Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Rebuilding Plan, 11600-11604 [05-4608]
Download as PDF
<![CDATA[
11600
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Proposed Rules
rule or any policy or action of the Coast
Guard.
Collection of Information
This proposed rule calls for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A proposed rule has implications for
federalism under Executive Order
13132, Federalism, if it has a substantial
direct effect on State or local
governments and would either preempt
State law or impose a substantial direct
cost of compliance on them. We have
analyzed this proposed rule under that
Order and have determined that it does
not have implications for federalism.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this proposed rule would not
result in such expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule will not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This proposed rule is not an
economically significant rule and will
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
VerDate jul<14>2003
17:24 Mar 08, 2005
Jkt 205001
Governments, because it would not have
a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that Order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph 34(g), of the
Instruction, from further environmental
documentation because this rule is not
expected to result in any significant
adverse environmental impact as
described in NEPA.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
Under figure 2–1, paragraph (34)(g), of
the Instruction, an ‘‘Environmental
Analysis Check List’’ and a ‘‘Categorical
Exclusion Determination’’ are not
required for this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
§ 165.500
[Removed]
2. Remove § 165.500.
§ 165.503
[Removed]
3. Remove § 165.503.
165.511
[Removed]
4. Remove § 165.511.
Dated: February 28, 2005.
Sally Brice-O’Hara,
Rear Admiral, U.S. Coast Guard, Commander,
Fifth Coast Guard District.
[FR Doc. 05–4602 Filed 3–8–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 050228048–5048–01; I.D.
021705A]
RIN 0648–AS19
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Vermilion Snapper Rebuilding Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS issues proposed
regulations to implement Amendment
23 to the Fishery Management Plan
(FMP) for the Reef Fish Resources of the
Gulf of Mexico (Amendment 23)
E:\FR\FM\09MRP1.SGM
09MRP1
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Proposed Rules
prepared by the Gulf of Mexico Fishery
Management Council (Council). These
proposed regulations would increase the
minimum size limit for vermilion
snapper to 11 inches (27.9 cm), total
length (TL), for the recreational and
commercial sectors; establish a 10–fish
recreational bag limit for vermilion
snapper within the existing 20–fish
aggregate reef fish bag limit; and close
the commercial vermilion snapper
fishery from April 22 through May 31
each year. In addition, consistent with
the requirements of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), Amendment 23 would establish a
stock rebuilding plan, biological
reference points, and stock status
determination criteria for vermilion
snapper in the Gulf of Mexico. The
intended effect of these proposed
regulations is to end overfishing and
rebuild the vermilion snapper resource.
DATES: Written comments on the
proposed rule must be received no later
than 5 p.m., eastern time, on April 25,
2005.
ADDRESSES: You may submit comments
on the proposed rule by any of the
following methods:
• E-mail: 0648–
AS19.Proposed@noaa.gov. Include in
the subject line the following document
identifier: 0648–AS19.
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Peter Hood, Southeast
Regional Office, NMFS, 9721 Executive
Center Drive N., St. Petersburg, FL
33702.
• Fax: 727–570–5583 (through March
18, 2005), 727–824–5308 (on and after
March 22, 2005); Attention: Peter Hood.
Copies of Amendment 23, which
includes a Regulatory Impact Review
(RIR), Initial Regulatory Flexibility
Analyses (IRFAs), and a Final
Supplemental Environmental Impact
Statement (FSEIS), may be obtained
from the Gulf of Mexico Fishery
Management Council, The Commons at
Rivergate, 3018 U.S. Highway 301
North, Suite 1000, Tampa, FL 33619–
2266; telephone: 813–228–2815; fax:
813–225–7015; e-mail:
gulfcouncil@gulfcouncil.org. Copies of
Amendment 23 can also be downloaded
from the Council’s website at
www.gulfcouncil.org.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, telephone: 727–570–5305;
fax: 727–570–5583 (through March 18,
2005), 727–824–5308 (on and after
March 22, 2005); e-mail:
peter.hood@noaa.gov.
