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• Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 27/14

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 27/14

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PDF Version (12 pp, 98K, About PDF)

[Federal Register: January 29, 2008 (Volume 73, Number 19)]
[Rules and Regulations]
[Page 5117-5128]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja08-14]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 0612243157-7799-07]
RIN 0648-AT87

Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef
Fish Fishery and Shrimp Fishery of the Gulf of Mexico; Amendment 27/14

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

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SUMMARY: NMFS issues this final rule to implement joint Amendment 27 to
the Fishery Management Plan (FMP) for the Reef Fish Resources of the
Gulf of Mexico (Reef Fish FMP) and Amendment 14 to the Fishery
Management Plan for the Shrimp Fishery of the Gulf of Mexico (Shrimp
FMP)(Amendment 27/14) prepared by the Gulf of Mexico Fishery Management
Council (Council). This final rule reduces the commercial and
recreational quotas for red snapper, reduces the commercial minimum
size limit for red snapper, reduces the recreational bag limit for red
snapper, prohibits the retention of red snapper under the bag limit for
the captain and crew of a vessel operating as a charter vessel or
headboat, establishes a red snapper recreational season that is open
from June 1 through September 30 each year, requires the use of non-
stainless steel circle hooks when using natural baits to fish for Gulf
reef fish, requires the use of venting tools and dehooking devices when
participating in the commercial or recreational reef fish fisheries,
and consistent with the Amendment's framework procedure, provides for

[[Page 5118]]

implementing seasonal closures of the Gulf shrimp fishery to reduce red
snapper bycatch based upon the 74 percent bycatch reduction target
established in this final rule. In addition, this final rule
establishes a framework procedure to adjust the target effort level and
any necessary closures for the Gulf shrimp fishery. The measures
contained in this final rule are intended to establish a revised red
snapper rebuilding plan and to end overfishing of the red snapper
resource in the Gulf of Mexico.

DATES: This final rule is effective February 28, 2008, except for Sec. 
622.41(m) which is effective June 1, 2008.

ADDRESSES: Copies of the Final Supplemental Environmental Impact
Statement (FSEIS), the Final Regulatory Flexibility Analysis (FRFA),
and the Record of Decision (ROD) may be obtained from Peter Hood, NMFS,
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701; telephone 727-824-5305; fax 727-824-5308; e-mail 
peter.hood@noaa.gov.

FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone 727-824-5305;
fax 727-824-5308; e-mail peter.hood@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef fish and shrimp fisheries of the
Gulf of Mexico are managed under their respective FMPs (Reef Fish FMP
and Shrimp FMP). The FMPs were prepared by the Council and are
implemented through regulations at 50 CFR part 622 under the authority
of the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
    On July 26, 2007, NMFS published a notice of availability of
Amendment 27/14 and requested public comments (72 FR 41046). On October
23, 2007, NMFS published the proposed rule to implement Amendment 27/14
and requested public comments (72 FR 59989). NMFS partially approved
Amendment 27/14 on October 19, 2007. The rationale for the measures in
Amendment 27/14 is provided in the amendment and in the preamble to the
proposed rule and is not repeated here.

Partial Disapproval of Amendment 27/14

    NMFS disapproved the proposed management measure that would have
assumed a 10-percent reduction in post-hurricane recreational fishing
effort and landings as it related to total allowable catch (TAC) levels
and associated management measures. NMFS determined that a 10-percent
reduction in recreational fishing effort and landings was not based on
the best scientific information available as required by national
standard 2 of the Magnuson-Stevens Act, and was inconsistent with
Council's stated objective to reduce fishing mortality and rebuild the
red snapper stock. As a result of this disapproval, this final rule
establishes a red snapper recreational season that remains open from
June 1 through September 30 each year rather than the May 1 through
October 15 season that would have resulted if the assumption of a 10-
percent reduction in recreational fishing effort and landings had been
approved.

Delayed Effectiveness for Requirement of Circle Hooks, Dehooking
Devices, and Venting Tools

    NMFS is delaying, until June 1, 2008, the effectiveness of the
requirements in Sec.  622.41(m) to use non-stainless steel circle hooks
when using natural baits to fish for Gulf reef fish and to use
dehooking devices and venting tools when fishing for Gulf reef fish in
the Gulf exclusive economic zone (EEZ). This delay in effectiveness
will provide additional time for manufacturers and retail outlets to
prepare for the demand for these newly required products and will
provide more time for commercial and recreational fishers to comply
with these new gear requirements.

Comments and Responses

    Following are the public comments received on Amendment 27/14 and
on the proposed rule along with NMFS' responses to those comments.
    Comment 1: Fishing conditions have improved, especially in the
northeastern Gulf of Mexico, and there is no need to institute
reductions in TAC, the bag limit, or the recreational season. In
addition, artificial reefs and reductions in shrimp trawl effort have
improved red snapper fishing.
    Response: The red snapper stock assessment evaluated the status of
the population both east and west of the Mississippi River delta. The
assessment found the eastern portion of the population to be in better
condition than the western portion, and that stock condition was
improving. This increase in population abundance is likely the reason
fishermen are seeing an improvement in fishing conditions. However, the
red snapper population in both the eastern and western Gulf of Mexico
is still considered overfished and undergoing overfishing; therefore,
management measures are needed to allow the stock to rebuild by 2032.
    Based on the red snapper rebuilding plan adopted by the Council in
2005, overfishing must end between 2009 and 2010. Ending overfishing
and recovery of the red snapper population is contingent on reducing
mortality in both the directed commercial and recreational fisheries
and bycatch in the shrimp trawl fishery. More restrictive management
measures are needed across all of these fisheries to constrain harvest
and bycatch mortality.
    The reduction in the directed fishery's TAC accounts for decreases
in shrimp trawl effort. These decreases in shrimp trawl effort are
expected to improve survival of juvenile red snapper. However, as
mentioned above, fishing mortality in the directed fishery must also be
reduced to rebuild red snapper.
    Artificial reefs are known to improve recreational fishing
opportunities for red snapper, and may increase red snapper
productivity. Conversely, artificial reefs serve as fish attracting
devices and, therefore, increase fishing mortality. Artificial reefs
were discussed as one of several possible mechanisms to account for
high stock recruitment during the Southeast Data, Assessment, and
Review (SEDAR) process. Regardless, recreational fishing mortality is
still higher than needed to rebuild the population and manage it at
sustainable levels.
    Comment 2: High fuel prices and the after-effects of the 2005
hurricanes have reduced charter fishing operations and private
recreational fishing effort, and, thus, little or no further action
needs to be taken to constrain recreational red snapper harvest. Data
used to analyze recent trends in effort and landings are questionable.
Differences in regulations between state and Federal waters may have
influenced the 2007 Marine Recreational Fisheries Statistical Survey
(MRFSS) landings data, particularly with how anglers report where fish
were harvested, causing an artificial spike in red snapper landings.
    Response: The 2005 hurricane season was the busiest and costliest
on record, resulting in significant physical and economic damage to
coastal communities. In revising the red snapper rebuilding plan and
developing management measures to constrain directed harvest, the
Council selected as their preferred alternative the assumption of a
continuing 10-percent reduction in post-hurricane directed fishing
effort, even though the Council's Science and Statistical Committee
(SSC) did not support the assumption that there would be a continuing
reduction in fishing effort.
    Similarly, the Southeast Fisheries Science Center (SEFSC) concluded
the available data do not support the assumption of a 10-percent
reduction in overall effort in the directed fishery

