Federal recreational red snapper fishery. If landings are higher than
anticipated, because of less restrictive state regulations, it would be
difficult to close the fishery in a timely fashion. Therefore,
historical landings were used to project both landings and season
length for each state by sector (charter, private, and headboat). The
most recent annual estimate of red snapper landings for all
recreational sectors was used to project landings, and where necessary,
landings were adjusted for changes in regulations (e.g., lower bag
limit, shorter season length). Confidence limits were constructed for
the 2008 landings projections. These confidence limits were used to
assess probabilities of exceeding the recreational quota in 2008.
The projection results indicate that, under the existing Federal
recreational fishing season, charter, private, and headboat sectors
across the Gulf will land 1,774,952 lb (805,105 kg) of red snapper from
Federal waters in 2008. This harvest level would represent more than 72
percent of the total recreational quota.
Under the existing state regulations, NMFS projects the
recreational sectors of all five Gulf states combined will harvest a
quantity of red snapper representing nearly 41 percent of the total
recreational quota from state waters. The projections indicate Florida
charter, private, and headboat sectors will land 815,787 lb (370,035
kg) of red snapper in state waters in 2008, representing approximately
33 percent of the total recreational quota. Texas, Louisiana,
Mississippi, and Alabama recreational sectors are projected to land
approximately 190,673 lb (86,489 kg) from state waters in 2008; nearly
8 percent of the total recreational quota.
In summary, there is a 50-percent probability that, under the
existing Federal and state recreational regulations, recreational red
snapper landings for 2008 will be approximately 2.78 million lb (1.26
million kg); a 13.5-percent overage in the 2008 recreational quota. The
projections do not account for shifts in fishing effort or non-
compliance that may occur as a result of incompatible state and Federal
regulations. Therefore, the projections are likely to represent an
underestimate of the quantity of red snapper expected to be landed by
the recreational fishery during 2008. NMFS must ensure the recreational
quota (representing state and Federal landings) is not exceeded during
the fishing year.
On March 12, 2007, the United States District Court for the
Southern District of Texas, Houston Division, issued a ruling on legal
challenges to the red snapper rebuilding plan established in 2005
(Coastal Conservation Association v. Gutierrez et al., Case No. H-05-
1214, consolidated with Gulf Restoration Network et al., v. Gutierrez
et al., Case No. H-05-2998). The ruling required NMFS and the Council
to revise the red snapper rebuilding plan with a goal of having a 50-
percent probability, or greater, of ending overfishing for red snapper
between 2009 and 2010 and rebuilding the stock by 2032. The revised
rebuilding plan, implemented in response to the Court ruling, reduced
the recreational quota to 2.45 million pound (1.11 million kg). The
rebuilding plan has slightly greater than a 50-percent probability of
ending overfishing, assuming directed fishery landings strictly adhere
to the total allowable catch and necessary reductions in bycatch
mortality are achieved in the shrimp trawl fishery.
Given the recreational quota was exceeded in 2007, and NMFS'
projections for the 2008 recreational fishing season indicate the quota
again will be exceeded, there is an even greater likelihood of not
attaining required reductions in fishing mortality to comply with the
legal requirements and end overfishing of red snapper by 2010.
Given the five Gulf states' recreational red snapper regulations
for 2008, NMFS estimates there is a 50-percent probability the
recreational 2.45 million lb (1.11 million kg) quota will not be
exceeded during the 2008 fishing year if Federal waters are closed to
recreational fishing on August 24, 2008; 38 days before the end of the
established June 1 through September 30 fishing season.
As previously discussed, the 2007 projections, which were based on
a 50-percent probability of constraining recreational harvest to levels
consistent with the quota, resulted in an overage of approximately 1
million lb (453,592 kg). The incompatible regulations in Texas and
Florida contributed to this overage. Given that both Texas and Florida
have decided to maintain incompatible regulations, NMFS is increasingly
concerned that non-compliance and shifting effort from Federal to state
waters due to the incompatible regulations will result in additional
substantial overages, and a concomitant failure to maintain the
established rebuilding targets. As a result, NMFS has taken a more
precautionary approach to better ensure the fishing mortality reduction
in 2008 is attained, and overfishing is ended by 2010. Based on the
five Gulf states' 2008 recreational red snapper fishing seasons, NMFS
estimates there is a 75-percent probability the 2.45 million lb (1.11
million kg) recreational quota will not be exceeded during the 2008
fishing year if the Federal fishery is closed on August 5, 2008; 57
days before the end of the established June 1 through September 30
recreational fishing season.
Requirement for Closure
50 CFR 622.42(a)(2) specifies a recreational quota of 2.45 million
lb (1.11 million kg) for Gulf red snapper for the current fishing year,
January 1 through December 31, 2008. Under 50 CFR 622.43(a), NMFS is
required to close the recreational fishery in the EEZ at such time as
projected to be necessary to prevent the recreational fishery from
exceeding its quota for the fishing year, by filing a notification to
that effect in the Federal Register. Accordingly, to better ensure
recreational landings do not exceed the 2008 recreational quota, the
recreational fishery for red snapper in the Gulf of Mexico EEZ is
closed effective 12:01 a.m., local time, August 5, 2008, through
December 31, 2008, the end of the fishing year. The recreational red
snapper fishery will reopen June 1, 2009, the start of the 2009 fishing
season.
During the closure, the bag and possession limits for red snapper
in or from the Gulf EEZ is zero.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, finds that the need to immediately
[[Page 15676]]
implement this action to close the fishery constitutes good cause to
waive the requirements to provide prior notice and opportunity for
public comment pursuant to the authority set forth in 5 U.S.C.
553(b)(3)(B), as such procedures would be unnecessary and contrary to
the public interest. Such procedures would be unnecessary because the
rule implementing the quota already has been subject to notice and
comment, and all that remains is to notify the public of the closure.
NMFS has a legal obligation to keep harvest within the quota limits
established by the stock rebuilding plan. There is a need to implement
these measures in a timely fashion to prevent an overrun of the
recreational quota of Gulf red snapper, given the capacity of the
fishing fleet to harvest the quota quickly. Any delay in implementing
this action would be impractical and contrary to the Magnuson-Steven
Act, the FMP, and the public interest. To meet the legal obligation to
constrain total recreational harvest to the quota, NMFS must close the
recreational fishery in the EEZ earlier, i.e., by August 5, 2008, to
compensate for continued fishing that will occur in those state waters
where no compatible regulations exist. Those affected by this earlier
closure, particularly charter vessel and headboat operations, need as
much time as possible to adjust business plans to account for the
earlier closure. Delaying the closure rule to accommodate prior public
notice and comment would decrease the time available to adjust business
plans.
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 19, 2008.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-5939 Filed 3-24-08; 8:45 am]
BILLING CODE 3510-22-S