VerDate jul<14>2003
17:24 Mar 08, 2005
Jkt 205001
The reef
fish fishery in the exclusive economic
zone (EEZ) of the Gulf of Mexico is
managed under the FMP. The FMP was
prepared by the Council and is
implemented under the authority of the
Magnuson-Stevens Act by regulations at
50 CFR part 622.
SUPPLEMENTARY INFORMATION:
Background
In October 2003, NMFS declared the
Gulf of Mexico stock of vermilion
snapper to be overfished and
undergoing overfishing. This
determination was based, in part, on the
results of a 2001 NMFS vermilion
snapper stock assessment and review by
the Council’s Reef Fish Stock
Assessment Panel that found the stock
to be undergoing overfishing.
Subsequently, NMFS reexamined the
assessment, as well as more recent data
that ultimately supported the findings of
the assessment, and declared the Gulf of
Mexico vermilion snapper stock
overfished. Therefore, measures to end
overfishing and a rebuilding plan to
restore the stock to the stock biomass
needed to allow harvest at maximum
sustainable yield (BMSY) in 10 years or
less are still necessary.
Amendment 23 and this proposed
rule contain measures for vermilion
snapper that are designed to end
overfishing and initiate implementation
of the rebuilding plan in a manner that
allocates the necessary restrictions fairly
and equitably between the recreational
and commercial sectors of the fishery, as
required by the Magnuson-Stevens Act.
Stock Rebuilding Plan
Amendment 23 would establish a 10
year vermilion snapper rebuilding plan,
structured in one 4-year interval
followed by two 3 year intervals, that
would end overfishing and rebuild the
stock to BMSY. In Amendment 23, the
rebuilding plan begins in 2004 and
continues through 2013. However, due
to the time required to complete
supporting documentation,
implementation of this amendment will
not occur until 2005. Therefore, the
rebuilding plan has been moved forward
one year and will begin in 2005.
Measures to implement the plan are
designed to allocate the required
reductions equitably between the
commercial and recreational sectors.
The intervals are intended to provide
short-term stability for the management
and operation of the fishery, correlate
more closely with the timing of future
stock assessments, and provide a more
reasonable time period for assessing the
impacts of prior management actions.
The appropriate parameters for each
time interval, consistent with the overall
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
11601
objectives of the rebuilding plan, would
be determined based upon the most
recent stock assessment.
Initial (2005–2008) Implementation of
the Rebuilding Plan
Based on the results of the 2001
vermilion snapper stock assessment and
updated indices of abundance, the
allowable harvest for the first 4-year
interval starting in 2005 is 1.475 million
lb (0.664 million kg). This equates to a
25.5–percent reduction in harvest based
on the 2003 predicted landings. The
following measures in this proposed
rule are designed to achieve that
reduction fairly and equitably within
both the commercial and recreational
sectors.
Measures Applicable to the Recreational
Vermilion Snapper Fishery
This proposed rule would establish a
minimum size limit for recreationally
caught vermilion snapper of 11 inches
(27.9 cm) total length (TL) and a bag
limit of 10 fish within the 20 reef fish
aggregate bag limit. The increase in the
size limit, from 10 inches (25.4 cm) TL
to 11 inches (27.9 cm) TL, and the
further restriction of the bag limit would
achieve approximately a 21.5–percent
reduction relative to the estimated 2003
recreational harvest. Size limits are an
effective method to protect fish until
they become mature and have had a
chance to spawn. Ninety percent of
female vermilion snapper are mature by
8 inches (20.3 cm) TL, so the 11–inch
(27.9–cm) minimum size limit would
ensure that even the fastest growing fish
would be able to spawn before entering
the fishery. Reducing the bag limit
would reduce fishing mortality on legalsized fish.