[[Page 5119]]

following the 2005 hurricane season. The SEFSC based this determination
on weighted 2006 effort levels, which were about 99 percent of the
2000-2004 average effort levels. The SEFSC indicated mixed changes
occurred in recreational effort showing reductions in some sectors
(particularly private vessels), but increases in other sectors (charter
vessel and headboat). Increases in red snapper fishing efficiencies and
landings, particularly off western Florida and Louisiana between 2005
and 2006 were also observed. The SEFSC also noted a fluctuating, but
gradually increasing, trend in recreational effort commensurate with
increases in the population. Given that private effort in state waters
and for-hire effort in Federal waters are increasing, it is unlikely
private effort in Federal waters will remain at current levels.
    Preliminary MRFSS data through October 2007 indicate landings
exceeded the 2007 recreational quota of 3.185 million lb (1.445 million
kg), even under a reduced red snapper bag limit in Federal waters of
two fish. Preliminary 2007 MRFSS landings were similar to or higher
than landings in previous years during comparable time periods. There
is no indication effort has been reduced to a point that would prevent
recreational anglers from meeting or exceeding the annual quota (See
also the response to Comment 3 regarding trip information). Even if
these preliminary MRFSS landings are overestimated, recreational red
snapper landings are likely to exceed the specified 2007 quota given
that headboat red snapper landings and Texas Parks and Wildlife private
and charter landings are not included in the preliminary 2007 landings
estimate.
    Comment 3: Economic impacts of the recreational quota reductions
and associated measures on the charter industry and associated
businesses and communities are underestimated.
    Response: Best available survey and modeling results indicate that
relatively few trip cancellations are expected to occur as a result of
this action. Most survey respondents indicated that when faced with a
reduced or zero red snapper bag limit, they would either continue
fishing for red snapper or fish for another species. Fishing for other
species may generate distributional effects (i.e., the trips may occur
from different ports, modes, or seasons, resulting in one port or
entity or season losing business while another gains). These
distributional effects, however, cannot be predicted with current data.
    Preliminary data through August 2007 do not support claims of
widespread reductions in charter business as a result of the interim
measures reducing the recreational quota and bag limit. Because the
recreational red snapper fishery in Federal waters did not open until
late April, data for May through August 2007 were examined. During this
period, approximately 461,000 trips were taken by recreational anglers
on charterboats in the Gulf from Florida through Louisiana (data for
Texas are not collected in the same data program and are not
available). This compares to an average of approximately 403,000 angler
trips on average per year for the previous 3 years, 2004 through 2006.
Omitting 2006 data on the assumption that effort in that year was
reduced due to lingering effects of the 2005 hurricanes, the annual
average for 2004 through 2005 was only slightly greater at
approximately 405,000 angler trips. Thus, while available data cannot
address claims of severe economic losses by individual entities,
preliminary 2007 data do not support contentions of widespread industry
harm. Consistent with the projections, while effort may have shifted to
other species or other charter businesses, widespread loss of effort as
a result of the interim quota and bag limit reduction is not apparent.
Although the management measures in the final rule are more restrictive
than the interim measures, widespread effort declines are similarly not
expected.
    Comment 4: A total mortality limit should be set for both
commercial and recreational red snapper fisheries. This limit would
include all fish killed for each sector. A sector that can reduce dead
discards would see a commensurate increase in allowed landings.
    Response: Establishing a total mortality limit was not considered
in Amendment 27/14. While this concept would provide incentives for the
respective fisheries to minimize dead discards, better estimates of
discard mortality are needed. Only a short time series of commercial
discard data was available for the most recent red snapper stock
assessment and the data workshop panel believed recreational discards
were much higher than estimated by MRFSS. For these reasons, available
recreational and commercial discard data were not used in the
assessment. Instead, discards were assumed to be due to the minimum
size limit and were estimated from the predicted length composition of
the catch. Because currently the only estimates of dead discards are
produced from assessment model projections, it is not possible at this
time to monitor total mortality limits on a real-time basis.
    Comment 5: Greater reductions in discard mortality in the
commercial and recreational directed fisheries are needed to maximize
both short-term and long-term yields.
    Response: Reductions in red snapper regulatory discards are needed
in all sectors of the directed red snapper fishery for the stock to
recover over the long term and to reduce overfishing in the short term.
If a 74-percent reduction could be achieved in directed fishery discard
mortality, TAC could have been set at 7 million lb (3.2 million kg),
and future TACs could be set higher. This level of reduction is not
possible at this time given the available tools (e.g., gear
restrictions, bag limits, size limits, etc.) managers have to limit
bycatch. However, the rule does implement measures to reduce red
snapper discard mortality. This rule sets the commercial size limit at
13 inches (33 cm) total length (TL) for the commercial fishery,
requires the use of non-stainless steel circle hooks when fishing for
reef fish with live bait , and requires specific venting tools and
dehooking devices for both the commercial and recreational fisheries.
Reductions in the commercial size limit are estimated to reduce dead
discards by 40 to 60 percent and allow the stock to recover faster. It
is unknown to what extent a requirement of circle hooks, venting tools,
and dehooking devices will have in reducing bycatch mortality when
harvesting reef fish, but all these gears have been shown to increase
the survival of released fish.
    Comment 6: Reducing the commercial minimum size limit will enhance
user conflict and is not fair and equitable. Recreational size limits
should also be reduced to lower discard mortality. The commercial size
limit should be further reduced to 12 inches (30.5 cm) TL, or no size
limit should be implemented, to allow the stock to recover more quickly.
    Response: Scientific analyses suggest both the red snapper stock
and commercial fishery participants would benefit from reducing the
commercial minimum size limit. This is because of high commercial
discard mortality rates that nullify any benefit derived from
protecting smaller size fish. However, reducing the minimum size limit
in the recreational fishery would not benefit the red snapper stock or
stock recovery in the long-term. The discard mortality rate of the
recreational fishery is 15 to 40 percent whereas discard mortality
rates for commercially caught red snapper are estimated to range
between 71 and 82 percent. Thus, smaller fish caught and released by
the recreational fishery are more likely to survive and help contribute
to stock recovery. By contrast, reducing the commercial

[[Page 5120]]

minimum size limit to 13 inches (33 cm) TL will allow previously
discarded fish to be retained and counted toward the quota. In
addition, long-term TACs associated with lower recreational minimum
size limits are expected to be slightly less than TACs with a 16-inch
(41-cm) TL minimum size limit. Therefore, reducing the minimum size in
the recreational fishery will not maximize yield over the long-term.
    Although having no commercial minimum size limit was estimated to
allow the stock to rebuild slightly faster than with a 13-inch (33-cm)
TL size limit, the difference in rebuilding is small. Also, if the
commercial minimum size limit were eliminated, while the recreational
sector operates under a minimum size limit, the potential for
competition and conflict between recreational and commercial fishers
would have increased. The Council recommended, and NMFS approved, a 13-
inch (33-cm) TL minimum size limit because it will have positive
biological impacts and will reduce the potential for user conflicts
between the commercial and recreational sectors relative to the
alternative of eliminating the commercial minimum size limit.
    Comment 7: The recreational fishing season should be changed.
Suggested seasons included a separate spring/early summer season and
late summer/fall season, shifting the season forward or backwards, or
weekend openings. In addition, comments suggested the commercial
fishery should be held to the same season as the recreational fishery.
    Response: The Council evaluated numerous recreational fishing
seasons including seasons with weekend openings. Ultimately, the
Council determined it needed to preserve a core summer recreational
fishing season. Comments from the public have indicated keeping the
season open as long as possible is more preferable to more liberal bag
or size limits. Therefore, given a bag limit of two fish, a zero-bag
limit for the captain and crew of for-hire vessels, and a 16-inch (41-
cm) TL minimum size limit, the Council recommended, and NMFS approved,
the longest season that could be achieved and still cover the core
summer fishing season. This season would be from June 1 to September 30
(122 days).
    NMFS did not evaluate seasonal closure alternatives for the
commercial red snapper fishery because fishery landings are managed in-
season through an individual fishing quota (IFQ) program. This program
was implemented in part to eliminate the derby fishery conditions that
had developed in response to short fishing seasons. IFQ programs
effectively control total annual harvest by enabling fishery managers
to track and limit the landings of each individual program participant.
    Comment 8: Recreational measures for the eastern and western Gulf
of Mexico recreational red snapper fisheries need to be different
because of differences in how the fisheries operate.
    Response: The Council considered different regulations between the
eastern and western Gulf for the recreational fishery. Measures
considered primarily examined different seasons; however, these options
were not selected, in part, because of enforcement problems and angler
confusion in areas around where the line of demarcation between the
eastern and western Gulf is drawn.
    Comment 9: The two-fish bag limit is too restrictive. Either the
four-fish bag limit should be maintained, or the bag limit should be
the first four to six fish landed.
    Response: In managing the recreational fishery such that harvest is
constrained to the recreational quota, NMFS has employed bag limits,
size limits, and seasonal closures. The combined effect of reducing the
recreational bag limit from four to two fish, reducing the captain and
crew bag limit for for-hire vessels, and reducing the season to a June
1 to September 30 should control effort sufficiently to ensure the
recreational fishery remains within the 2.45 million-lb (1.11 million-
kg) quota. To maintain a four-fish bag limit or institute some other
bag limit greater than two fish, the fishing season would need to be
further reduced. While some fishermen commented they would prefer to
maintain the bag limit over season length, the majority of testimony
from fishermen suggested they would prefer a reduction in the bag limit
rather than a reduction in season length.
    Comment 10: The economic and social value of both recreational and
commercial sectors needs to be considered in setting TAC. Current
allocations of TAC should be changed to reflect these differences. The
recreational fishery needs to be further divided into a for-hire and
private angler allocation.
    Response: This rule is intended to reduce the red snapper catch,
bycatch, and discard mortality in the reef fish and shrimp fisheries,
end overfishing of red snapper by 2010, and rebuild the red snapper
stock by 2032. Therefore, addressing allocations is outside the scope
of this rule. However, the Council is developing an amendment to
address the allocation of different reef fish species for
recommendation to NMFS and may include red snapper.
    Comment 11: Requirements for dehooking devices and venting tools
should be standardized due to differences in performance of differently
designed tools and other devices should be allowed. The effective date
for specific fishing gear should be delayed to allow the fishing gear
industry time to provide products to the public. The requirement for
circle hooks creates an unfair burden on fishermen and causes increases
in gut hooking.
    Response: This rule provides specific details regarding the
configuration of both dehooking devices and venting tools, as well as
their use. The rule will require at least one dehooking device on a
reef fish vessel, and the device must be able to remove hooks embedded
in Gulf reef fish with minimum damage. For the venting tool, the rule
will require at least one venting tool aboard a vessel, and the tool
must be used to deflate the swim bladders of Gulf reef fish to release
the fish with minimum damage. Gear types evaluated for this action were
commercially available and easily obtainable by fishermen. Weighted
release devices identified as alternative gear in comments on the rule
are not commercially available at this time.
    Additional public comments requested that the implementation of the
circle hook requirement be delayed to allow manufacturers,
distributors, and retail outlets sufficient time to produce and
distribute the hooks and ensure adequate stock is available to meet
fisherman demand. Additional time is reasonable to allow retailers to
acquire sufficient stock and fishermen to come into compliance with
these new gear requirements. Therefore, this final rule delays the
effective date of these new gear requirements until June 1, 2008.
    Circle hooks do not increase gut hooking in reef fish. As described
in Amendment 27/14, circle hooks tend to embed in the corner of a
fish's mouth, unlike J-hooks which are more likely to be swallowed.
Swallowed hooks can cause internal damage leading to mortality. Because
circle hooks tend to embed in the jaw, they are also easier to remove,
causing the fish less stress when released and enhancing survival.
Requiring the use of non-stainless steel circle hooks will allow a hook
to degrade over time, providing a fish with a greater chance for survival.
    Comment 12: There is a lack of enforcement of commercial fishing
vessels, which allows illegal harvest of red snapper and contributes to
overfishing.

[[Page 5121]]

    Response: NMFS law enforcement officials work cooperatively with
other Federal and state agencies to reduce and prevent illegal
activity. The recently implemented red snapper IFQ program was designed
with enforceability in mind and with full input by Federal and state
law enforcement officers. The red snapper IFQ program is the best
monitored fishery in the Gulf. It incorporates a vessel monitoring
system, pre-departure and advance landing notification requirements, a
dockside monitoring component, and real-time data management to account
for all red snapper landed including a checks-and-balances system
matching quota allocations with fish purchased by dealers.
    Comment 13: Closures would preclude the shrimp fishery from
achieving optimum yield (OY), and hence limit economic opportunities
for the fishery.
    Response: A restriction on effort in the mid-shelf region, which
only affects the ability of the fishery to utilize a portion of the
shrimp grounds for a limited time frame during the year, should not
preclude the fishery from having the opportunity to achieve OY, as
currently defined, on a continuing basis. Should it be necessary to
implement a time-area closure to restrict fishing mortality on red
snapper, shrimp fishing effort can shift either inshore or offshore of
the closed areas with highest red snapper abundance. However, currently
the shrimp fishery is adversely affected by external economic factors,
such as increased fuel prices and depressed ex-vessel prices, which are
constraining fishing effort.
    If economic conditions should improve and effort increase in the
shrimp fishery, especially in the mid-shelf region where juvenile red
snapper are abundant, then a time-area closure might have to be
implemented to maintain the 74-percent shrimp trawl bycatch mortality
reduction target. If a closure was implemented for an extended period
of time, especially a closure concurrent with the Texas Closure, the
likelihood of achieving OY might be decreased. However, the Council and
NMFS could take subsequent action to address that problem if it
occurred. Moving the fishery into shallower water would lead to catches
of smaller shrimp, which could result in reduced profits. However, such
an extended closure, or an expansion of the fishery, is not expected in
the near future. Alternatively, if more efficient bycatch reduction
devices (BRDs) are developed in the future and provide better
reductions in juvenile red snapper mortality, time-area closures could
be reduced. This could then allow the fishing mortality target to be
achieved while simultaneously allowing effort to increase to a level
that increases the likelihood that OY would be caught.
    Given the above, the likelihood of significant adverse economic
consequences resulting from a shrimp fishery area closure is low. The
proposed bycatch mortality reduction target is allowed to decrease
through time consistent with the framework procedure if supported by
the best available scientific information. This would further reduce
the chance the shrimp fishery would exceed its bycatch target. The
long-term economic benefits associated with the proposed action are
expected to outweigh the short-term adverse economic impacts that would
result from fishing effort restrictions.
    Comment 14: Effort shifts to other areas because of closures will
shift bycatch problems to other benthic species.
    Response: Insufficient information is available to assess the
differences in the quantity and species composition of bycatch on a
scale that would allow estimation of differential impacts to marine
species. Seasonal area closures are intended to achieve a level of
fishing mortality reduction in red snapper. Seasonal closures that lead
to relocation of effort by the shrimp fleet to nearshore waters would
most likely increase the level of other finfish bycatch. The ratio of
finfish biomass to shrimp biomass is often twice as high for nearshore
waters as it is for offshore waters. However, populations of many of
the common species, such as Atlantic croaker, spot, and longspine
porgy, are less susceptible to the adverse effects of shrimp trawling
because they are short-lived, and have high natural mortality rates.
    Comment 15: The rule does not reflect the Council's intent that the
target-reduction of shrimp trawl bycatch mortality of red snapper be
phased down from 74 percent of the benchmark years of 2001-2003, to 67
percent in 2011, and thereafter, reduced as necessary, to achieve the
target goal of 60 percent by 2032.
    Response: This rule allows NMFS the flexibility to modify the
mortality reduction target over time via appropriate rulemaking, based
on new information and analyses. The preferred alternative selected by
the Council in Amendment 27/14 illustrates the Council's intent to
adjust the targets over time to appropriate levels while maintaining
the red snapper rebuilding schedule. As stated in the amendment, the
specific reduction target values identified in the Council's preferred
alternative may not be appropriate in the future following new
assessments and scientific advice, much like future adjustments to TAC
in the directed fishery. Nevertheless, any future adjustment would need
to be made through the FMP framework procedures established in this
rule. The framework procedure provides the NMFS Southeast Regional
Administrator authority to adjust the target reduction level consistent
with the red snapper rebuilding plan and the findings of subsequent
stock assessments via appropriate rulemaking.
    Comment 16: The shrimp trawl fishery is not being constrained
sufficiently through this rule, or is being constrained too much.
Relaxation of the bycatch targets that occur later in the rebuilding
plan could allow excessive bycatch by the shrimp fishery.
    Response: This rule provides a procedure to constrain shrimp trawl
bycatch mortality on red snapper to a level that is 74 percent less
than the benchmark years of 2001-2003. The rule provides for adjustment
of the target level reduction, consistent with the red snapper stock
rebuilding plan and the findings of subsequent stock assessments, via
appropriate rulemaking. These provisions ensure that any restrictions
on shrimp trawl bycatch of red snapper will be consistent with the red
snapper rebuilding plan and the best scientific information available.
    In the near future, minimal measures to manage shrimp fishing
effort in relation to the target red snapper bycatch mortality
reduction goal may be needed. This is because the economic downturn in
the shrimp fishery, coupled with increased fuel costs and hurricane
damage to vessels and infrastructure, reduced effort from the benchmark
years by nearly 60 percent in 2005 and 65 percent in 2006. Had the
shrimp trawl fishery been operating at levels associated with the
benchmark years, substantial action would have been required and
proposed measures would have had greater adverse economic effects.
Preliminary effort estimates for 2007 indicate the shrimp fishery is
operating below the target level.
    Allowing the shrimp bycatch reduction target to be reduced as the
red snapper stock rebuilds will allow bycatch and bycatch mortality of
red snapper to increase. However, any such increases would be
constrained to levels consistent with the red snapper rebuilding plan
and best available scientific information. The Council and NMFS believe
it is appropriate to