The reduction in harvest achieved by
these measures is slightly less than the
target 25.5 percent specified by the
rebuilding plan. Vermilion snapper
harvest has increased dramatically from
the late 1980s and early 1990s
principally as a result of increases in
commercial harvest. This increase is
believed to have been the primary cause
of the overfishing and overfished
conditions that must now be addressed
by this amendment. Therefore, the
Council believed that less of the
socioeconomic cost of rebuilding the
fishery needed to be placed on the
recreational sector.
Measures Applicable to the Commercial
Vermilion Snapper Fishery
For the commercial fishery, this
proposed rule would establish a
vermilion snapper minimum size limit
of 11 inches (27.9 cm) TL and a closed
season from April 22 through May 31
E:\FR\FM\09MRP1.SGM
09MRP1
11602
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Proposed Rules
each year. This would achieve a 26.3–
percent harvest reduction from the
estimated 2003 commercial landings.
Increasing the minimum size limit from
10 inches (25.4 cm) to 11 inches (27.9
cm) TL would ensure that even the
fastest growing fish would be able to
spawn before entering the fishery, but
will initially increase the number of
discards early in the rebuilding plan
until the population rebuilds. The
season closure may increase discards
during the time period that the red
snapper fishery is open, May 1 through
May 10. However, the closed season
will provide some protection for
spawning vermilion snapper because
the closure is at the beginning of the
spawning season. The combination size
limit increase and season closure is
expected to produce a small initial net
economic loss during the first 5 years of
the rebuilding plan, but economic gains
should be realized during the second
half of the 10-year rebuilding period.
The reduction in harvest achieved by
these measures is slightly more than the
target 25.5 percent needed by the
rebuilding plan. As mentioned above,
increasing harvests by the commercial
sector are believed to have contributed
the most to the overfishing and
overfished conditions that must now be
addressed by this amendment.
Therefore, the Council believed that
more of the socioeconomic cost of
rebuilding the fishery needed to be
placed on the commercial sector.
Because the commercial sector lands the
majority of vermilion snapper (79
percent of the harvest between 1996 and
2002), the harvest reduction of 26.3
percent obtained by these measures was
deemed appropriate.
Biological Reference Points and Stock
Status Determination Criteria
Consistent with the requirements of
the Magnuson-Stevens Act, Amendment
23 would also establish the following
biological reference points and stock
status determination criteria for Gulf of
Mexico vermilion snapper: maximum
sustainable yield (MSY); optimum yield
(OY); maximum fishing mortality
threshold (MFMT) (the fishing mortality
rate which, if exceeded, constitutes
overfishing); and minimum stock size
threshold (MSST) (the stock size below
which the stock would be considered
overfished).
MSY = The yield associated with the
rate of instantaneous fishing mortality
that can produce maximum sustainable
yield (FMSY) when the stock is at
equilibrium. MSY is estimated to be
3.37 million lb (range 3.18 to 4.03
million lb) (1.52 million kg; range 1.43
to 1.81 million kg).
VerDate jul<14>2003
17:24 Mar 08, 2005
Jkt 205001
OY = The yield corresponding to a
fishing mortality rate (FOY) defined as
0.75*FMSY when the stock is at
equilibrium. During the rebuilding
period (2005–2014), OY is defined as
the allowable harvest for each year
based on the rebuilding strategy.
MFMT = FMSY (currently estimated at
0.32), or the fishing mortality consistent
with recovery to MSY in no more than
10 years.
MSST = (1–M)*BMSY (or BMSY proxy).
M is the natural mortality rate for
vermilion snapper and is currently
estimated to be 0.25. Because the most
recent stock assessment estimates BMSY
as 10.6 million lb (4.8 million kg),
MSST would equal 7.95 million lb (3.58
million kg).
Classification
At this time, NMFS has not
determined that Amendment 23, which
this proposed rule would implement, is
consistent with the national standards
of the Magnuson-Stevens Act and other
applicable laws. In making that
determination, NMFS will take into
account the data, views, and comments
received during the comment period on
Amendment 23 and the comment period
on this proposed rule.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Council prepared a final
supplemental environmental impact
statement (FSEIS) for Amendment 23; a
notice of availability was published on
February 24, 2005 (70 FR 9028). The
FSEIS concluded that the establishment
of biological reference points and status
determination criteria would have no
direct positive or negative significant
impacts on vermilion snapper, other
species, or participants in the vermilion
snapper fishery because they simply
provide fishery managers with reference
point to consider in developing fishery
management measures and assessing
fishery performance. The rebuilding
plan would increase the vermilion
snapper stock size and ensure the
stock’s ability to sustain itself over the
long term. This would provide
significant positive effects to the
biological and ecological environment.
While the rebuilding plan and
associated harvest reduction create
short-term economic losses in both the
recreational and commercial fisheries,
they are expected to create positive
long-term economic benefits when
compared to status quo.
NMFS prepared an IRFA as required
by section 603 of the Regulatory
Flexibility Act. The IRFA describes the
economic impact this proposed rule, if
adopted, would have on small entities.
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
A description of the action, why it is
being considered, and the legal basis for
this action are contained at the
beginning of this section in the
preamble and in the SUMMARY section
of the preamble. A summary of the
analysis follows.
The Magnuson-Stevens Act provides
the statutory basis for the proposed rule.
The proposed rule will set specific
sustainable fishing parameters for
vermilion snapper and establish a
rebuilding plan for the overfished
vermilion snapper stock.
The objectives of the proposed rule
are to bring management of the
vermilion snapper fishery into
compliance with requirements of the
Magnuson-Stevens Act by addressing
the overfished and overfishing
conditions of the vermilion snapper
stock and establishing a rebuilding plan
for the overfished vermilion snapper
stock.
The proposed rule would impact both
the commercial and recreational
participants in the Gulf reef fish fishery.
At present, both the commercial and forhire reef fish permits are under a
moratorium, and no new permits will be
issued during the moratorium. Reef fish
dealers in the Gulf are required to obtain
permits to handle reef fish caught in the
Gulf. There are 1,158 active commercial
reef fish permits (as of October 2003). Of
these commercial permitees, 441 vessels
reported in their logbook submissions to
have landed vermilion snapper, with
most using vertical line gear. There are
1,552 for-hire vessels with active
permits (as of October 2003). Also, there
are 431 dealers that purchase reef fish
from various vessels in the Gulf. The
proposed rule is expected to affect these
commercial vessels, for-hire vessels, and
fish dealers.
According to a survey of commercial
fishing vessels in the Gulf, average gross
receipts ranged from $24,095 for lowvolume vertical line vessels to $116,989
for high-volume longline vessels. The
average reef fish vessel generated annual
gross revenues of $65,200, of which
$7,400 was from sales of vermilion
snapper. Also, according to a survey of
reef fish processors in the Southeast,
employment by reef fish processors
totaled 700 individuals, both part and
full time. Given this number and the
likelihood that fish dealers are generally
of smaller size than processors,
employment by any of the affected
dealers is very likely to be less than 500
individuals. Furthermore, according to
two surveys of for-hire vessels in the
Gulf, average gross receipts for
charterboats range from $58,000 in the
eastern Gulf to $81,000 in the western
Gulf, or an overall average of $64,000.
E:\FR\FM\09MRP1.SGM
09MRP1
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Proposed Rules
Gross receipts for headboats range from
$281,000 in the eastern Gulf to $550,000
in the western Gulf, or an overall
average of $400,000. A fishing business
is considered a small entity if it is
independently owned and operated and
not dominant in its field of operation,
and if it has annual receipts not in
excess of $3.5 million in the case of
commercial harvesting entities or $6.0
million in the case of for-hire entities,
or if it has fewer than 500 employees in
the case of fish processors, or fewer than
100 employees in the case of fish
dealers. Given these data on earnings
and employment, the business entities
affected by the proposed rule are
determined to be small business
entities.