[[Page 5122]]

provide for reduction of the shrimp bycatch mortality target, so that
the shrimp fishery could receive some benefit from stock rebuilding.
Holding the shrimp bycatch mortality constant would not provide any
benefits to the shrimp fishery, while the directed red snapper fishery
would benefit from larger TACs. In making any future adjustments to the
target bycatch goal, NMFS will ensure bycatch is being minimized to the
extent practicable.
    To ensure red snapper bycatch does not increase above levels
specified in Amendment 27/14, the rule establishes a framework and
actions for NMFS to take should the target not be met. These are
summarized in the above comment.
    Comment 17: The final version of the amendment submitted for
Secretarial review included updated shrimp landings information not
available for the public hearing draft of the amendment. This lack of
information was misleading regarding the Council's final choice of a
preferred alternative, especially regarding the potential social and
economic impacts of a closure. The text in the amendment is confusing
in regard to how the revised BRD criterion would assist in reducing red
snapper fishing mortality to achieve the reduction target. The document
indicated an additional 10-percent reduction in fishing mortality on
juvenile red snapper would be achieved through the certification and
use of BRDs that are more efficient than the industry-standard Fisheye
BRD. Conversely, another section of the document suggested there would
be minimal additional reduction benefits from BRDs expected in the
short-term.
    Response: Updated information for 2006 indicated red snapper
fishing mortality attributable to the shrimp fishery was 65 percent
less than the benchmark years, and not 72 percent as noted in the
public hearing draft. The updated shrimp effort data and possible
implications were brought to the Council's attention at their June 2007
meeting prior to the Council's approval of the amendment for review by
the Secretary. The public hearing draft of Amendment 27/14 contained
the most recent information available at the time. This text was clear
to point out the 2006 shrimp effort estimates were preliminary and
based on two of three trimesters of data. If those estimates held true,
the shrimp fishery would be near the 74 percent reduction goal.
    With respect to the information on bycatch reductions from BRDs,
both statements are accurate and are not contradictory. Additional
bycatch mortality reduction is expected from the introduction of new
BRDs for the fishery under a pending revision to the certification
criterion for BRDs. Recent evaluations of the most commonly used BRD,
the Fisheye positioned forward in the cod end, indicate this BRD is
reducing fishing mortality (F) on juvenile red snapper by approximately
11 percent. Based on a proposed new certification criterion to be
established in 2008, NMFS expects that new and more effective BRDs will
be certified for use in the fishery. These new BRDs reduce F on
juvenile red snapper by greater than 20 percent; therefore, the new
BRDs should double the reduction in F derived from using BRDs. However,
the contribution attributable to BRDs is much less than the reductions
of F achieved by restricting fishing effort in areas where juvenile red
snapper are caught.
    Comment 18: The rule does not consider mortality reductions
achieved through improved BRDs in the process whereby the SEFSC makes
recommendations to the RA in determining the scope and durations of
shrimp closed areas. The condensing of the 12 statistical areas into 3
zones will reduce the SEFSC's ability to tailor the geographical scope
of the time-area closures.
    Response: The 74-percent reduction target in shrimp trawl bycatch
mortality on red snapper from the 10-30 fathom area required by the red
snapper rebuilding plan is based on total bycatch reduction. This
includes both reductions in mortality from reduced fishing effort as
well as reductions obtained from BRDs.
    The three shrimp zones identified in this rule were developed to
identify the geographical scope of the 10-30 fathom area of statistical
zones 10-21 that could be closed to shrimp fishing should a closure be
needed. The Texas zone corresponds to the area where the cooperative
60-day seasonal closure with the State of Texas to protect small brown
shrimp emigrating from bay nursery areas occurs. The Louisiana and
Eastern zones identify the rest of the area to be managed under the
framework, but were split because of the lack of trawlable 10-30 fathom
bottom in Federal waters between Louisiana and Mississippi. Because the
rule states ``the RA will, if necessary, establish a seasonal area
closure of the shrimp fishery in all or a portion of the areas of the
Gulf EEZ specified in paragraphs (l)(2) through (l)(4),'' the closure
could apply to all or a part of one or all three geographic zones. The
extent of these closures would be based on the SEFSC's assessment.
    Comment 19: The shrimp assessment conducted by the SEFSC and
framework procedures to set time and area closures should allow for
input from the shrimp fishery.
    Response: The SEFSC is dependent on landings and effort data from
the shrimp fishery in conducting its assessment. The framework
procedure indicates this assessment will be provided to the RA on or
about March 1 of each year. At this time, the assessment results will
be available to the public. Once the assessment is available, comments
may be directed to the RA to use in the RA's determination if a closure
is necessary, and if so, to what extent. It is also likely the
assessment results will be presented to the Council for their review.
Comments could also be introduced at this time when the Council
evaluates the RAs decision.

Classification

    The Administrator, Southeast Region, NMFS, determined that
Amendment 27/14 is necessary for the conservation and management of the
Gulf red snapper fishery and that it is consistent with the Magnuson-
Stevens Act, and other applicable laws.
    This proposed rule has been determined to be significant for
purposes of Executive Order 12866.
    NMFS prepared an SEIS for this amendment. A notice of availability
for the draft SEIS was published on April 20, 2007 (72 FR 19928). A
notice of availability for the final SEIS was published on August 3,
2007 (72 FR 43271).
    A FRFA was prepared. The FRFA incorporates the initial regulatory
flexibility analysis, a summary of the significant economic issues
raised by public comments, NMFS responses to those comments, and a
summary of the analyses completed to support the action. A copy of the
full analysis is available from NMFS (see ADDRESSES). A summary of the
FRFA follows.
    The final rule will reduce the commercial quota from 4.65 million
lb (2.14 million kg) to 2.55 million lb (1.16 million kg) and the
recreational quota from 4.47 million lb (2.06 million kg) to 2.45
million lb (1.11 million kg), reduce the recreational bag limit from
four fish to two fish and the bag limit for captain and crew of for-
hire vessels to zero, reduce the commercial minimum size limit from 15
inches (38 cm) TL to 13 inches (33 cm) TL, require participants in all
Gulf reef fish fishery sectors to use non-stainless steel circle hooks
(when using natural baits) and to use venting tools and dehooking
devices, provides for seasonal area closures of the Gulf shrimp fishery
to reduce red snapper bycatch consistent with Amendment 27/

[[Page 5123]]