Measures for specifying sustainable
fishing parameters have no economic
impacts on small entities. These
specifications simply establish the
boundaries for management measures
that may need to be implemented.
Effects could be quantified and
addressed when such management
measures are promulgated
There are five rebuilding alternatives
under consideration. Alternative 1 is the
no action alternative and is not
considered a viable alternative because,
pursuant to the Magnuson-Stevens Act,
a rebuilding plan must be instituted for
the overfished vermilion snapper stock.
Alternative 2 is a 10-year rebuilding
plan using a constant harvest strategy.
Alternative 3, the Council’s preferred
alternative, is a 10-year rebuilding plan
using a stepped strategy. Alternative 4 is
a 10-year rebuilding plan using a
constant fishing mortality strategy.
Alternative 5 is a 7-year rebuilding plan
using a stepped strategy. As all
alternatives require harvest reductions,
at least in the initial years of the
rebuilding, all would result in negative
short-term impacts, but, as the stock
rebuilds, more positive benefits would
be realized. Over the short-run,
Alternative 2 results in the least
negative impacts, followed by Preferred
Alternative 3. Over time, however,
Alternative 2 would provide the lowest
overall economic impact on small
entities. Alternatives 4 and 5 would
provide higher positive economic
impacts than Preferred Alternative 3
over a period of 10 years, but, in the
early years of the rebuilding, these two
alternatives would bring about more
negative effects on small entities. Over
the entire period considered, the various
rebuilding alternatives may be ranked in
descending order in terms of net
economic impacts as follows:
Alternative 5, Alternative 4, Alternative
3, Alternative 2, and Alternative 1.
VerDate jul<14>2003
17:24 Mar 08, 2005
Jkt 205001
Measures to reduce harvest of the
recreational and commercial sectors
have direct and immediate impacts of
the operations of small entities. There
are six recreational management
measure alternatives under
consideration. Alternative 1 is the no
action alternative, which does not effect
any harvest reduction. Alternative 2
provides for a daily bag limit of 2 fish
per person within the existing 20–reef
fish aggregate bag limit. Alternative 3
imposes a minimum size limit of 11
inches (28 cm) total length (TL) with
either a 10–fish (Preferred Alternative
3A) or 7–fish (Alternative 3B) daily bag
limit per person within the existing 20–
reef fish aggregate bag limit. Alternative
4 considers the implicit recreational
allocation of total allowable catch as a
quota, and would subject the
recreational fishery to possible quota
closures. Alternative 5 requires
vermilion snapper seasonal closure from
May 1 to June 21 annually. Alternative
4 provides the most net revenues to forhire vessels in both the short term and
the long term. A good deal of this effect,
however, is due to the higher allocation
given to the recreational sector. All
other alternatives, including Preferred
Alternative 3A, would generate shortterm reductions but long-term increases
in vessel net revenues. Preferred
Alternative 3A results in the highest
negative impacts in the short term and
the lowest positive impacts in the long
term. Preferred Alternative 3A would
reduce for-hire vessel profits by $2.29
million ($1,476 per vessel) in the first 5
years of the rebuilding but would
increase profits by $5.05 million ($3,254
per vessel) in the subsequent rebuilding
period, resulting in an overall increase
in profits by $2.76 million ($1,778 per
vessel) for the entire 10-year rebuilding
period.
There are eight commercial
management alternatives under
consideration. Alternative 1 is the no
action alternative. Alternative 2
provides for a trip limit option of 1,625
lb (737 kg) of vermilion snapper.
Alternative 3 imposes a minimum size
limit of 12 inches (30.5 cm) TL.
Alternative 4A imposes an 11–inch (28–
cm) TL minimum size limit together
with a trip limit of 2,300 lb (1,043 kg)
of vermilion snapper. Alternative 4B
imposes an 11–inch (28–cm) TL
minimum size limit together with a trip
limit of 2,250 lb (1,021 kg) of vermilion
snapper. Alternative 5 imposes a quota
equivalent to a 67–percent allocation of
total allowable catch, thereby
potentially subjecting the commercial
fishery to quota closures. Alternative 6
provides for a vermilion snapper
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
11603
seasonal closure of August 1 through
September 30 and December 1 through
31 annually. Preferred Alternative 7
imposes an 11–inch (28–cm) TL size
limit and a 40-day closed season from
April 22 through May 31. All
alternatives would result in negative
effects in the short term. Over the 10year period, the seasonal closure
(Alternative 6), the quota (Alternative
5), and the 11–inch TL minimum size
along with the 40-day closure (Preferred
Alternative 7) would result in the largest
increase in net revenues. Size limit
alternatives would result in the least
increase in net revenues. In fact, the 12–
inch (30.5–cm) TL minimum size limit
would reduce net revenues over a 10year period. Preferred Alternative 7
would reduce commercial vessel profits
by $1.37 million ($3,107 per vessel) in
the first 5 years of the rebuilding but
would increase profits by $2.85 million
($6,463 per vessel) in the subsequent
period, resulting in an overall increase
in profits by $1.47 million ($3,333 per
vessel) for the entire 10-year rebuilding
period.
Copies of the IRFA are available from
NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: March 4, 2005.
John Oliver
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.34, paragraph (n) is revised
to read as follows:
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
*
*
(n) Seasonal closure of the
commercial fishery for vermilion
snapper. The commercial fishery for
vermilion snapper in or from the Gulf
EEZ is closed from April 22 through
May 31, each year. During the closure,
no person aboard a vessel for which a
valid Federal commercial permit for
Gulf reef fish has been issued may fish
for or possess vermilion snapper in the
Gulf, regardless of where harvested.
However, a person aboard a vessel for
E:\FR\FM\09MRP1.SGM
09MRP1
11604
Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Proposed Rules
which the permit indicates both charter
vessel/headboat for Gulf reef fish and
commercial Gulf reef fish may continue
to retain vermilion snapper under the
bag and possession limits specified in
§ 622.39(b)(1)(v) and (b)(2), respectively,
provided the vessel is operating as a
charter vessel or headboat. During the
closure, the sale or purchase of
vermilion snapper is prohibited as
specified in § 622.45(c)(5).
*
*
*
*
*
3. In § 622.37, paragraph (d)(1)(ii) is
revised to read as follows:
§ 622.37
*
Size limits.
*
*
(d) * * *
(1) * * *
VerDate jul<14>2003
*
*
17:24 Mar 08, 2005
Jkt 205001
(ii) Vermilion snapper--11 inches
(27.9 cm), TL.
*
*
*
*
*
4. In § 622.39, paragraph (b)(1)(v) is
revised to read as follows:
§ 622.39
Bag and possession limits.
*
*
*
*
*
(b) * * *
(1) * * *
(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, but not to
exceed 10 vermilion snapper.
*
*
*
*
*
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
5. In § 622.45, paragraph (c)(5) is
added to read as follows:
§ 622.45
Restrictions on sale/purchase.
*
*
*
*
*
(c) * * *
(5) From April 22 through May 31,
each year, no person may sell or
purchase vermilion snapper harvested
from the Gulf by a vessel with a valid
Federal commercial permit for Gulf reef
fish. This prohibition on sale/purchase
does not apply to vermilion snapper
that were harvested, landed ashore, and
sold prior to April 22 and were held in
cold storage by a dealer or processor.
*
*
*
*
*
[FR Doc. 05–4608 Filed 3–8–05; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\09MRP1.SGM
09MRP1
]]>Agencies
[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Proposed Rules]
[Pages 11600-11604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4608]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 050228048-5048-01; I.D. 021705A]
RIN 0648-AS19
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Vermilion Snapper Rebuilding
Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues proposed regulations to implement Amendment 23 to
the Fishery Management Plan (FMP) for the Reef Fish Resources of the
Gulf of Mexico (Amendment 23)
[[Page 11601]]
prepared by the Gulf of Mexico Fishery Management Council (Council).