14's framework procedure, and establishes authority to adjust the
target shrimp bycatch reduction and effort levels and time-area
closures consistent with the framework procedure.
    The purpose of this final rule is to reduce red snapper catch,
bycatch, and discard mortality in the directed commercial and
recreational fisheries and the shrimp fishery in order to end
overfishing for red snapper between 2009 and 2010 and rebuild the stock
by 2032 in compliance with the red snapper rebuilding plan.
    Several public comments were received on the economic impact of the
rule. These comments stated that the economic impacts of the proposed
TAC reduction and associated measures on the charter industry and
associated businesses and communities were underestimated. Best
available survey and modeling results indicate that relatively few
angler trip cancellations are expected to occur as a result of this
action. Most survey respondents indicated that when faced with a
reduced red snapper bag limit, including a zero-fish bag limit, they
would either continue fishing for red snapper or fish for another
species. Fishing for other species may generate distributional effects
(i.e., the trips may occur from different ports, modes, or seasons,
resulting in one port/entity/season losing business while another
gains). These distributional effects, however, cannot be predicted with
current data. Additionally, contrary to the comments, preliminary data
through August 2007 do not support claims of widespread reductions in
charter business as a result of the interim reduction in the
recreational quota and bag limit. Because the recreational red snapper
fishery in Federal waters did not open until late April, data for May
through August 2007 were examined. During this period, approximately
461,000 trips were estimated to have been taken by recreational anglers
on charterboats in the Gulf from Florida through Louisiana (data for
Texas are not collected in the same data program and are not
available). This compares to an average of approximately 403,000 angler
trips per year for the previous 3 years, 2004 through 2006. Omitting
2006 data on the assumption that effort in that year was reduced due to
lingering effects of the Fall 2005 hurricanes, the annual average for
2004 through 2005 was only slightly greater, at approximately 405,000
angler trips. Thus, while these results do not address, and available
data cannot address, claims of severe economic loss by individual
entities, preliminary 2007 data do not support contentions of
widespread industry harm. Consistent with the projections, while effort
may have shifted to other species or other charter businesses, a
widespread reduction in effort as a result of the reduced interim
recreational quota and bag limit is not apparent. The management
measures in the final rule are more restrictive than the interim
measures, i.e., while the bag limit would remain at the interim 2-fish
bag limit, a lower quota results in a shorter open season. However,
because anglers indicated they would generally continue to fish under a
lower bag limit, including a 0-fish limit, widespread effort declines
are similarly not expected. For these reasons, no changes were made in
the final rule as a result of these comments.
    Additional public comments requested that the implementation of the
circle hook requirement be delayed to allow manufacturers,
distributors, and retailers sufficient time to produce and distribute
the hooks and ensure adequate stock is available to meet fisherman
demand. NMFS has revised this final rule to delay the effective date of
these new gear requirements until June 1, 2008.
    The management actions considered in this final rule are expected
to affect all vessels that operate in the commercial red snapper
fishery, all vessels that have a Federal reef fish for-hire permit, and
all dealers and processors that handle product from these fisheries.
Although this final rule contains actions that pertain to the
commercial shrimp fishery, these actions are not expected to impose any
direct adverse impacts on the shrimp fishery or associated entities.
    An IFQ program was implemented January 2007 for the commercial red
snapper fishery. Summary data on the fleet economics under this program
are not yet available. Prior to the implementation of the IFQ program,
however, 136 entities held Class 1 licenses that allowed a commercial
vessel trip limit of up to 2,000 lb (907 kg) of red snapper and 628
entities held Class 2 licenses that allowed a trip limit of up to 200
lb (91 kg) of red snapper. Between 2002 and 2004, the top 50 red
snapper vessels in terms of landings harvested 2.77 million lb (1.26
million kg) of red snapper, on average, or 64 percent of the industry
total. Vessels ranked 51 to 131 harvested 1.29 million lb (0.59 million
kg), on average, or 30 percent of the industry total for the same
period. Thus, the top 131 red snapper vessels accounted for
approximately 94 percent of the total industry red snapper landings.
Red snapper are mainly harvested by fishermen using vertical-line gear.
These fishermen accounted for approximately 90 percent of commercial
red snapper Gulf harvests, on average, between 2002 and 2004.
    Average annual gross receipts (2004 dollars) and net income (gross
receipts minus all costs) per vessel vary by gear type, area fished,
and volume of catch. High-volume vessels using vertical lines averaged
gross receipts and net income of $110,070 and $28,466 in the northern
Gulf, but only $67,979 and $23,822 in the eastern Gulf. Low-volume
vessels using vertical lines averaged gross receipts and net income of
$24,095 and $6,801 in the northern Gulf, but $24,588 and $4,479
respectively in the eastern Gulf. Vessels using bottom longlines
averaged gross receipts and net income of $116,989 and $25,452 for
high-volume vessels, but only $87,635 and $14,978 respectively for low-
volume vessels.
    The current fleet permitted to operate in the Gulf reef fish for-
hire sector is estimated to be 1,625 vessels. The for-hire fleet is
comprised of charterboats, which charge a fee on a vessel basis, and
headboats, which charge a fee on an individual angler (head) basis. The
average charterboat is estimated to generate $76,960 in annual revenues
and $36,758 in annual profits, whereas the appropriate values for the
average headboat are $404,172 and $338,209, respectively.
    The measures in this final rule are also expected to affect fish
dealers, particularly those that receive red snapper from harvesting
vessels. A Federal permit is required for a fish dealer to receive reef
fish from commercial vessels, and there are 227 dealers currently
permitted to buy and sell reef fish species. All reef fish processors
are included in this total because all processors must be dealers. Most
of these dealers are located in Florida (146), with 29 in Louisiana, 18
in Texas, 14 in Alabama, 5 in Mississippi, and 15 in states outside the
Gulf. In addition, vessels identify the dealers who receive their fish
on logbook reports. Commercial reef fish vessels with Federal permits
are required to sell their harvest only to permitted dealers. From 1997
through 2002, on average, 154 reef fish dealers actively bought and
sold red snapper. These dealers were distributed around the Gulf as
follows: 7 in Alabama, 96 in Florida, 22 in Louisiana, 7 in
Mississippi, and 22 in Texas. On average, Florida dealers purchased
approximately $1.8 million of red snapper, followed by Louisiana ($1.4
million), Texas ($1.3 million), Mississippi ($174,000), and Alabama

[[Page 5124]]

($88,000). These dealers may hold permits for multiple fisheries, but
it is not possible to determine what percentage of their total business
comes from the red snapper fishery.
    Approximately 2,000 vessels are expected to be issued a shrimp
moratorium permit, which has been required to operate in the Gulf
commercial EEZ shrimp fishery since March 26, 2007. Economic profiles
of these vessels are not available at this time. Prior to
implementation of the moratorium permit, approximately 2,666 vessels
were identified as qualifying for the permit based on historical
participation in the fishery. The following description of the shrimp
fleet is based on an assessment of these qualifying vessels.
    The average annual gross revenue (all harvest species) per
qualifying shrimp vessel in 2005 was approximately $116,000, while the
comparable figure for qualifying vessels active in the Gulf shrimp
fishery, i.e., vessels with recorded shrimp landings in 2005, was
approximately $152,000. In the same year, the maximum annual gross
revenue from shrimp by a vessel was approximately $757,000 for both
qualifying and active qualifying vessels, whereas the maximum annual
gross revenue for all harvest species was approximately $1.89 million
by an inactive qualifier and $757,000 for an active qualifier.
According to recent projections, on average, Gulf EEZ commercial shrimp
vessels are experiencing a -33 percent rate of return (net revenues/
total fixed and variable costs). These economic losses were projected
to continue until 2012.
    In 2005, 609 dealers were identified operating in the commercial
shrimp fishery. Employment information for this sector is not
available. In 2005, 60 processors in the shrimp fishery were
identified, employing approximately 3,400 persons, or an average of 56
employees per entity. The maximum number of employees for a shrimp
processor in 2005 was 353.
    The Small Business Administration (SBA) defines a small business in
the commercial fishing industry as an entity that is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has total annual average receipts not
in excess of $4.0 million annually (NAICS codes 114111 and 114112,
finfish and shellfish fishing). For for-hire vessels, these same
criteria apply except that the average annual receipts threshold is
$6.5 million (NAICS code 713990, recreational industries). For seafood
processors and dealers, the SBA uses an employee threshold rather than
a receipts threshold. The threshold is 500 or fewer persons on a full-
time, part-time, temporary, or other basis, at all its affiliated
operations worldwide for a seafood processor and 100 or fewer persons
for a seafood dealer.
    Some persons/entities are known to own multiple vessels (i.e.,
fleet operations) in the commercial red snapper fishery and in the
commercial reef fish fisheries in general, but the extent of such
operations is unknown. The maximum number of reef fish permits reported
owned by the same person/entity is 6 permits. Additional permits and
the revenues associated with those permits may be linked to an entity
through affiliation rules, but such affiliation links cannot be made
using existing data. Further, a definitive determination of whether any
commercial entity would be considered a large entity cannot be made
using average revenue information. However, since the average total
revenue in the commercial red snapper fishery between 2002 and 2004 was
$11.652 million, given the number of license holders in the fishery is
764, the summary statistics and the maximum number of permits owned by
a single person/entity provided above, NMFS determined that all
commercial reef fish harvest entities that will be affected by this
final rule are small entities.
    Fleet operations also exist in the for-hire sector, with at least
one entity reported to hold 12 permits. The bulk of the fleet, however,
consists of single permit operations. Thus, based on the average
revenue figures above, NMFS determined that all for-hire operations
that will be affected by this final rule are small entities.
    Average employment per reef fish dealer is unknown. Although
dealers and processors are not synonymous entities, total employment
for reef fish processors in the Southeast is approximately 700
individuals, both part and full time. While all processors must be
dealers, a dealer need not be a processor. Further, processing fish is
a more labor intensive than buying fish. Therefore, given the
employment estimate for the processing sector and the number of dealers
that participated in the fishery on average per year from 1997-2002
(154 dealers), NMFS assumed that the maximum number of employees for
reef fish dealers and processors are unlikely to surpass the SBA
employment benchmarks. Therefore, NMFS determined that all reef fish
dealers and processors that will be affected by this final rule are
small entities.
    As with the other fishery sectors, fleet operations are known to
exist in the commercial shrimp fishery, but the magnitude of such
cannot be determined using available data. Given the maximum revenue
per vessel figures noted above, NMFS determined that all shrimp vessels
that could be affected by this final rule are small entities.
    Similar to the reef fish industry, processing shrimp is more labor
intensive than buying shrimp. Thus, average employment in the shrimp
dealer sector is assumed to be less than that in the processing sector.
Because the maximum number of employees for a shrimp processor does not
exceed the SBA threshold, NMFS determined that all shrimp dealers and
processors that could be affected by this proposed rule are small entities.
    The red snapper recreational and commercial quota reductions are
expected to reduce profits in the for-hire and commercial sectors. In
the for-hire sector, declines in profits, approximated by net operating
revenue (gross revenue minus operating costs except labor) decreases,
are expected due to declines in individual angler trip bookings. Under
the 2.45 million lb (1.11 million kg) recreational quota and two-fish
bag limit, the for-hire sector is projected to lose approximately $1.1
million in annual net operating revenues per year. It is not possible
to accurately estimate the extent to which individual for-hire
operations will be affected by the quota reduction. Depending on the
geographic location of their operation, level of activity, reliance on
red snapper trips, variety of species available, and preferences of
their core clientele, some vessels will be impacted more than others.
Quantifying the number of vessels that will face the greatest economic
losses is not possible with available data. The average impact per
vessel will vary inversely with the number of vessels substantially
involved in and dependent upon the red snapper fishery. For example, if
the expected economic impacts were borne by 10 to 25 percent of the
fleet, average losses in net annual operating revenue per vessel would
be expected to range from approximately $2,700 to $6,800. These losses
still represent an average, however, and individual losses for some
vessels will be higher by an indeterminate amount.
    The assessment of impacts on for-hire profits was based on the
recreational quota and not season length. Although industry comment
during the development of the proposed rule indicated that a longer
open season was preferable to a shorter season, regardless of total
allowable catch, and would result in less economic losses, estimating
the differential economic