These proposed regulations would increase the minimum size limit for
vermilion snapper to 11 inches (27.9 cm), total length (TL), for the
recreational and commercial sectors; establish a 10-fish recreational
bag limit for vermilion snapper within the existing 20-fish aggregate
reef fish bag limit; and close the commercial vermilion snapper fishery
from April 22 through May 31 each year. In addition, consistent with
the requirements of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), Amendment 23 would establish a
stock rebuilding plan, biological reference points, and stock status
determination criteria for vermilion snapper in the Gulf of Mexico. The
intended effect of these proposed regulations is to end overfishing and
rebuild the vermilion snapper resource.
DATES: Written comments on the proposed rule must be received no later
than 5 p.m., eastern time, on April 25, 2005.
ADDRESSES: You may submit comments on the proposed rule by any of the
following methods:
E-mail: 0648-AS19.Proposed@noaa.gov. Include in the
subject line the following document identifier: 0648-AS19.
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Peter Hood, Southeast Regional Office, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702.
Fax: 727-570-5583 (through March 18, 2005), 727-824-5308
(on and after March 22, 2005); Attention: Peter Hood.
Copies of Amendment 23, which includes a Regulatory Impact Review
(RIR), Initial Regulatory Flexibility Analyses (IRFAs), and a Final
Supplemental Environmental Impact Statement (FSEIS), may be obtained
from the Gulf of Mexico Fishery Management Council, The Commons at
Rivergate, 3018 U.S. Highway 301 North, Suite 1000, Tampa, FL 33619-
2266; telephone: 813-228-2815; fax: 813-225-7015; e-mail:
gulfcouncil@gulfcouncil.org. Copies of Amendment 23 can also be
downloaded from the Council's website at www.gulfcouncil.org.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-570-5305;
fax: 727-570-5583 (through March 18, 2005), 727-824-5308 (on and after
March 22, 2005); e-mail: peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive
economic zone (EEZ) of the Gulf of Mexico is managed under the FMP. The
FMP was prepared by the Council and is implemented under the authority
of the Magnuson-Stevens Act by regulations at 50 CFR part 622.
Background
In October 2003, NMFS declared the Gulf of Mexico stock of
vermilion snapper to be overfished and undergoing overfishing. This
determination was based, in part, on the results of a 2001 NMFS
vermilion snapper stock assessment and review by the Council's Reef
Fish Stock Assessment Panel that found the stock to be undergoing
overfishing. Subsequently, NMFS reexamined the assessment, as well as
more recent data that ultimately supported the findings of the
assessment, and declared the Gulf of Mexico vermilion snapper stock
overfished. Therefore, measures to end overfishing and a rebuilding
plan to restore the stock to the stock biomass needed to allow harvest
at maximum sustainable yield (BMSY) in 10 years or less are
still necessary.
Amendment 23 and this proposed rule contain measures for vermilion
snapper that are designed to end overfishing and initiate
implementation of the rebuilding plan in a manner that allocates the
necessary restrictions fairly and equitably between the recreational
and commercial sectors of the fishery, as required by the Magnuson-
Stevens Act.
Stock Rebuilding Plan
Amendment 23 would establish a 10 year vermilion snapper rebuilding
plan, structured in one 4-year interval followed by two 3 year
intervals, that would end overfishing and rebuild the stock to
BMSY. In Amendment 23, the rebuilding plan begins in 2004
and continues through 2013. However, due to the time required to
complete supporting documentation, implementation of this amendment
will not occur until 2005. Therefore, the rebuilding plan has been
moved forward one year and will begin in 2005. Measures to implement
the plan are designed to allocate the required reductions equitably
between the commercial and recreational sectors. The intervals are
intended to provide short-term stability for the management and
operation of the fishery, correlate more closely with the timing of
future stock assessments, and provide a more reasonable time period for
assessing the impacts of prior management actions. The appropriate
parameters for each time interval, consistent with the overall
objectives of the rebuilding plan, would be determined based upon the
most recent stock assessment.