[[Page 5125]]

impacts of season length was not possible with available data. As a
result, the estimated reduction in for-hire profits is neutral with
respect to season length. If the red snapper season length is a
significant factor in for-hire profits, then the estimated $1.1 million
losses will understate the impacts of a shorter season by an
indeterminate amount.
    The commercial red snapper sector is expected to experience
reductions in profits, measured by changes in net operating revenue to
owners, captains, and crew, as a result of the lower quota specified by
the final rule. Some of these losses will be mitigated by the reduction
in the commercial minimum size limit. The impact analysis for the
commercial red snapper sector assumed the fishery was operating under
an IFQ program, which was implemented in January 2007. Under the IFQ,
the number of vessels operating in the fishery is expected to decline
substantially as quota shares are consolidated. However, since the IFQ
program has been operating less than one year, sufficient data on the
expected contraction is not yet available to indicate the size and type
of fleet that will develop. Therefore, the analysis of the expected
impacts of the commercial quota reduction assumed the fleet would
contract to homogenous fleets of a specific vessel size and
accompanying operational characteristics, with the resultant fleet
comprised of either more small vessels (35 ft (10.7 m)) or fewer large
vessels (65 ft (19.8 m)).
    Under the status quo commercial quota of 4.65 million lb (2.14
million kg), the fleet is projected to contract to between ninety-five
35-ft (10.7 m) vessels or thirty-nine 65-ft (19.8 m) vessels. The
average annual net operating revenue per vessel within each vessel size
class was estimated at $274,000 and $667,000, respectively. Under the
2.55 million lb (1.16 million kg) commercial quota in the final rule,
projected losses in net operating revenues to owners, captains, and
crew in the commercial sector are estimated to be approximately $11.5
million. The resultant fleet is projected to consist of between fifty-
two 35-ft (10.7-m) or twenty-two 65-ft (19.8-m) vessels, representing a
reduction of forty-three 35-ft (10.7-m) vessels to seventeen 65-ft
(19.8-m) vessels. For each of these potential fleets, the corresponding
average net operating revenue for remaining vessels was estimated at
$278,000 and $665,000, respectively. Average short-term net operating
revenue losses per vessel are estimated at $121,000 and $295,000 for
the 35-ft (10.7-m) and 65-ft (19.8-m) vessel classes, respectively.
    The reduction in the commercial quota is also expected to adversely
impact dealers and processors that purchase and sell red snapper.
Although substantial decreases in revenues collected from domestic red
snapper are anticipated, the expected losses to dealers and processors
cannot be quantified due to lack of firm-level gross revenues and
profit data. To mitigate the adverse economic impacts that will result
from the 45-percent decrease in the commercial quota, dealers and
processors may increase their reliance on imported snapper and use
other reef fish species as substitutes.
    The zero-fish captain and crew bag limit while on charter is not
expected to affect the profitability of for-hire operations because the
sale of recreational reef fish landings is already prohibited.
Requiring all persons aboard reef fish vessels to use non-stainless
steel circle hooks when using natural baits, venting tools, and
dehooking devices is expected to result in minimal impacts on the
profitability of small entities because of the current widespread use
of circle hooks, their competitive pricing, and the availability of
dehooking devices and venting tools for less than $15 each.
    The management measures considered in this final rule do not affect
the reporting or record-keeping requirements for reef fish and shrimp
vessels, dealers, or processors. This final rule does not require
additional records or report preparation.
    Four alternatives, including the status quo, were considered for
the action to set TAC and, thus, establish the recreational and
commercial quotas in the red snapper fishery. Three of the alternatives
include multiple options and sub-options to manage the recreational
fishery under the respective TACs and quotas. The first alternative,
the status quo, would not be consistent with assumptions related to
expected reductions in directed and bycatch mortality rates and would
not result in a sufficient, i.e., greater than 50 percent, probability
of the red snapper rebuilding plan's success. If implemented, the
status quo alternative would result in drastic TAC and quota reductions
in subsequent years and, thus, greater adverse economic impacts during
that time in order for the resource to continue on the designated
recovery path.
    The second alternative to the red snapper TAC would have reduced
the TAC to 7.0 million lb (3.175 million kg), with resultant commercial
and recreational quotas of 3.57 and 3.43 million lb (1.62 and 1.44
million kg), respectively. This alternative has the potential of
generating, depending upon the sub-option selected, lower short-term
adverse economic impacts than the final rule. However, a 7.0 million lb
(3.175 million kg) TAC is not consistent with the current mortality
reduction assumptions and would not provide the necessary greater than
50- percent probability of achieving the rebuilding plan objectives.
Like the status quo, this alternative would require greater TAC
reductions in subsequent years, thereby generating greater adverse
economic impacts over that time than the final rule.
    The third alternative to the red snapper TAC would have reduced the
TAC to 3.0 million lb (1.36 million kg), with resultant commercial and
recreational quotas of 1.53 and 1.47 million lb (0.69 and 0.67 million
kg), respectively. This alternative would have reduced the TAC and
quotas more than necessary to end overfishing within the specified time
period and would be expected to result in an overly restrictive
management approach with unnecessary and greater adverse economic
impacts than the final rule.
    Three alternatives, including the status quo, were considered for
the action addressing post-hurricane effort and landings reductions.
Although some post-hurricane reduction in effort and landings is
demonstrated by available data, the reductions are not consistent
across the entire fishery and are not expected to persist. Therefore,
the final rule does not assume any post-hurricane effort reduction in
the determination of the management measures necessary to limit the
recreational sector to its quota. The second alternative would have
assumed a 10-percent reduction in post-hurricane effort in the
recreational red snapper fishery. This alternative would extend the
fishing season and yield greater short term economic benefits than the
final rule. However, a 10-percent reduction in effort is not supported
by available data, and adopting such an assumption may result in a
failure to meet conservation goals, resulting in long-term negative
economic impacts relative to the proposed action. The third alternative
would have assumed a 25-percent reduction in post-hurricane effort and
landings. This alternative would result in a longer season than the
final rule and result in greater short-term economic benefits than the
final rule. However, a 25-percent reduction is also not supported by
available data, and adopting that assumption would be expected to
result in a failure to meet conservation goals, resulting in substantial
long-term negative economic impacts relative to the final rule.

[[Page 5126]]

    Two alternatives, including the status quo, were considered for the
action to set the captain and crew bag limit. The final rule will allow
the recreational red snapper fishing season to remain open 4-16 days
longer relative to the status quo. The status quo alternative, which
would allow the captain and crew to retain the angler bag limit, would
require either a shorter season or a lower bag limit for recreational
anglers to achieve the rebuilding goals. These more restrictive
measures would be expected to result in greater reductions in trip
demand and increased reductions in for-hire profits and angler value
than the final rule.
    Three alternatives, including the status quo, were considered for
the commercial red snapper minimum size limit. The first alternative to
the final rule, the status quo, would be expected to result in
continued unnecessary bycatch mortality and would not, therefore, meet
the Council's objectives. The 13-inch (33-cm) minimum size limit in the
commercial sector is expected to result in decreased economic impacts
to the fishery and associated industries due to increases in the
operational efficiency of commercial vessels and a potential ex-vessel
price increase for smaller fish. The third alternative would eliminate
the commercial minimum size limit. Eliminating the commercial minimum
size limit would increase user conflicts between the commercial and
recreational sectors since the recreational sector would have a 16-inch
(41 cm) minimum size limit, while the commercial sector would not have
any minimum size limit. Further, because no commercial market is
currently known to exist for red snapper smaller than 12 inches (30
cm), no additional benefits would be expected to accrue to the
commercial sector. Thus, the total economic impacts to the commercial
sector of an elimination of the minimum size limit would be expected to
be comparable to those of the final rule.
    Three alternatives, including the status quo, were considered for
the gear requirement action. The two alternatives that contained new
gear requirements contained options that specified the fisheries over
which the requirements would apply. The final rule will require the use
of non-stainless steel circle hooks when using natural baits, and
require the use of venting tools and dehooking devices for all
participants in the reef fish fisheries in the EEZ of the Gulf of
Mexico. The final rule will reduce bycatch and bycatch mortality in the
red snapper and reef fish fisheries and contribute to improving the
likelihood of success of the red snapper rebuilding plan. This is
expected to result in increased long-term economic benefits. The sub-
options that reduced the fisheries to which the gear requirements will
apply would be expected to result in less reduction in bycatch
mortality and lower long-term economic benefits than the final rule.
However, in general, little economic impact is expected because of the
current widespread use of circle hooks and the low cost of venting/
dehooking devices (less than $15 each).
    The first alternative to the final gear action would not impose new
gear requirements on fishermen and would not, in the short term, result
in any direct adverse economic impacts. However, this alternative would
not contribute to improving the likelihood of success of the red
snapper rebuilding plan. Relative to the final rule, this alternative
could result in more severe restrictions on fishery participants in the
long run and, thus, generate greater adverse economic impacts.
    The second alternative and associated sub-options to the final gear
action would specify only a minimum hook size. Compared to the final
rule, this alternative would be less effective in reducing bycatch and
bycatch mortality. As a result, in the long run, it would be expected
to result in smaller economic benefits than the final rule.
    Six alternatives, including the status quo, were considered for the
bycatch reduction target in the commercial shrimp fishery. The status
quo would not establish a bycatch reduction target, would not ensure
consistent reductions in bycatch fishing mortality on juvenile red
snapper in the shrimp fishery, and would not be consistent with the
2005 SEDAR assessment recommendations to further reduce bycatch fishing
mortality rates on the red snapper stock. The final rule incorporates a
target reduction of shrimp trawl bycatch mortality on red snapper 74
percent less than the benchmark years of 2001-2003 as specified in the
amendment, which is consistent with the red snapper quotas established
by final rule, and increases the probability of success of the red
snapper rebuilding plan. Establishment of the bycatch reduction target
is an administrative action and will not result in any direct adverse
economic effects.
    The second and third alternatives to the final bycatch reduction
target would establish lower reduction targets than the 74-percent
target reduction incorporated in the final rule. Like the final rule,
these alternatives are not expected to result in direct adverse
economic impacts. However, the lower targets do not contribute
sufficiently to increasing the likelihood of the success of the red
snapper rebuilding plan and could be expected to require further effort
reductions, resulting in more severe management measures in the long
run. The fourth alternative would, as will the final rule, incorporate
a 74-percent reduction in shrimp trawl bycatch mortality on red
snapper, but would not specify changes to the target or the method by
which the target might be adjusted in the future. Similarly, the fifth
alternative would establish a 74-percent reduction in shrimp trawl
bycatch mortality on red snapper, but would also explicitly link future
adjustments to the bycatch reduction target to red snapper stock
assessment updates.
    Four alternatives, including the status quo, were considered for
the action to potentially establish fishing restrictions for the EEZ
shrimp fishery in the Gulf of Mexico if the bycatch reduction target in
the fishery is not met. The first alternative to the final rule, the
status quo, would not establish potential fishing restrictions for the
Gulf shrimp fishery. The status quo would not result in direct or
indirect adverse economic impacts because potential restrictions would
not be established for the shrimp fishery. However, if effort
reductions in the fishery are not sufficient to achieve target goals,
this alternative may result in more severe future restrictions and
potentially greater adverse economic impacts than the enactment of
potential effort restrictions at this time.
    The final rule will, if necessary, establish a procedure for
implementing a seasonal closure in the 10- to 30-fathom (18- to 55-m)
zone of selected areas within statistical zones 10-21 in the Gulf of
Mexico via appropriate rulemaking. The closure is intended, when
possible, to begin on the same start date as the closure of the EEZ off
Texas. This measure will ensure that target reductions in shrimp trawl
bycatch mortality are met, is consistent with the red snapper quotas,
and will contribute to increasing the likelihood of the success of the
red snapper rebuilding plan. Establishment of this procedure is an
administrative action and will not result in any direct economic
effects. Direct economic impacts will only accrue if, in the future, it
is determined that the bycatch reduction target has not been met and a
seasonal closure is necessary. The direct economic effects of the
closure would be analyzed at that time, as appropriate.
    The second and third alternatives to the final action to establish
fishing restrictions if the bycatch reduction target in the fishery is
not met would also establish a procedure for

[[Page 5127]]

implementing seasonal closures, as necessary, in the 10 to 30-fathom
(18 to 55 m) zone of selected areas within statistical zones 10-21 in
the Gulf of Mexico but would consider alternative time frames for the
closures. As with the final rule, this procedure and associated
alternatives are administrative in nature and would not be expected to
result in any direct economic effects. Direct economic impacts would
only accrue if, in the future, it is determined that the bycatch
reduction target has not been met and a seasonal closure is necessary.
However, compared to the long-term benefits expected to accrue to the
red snapper fishery from the final rule, smaller long-term economic
benefits to the red snapper fishery would be expected from these
alternatives. The greater positive impacts associated with the final
rule are attributable to the intended starting date of any potential
closure coinciding with the movement of age 1 snapper from shrimp
grounds to larger structures.
    Two alternatives, including the status quo, were considered for the
action to establish a framework procedure to adjust effort in the
commercial shrimp fishery. The status quo would not establish a
framework procedure and would not support adjusting effort in the
commercial shrimp fishery in response to a failure to meet bycatch
reduction requirements in a timely and efficient manner. The final rule
will allow the Regional Administrator to implement closures based upon
annual shrimp effort assessments conducted by the Southeast Fisheries
Science Center. This procedure is expected to be the quickest and most
efficient approach to establishing closures. Two other options were
considered under the second alternative. These options would establish
less expedient means of implementing recommended closures. Direct
adverse economic impacts are not expected to result from the
alternatives included in this action because the establishment of a
framework procedure to adjust effort in the commercial shrimp fishery
is an administrative action. Direct effects will only accrue if shrimp
effort needs to be adjusted. The direct effects of any adjustment will
be analyzed at the time such action is initiated, as appropriate.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.

    Dated: January 23, 2008
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

• For the reasons set out in the preamble, 50 CFR part 622 is 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.  622.2, the definitions for ``circle hook,'' ``dehooking
device,'' and ``venting device'' are added in alphabetical order to
read as follows:

Sec.  622.2  Definitions and acronyms.

* * * * *
    Circle hook means a fishing hook designed and manufactured so that
the point is turned perpendicularly back to the shank to form a
generally circular, or oval, shape.
* * * * *
    Dehooking device means a device intended to remove a hook embedded
in a fish to release the fish with minimum damage.
* * * * *
    Venting device means a device intended to deflate the swim bladder
of a fish to release the fish with minimum damage.
* * * * *

• 3. In Sec.  622.34, paragraph (l) is added and the first sentence of
paragraph (m) is revised to read as follows:

Sec.  622.34  Gulf EEZ seasonal and/or area closures.

* * * * *
    (l) Closures of the Gulf shrimp fishery to reduce red snapper
bycatch. During a closure implemented in accordance with this paragraph
(l), trawling is prohibited within the specified closed area(s).
    (1) Procedure for determining need for and extent of closures. Each
year, in accordance with the applicable framework procedure established
in the FMP for the Shrimp Fishery in the Gulf of Mexico (FMP), the RA
will, if necessary, establish a seasonal area closure for the shrimp
fishery in all or a portion of the areas of the Gulf EEZ specified in
paragraphs (l)(2) through (l)(4) of this section. The RA's
determination of the need for such closure and its geographical scope
and duration will be based on an annual assessment, by the Southeast
Fisheries Science Center, of the shrimp effort and associated shrimp
trawl bycatch mortality on red snapper in the 10-30 fathom area of
statistical zones 10-21, compared to the 74-percent target reduction of
shrimp trawl bycatch mortality on red snapper from the benchmark years
of 2001-2003 established in the FMP. The framework procedure provides
for adjustment of this target reduction level, consistent with the red
snapper stock rebuilding plan and the findings of subsequent stock
assessments, via appropriate rulemaking. The assessment will use shrimp
effort data for the most recent 12-month period available and will
include a recommendation regarding the geographical scope and duration
of the closure. The Southeast Fisheries Science Center's assessment
will be provided to the RA on or about March 1 of each year. If the RA
determines that a closure is necessary, the closure falls within the
scope of the potential closures evaluated in the FMP, and good cause
exists to waive notice and comment, NMFS will implement the closure by
publication of a final rule in the Federal Register. If such good cause
waiver is not justified, NMFS will implement the closure via
appropriate notice and comment rulemaking. NMFS intends that any
closure implemented consistent with this paragraph (l) will begin on
the same date and time as the Texas closure unless circumstances
dictate otherwise.
    (2) Eastern zone. The eastern zone is bounded by rhumb lines
connecting, in order, the following points:

------------------------------------------------------------------------
Point             North lat.                        West long.
------------------------------------------------------------------------
A      29[deg]14'                        88[deg]57'
B      29[deg]24'                        88[deg]34'
C      29[deg]34'                        87[deg]38'
D      30[deg]04'                        87[deg]00'
E      30[deg]04'                        88[deg]41'
F      29[deg]36'                        88[deg]37'
G      29[deg]21'                        88[deg]59'
A      29[deg]14'                        88[deg]57'
------------------------------------------------------------------------

    (3) Louisiana zone. The Louisiana zone is bounded by rhumb lines
connecting, in order, the following points:

------------------------------------------------------------------------
Point             North lat.                        West long.
------------------------------------------------------------------------
A      29[deg]09.1'                      93[deg]41.4'
B      29[deg]09.25'                     92[deg]36'
C      28[deg]35'                        90[deg]44'
D      29[deg]09'                        89[deg]48'
E      28[deg]57'                        89[deg]34'
F      28[deg]40'                        90[deg]09'
G      28[deg]18'                        90[deg]33'
H      28[deg]25'                        91[deg]37'
I      28[deg]21.7'                      93[deg]28.4'
A      29[deg]09.1'                      93[deg]41.4'
------------------------------------------------------------------------

[[Page 5128]]

    (4) Texas zone. The Texas zone is bounded by rhumb lines
connecting, in order, the following points:

------------------------------------------------------------------------
Point             North lat.                        West long.
------------------------------------------------------------------------
A      29[deg]09.1'                      93[deg]41.4'
B      28[deg]44'                        95[deg]15'
C      28[deg]11'                        96[deg]17'
D      27[deg]44'                        96[deg]53'
E      27[deg]02'                        97[deg]11'
F      26[deg]00.5'                      96[deg]57.3'
G      26[deg]00.5'                      96[deg]35.85'
H      26[deg]24'                        96[deg]36'
I      26[deg]49'                        96[deg]52'
J      27[deg]12'                        96[deg]51'
K      27[deg]39'                        96[deg]33'
L      27[deg]55'                        96[deg]04'
M      28[deg]21.7'                      93[deg]28.4'
A      29[deg]09.1'                      93[deg]41.4'
------------------------------------------------------------------------

    (m)***
    The recreational fishery for red snapper in or from the Gulf EEZ is
closed from January 1 through May 31 and from October 1 through
December 31, each year. * * *
* * * * *

• 4. In Sec.  622.37, paragraph (d)(1)(vi) is removed 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 13 inches (38.1 cm), TL, for a fish taken by a person not subject
to the bag limit.
* * * * *

• 5. In Sec.  622.39, paragraphs (b)(1)(viii) through (b)(1)(x) are
removed, and paragraphs (b)(1)(iii) and (b)(1)(v) are revised to read
as follows:

Sec.  622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Red snapper -2. However, no red snapper may be retained by
the captain or crew of a vessel operating as a charter vessel or
headboat. The bag limit for such captain and crew is zero.
* * * * *
    (v) Gulf reef fish, combined, excluding those specified in
paragraphs (b)(1)(i) through (b)(1)(iv) and paragraphs (b)(1)(vi)
through (b)(1)(vii) of this section and excluding dwarf sand perch and
sand perch -20.
* * * * *

• 6. In Sec.  622.41, paragraph (m) is added to read as follows:

Sec.  622.41  Species specific limitations.

* * * * *
    (m) Required gear in the Gulf reef fish fishery. For a person on
board a vessel to fish for Gulf reef fish in the Gulf EEZ, the vessel
must possess on board and such person must use the gear as specified in
paragraphs (m)(1) through (m)(3) of this section.
    (1) Non-stainless steel circle hooks. Non-stainless steel circle
hooks are required when fishing with natural baits.
    (2) Dehooking device. At least one dehooking device is required and
must be used to remove hooks embedded in Gulf reef fish with minimum
damage. The hook removal device must be constructed to allow the hook
to be secured and the barb shielded without re-engaging during the
removal process. The dehooking end must be blunt, and all edges
rounded. The device must be of a size appropriate to secure the range
of hook sizes and styles used in the Gulf reef fish fishery.
    (3) Venting tool. At least one venting tool is required and must be
used to deflate the swim bladders of Gulf reef fish to release the fish
with minimum damage. This tool must be a sharpened, hollow instrument,
such as a hypodermic syringe with the plunger removed, or a 16-gauge
needle fixed to a hollow wooden dowel. A tool such as a knife or an
ice-pick may not be used. The venting tool must be inserted into the
fish at a 45-degree angle approximately 1 to 2 inches (2.54 to 5.08 cm)
from the base of the pectoral fin. The tool must be inserted just deep
enough to release the gases, so that the fish may be released with
minimum damage.

• 7. In Sec.  622.42, paragraphs (a)(1)(v) and (a)(3) are removed, and
paragraphs (a)(1)(i) and (a)(2) are revised to read as follows:

Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Red snapper -2.55 million lb (1.16 million kg), round weight.
* * * * *
    (2) Recreational quota for red snapper. The following quota applies
to persons who harvest red snapper other than under commercial vessel
permits for Gulf reef fish and the commercial quota specified in
paragraph (a)(1)(i) of this section -2.45 million lb (1.11 million kg),
round weight.
* * * * *

• 8. In Sec.  622.48, paragraph (i) is revised to read as follows:

Sec.  622.48  Adjustment of management measures.

* * * * *
    (i) Gulf shrimp. Closed seasons and areas, target effort and
fishing mortality reduction levels, bycatch reduction criteria, BRD
certification and decertification criteria, BRD testing protocol,
certified BRDs, and BRD specification.
* * * * *
[FR Doc. E8-1547 Filed 1-28-08; 8:45 am]
BILLING CODE 3510-22-S

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