Initial (2005-2008) Implementation of the Rebuilding Plan
Based on the results of the 2001 vermilion snapper stock assessment
and updated indices of abundance, the allowable harvest for the first
4-year interval starting in 2005 is 1.475 million lb (0.664 million
kg). This equates to a 25.5-percent reduction in harvest based on the
2003 predicted landings. The following measures in this proposed rule
are designed to achieve that reduction fairly and equitably within both
the commercial and recreational sectors.
Measures Applicable to the Recreational Vermilion Snapper Fishery
This proposed rule would establish a minimum size limit for
recreationally caught vermilion snapper of 11 inches (27.9 cm) total
length (TL) and a bag limit of 10 fish within the 20 reef fish
aggregate bag limit. The increase in the size limit, from 10 inches
(25.4 cm) TL to 11 inches (27.9 cm) TL, and the further restriction of
the bag limit would achieve approximately a 21.5-percent reduction
relative to the estimated 2003 recreational harvest. Size limits are an
effective method to protect fish until they become mature and have had
a chance to spawn. Ninety percent of female vermilion snapper are
mature by 8 inches (20.3 cm) TL, so the 11-inch (27.9-cm) minimum size
limit would ensure that even the fastest growing fish would be able to
spawn before entering the fishery. Reducing the bag limit would reduce
fishing mortality on legal-sized fish.
The reduction in harvest achieved by these measures is slightly
less than the target 25.5 percent specified by the rebuilding plan.
Vermilion snapper harvest has increased dramatically from the late
1980s and early 1990s principally as a result of increases in
commercial harvest. This increase is believed to have been the primary
cause of the overfishing and overfished conditions that must now be
addressed by this amendment. Therefore, the Council believed that less
of the socioeconomic cost of rebuilding the fishery needed to be placed
on the recreational sector.
Measures Applicable to the Commercial Vermilion Snapper Fishery
For the commercial fishery, this proposed rule would establish a
vermilion snapper minimum size limit of 11 inches (27.9 cm) TL and a
closed season from April 22 through May 31
[[Page 11602]]
each year. This would achieve a 26.3-percent harvest reduction from the
estimated 2003 commercial landings. Increasing the minimum size limit
from 10 inches (25.4 cm) to 11 inches (27.9 cm) TL would ensure that
even the fastest growing fish would be able to spawn before entering
the fishery, but will initially increase the number of discards early
in the rebuilding plan until the population rebuilds. The season
closure may increase discards during the time period that the red
snapper fishery is open, May 1 through May 10. However, the closed
season will provide some protection for spawning vermilion snapper
because the closure is at the beginning of the spawning season. The
combination size limit increase and season closure is expected to
produce a small initial net economic loss during the first 5 years of
the rebuilding plan, but economic gains should be realized during the
second half of the 10-year rebuilding period.
The reduction in harvest achieved by these measures is slightly
more than the target 25.5 percent needed by the rebuilding plan. As
mentioned above, increasing harvests by the commercial sector are
believed to have contributed the most to the overfishing and overfished
conditions that must now be addressed by this amendment. Therefore, the
Council believed that more of the socioeconomic cost of rebuilding the
fishery needed to be placed on the commercial sector. Because the
commercial sector lands the majority of vermilion snapper (79 percent
of the harvest between 1996 and 2002), the harvest reduction of 26.3
percent obtained by these measures was deemed appropriate.
Biological Reference Points and Stock Status Determination Criteria
Consistent with the requirements of the Magnuson-Stevens Act,
Amendment 23 would also establish the following biological reference
points and stock status determination criteria for Gulf of Mexico
vermilion snapper: maximum sustainable yield (MSY); optimum yield (OY);
maximum fishing mortality threshold (MFMT) (the fishing mortality rate
which, if exceeded, constitutes overfishing); and minimum stock size
threshold (MSST) (the stock size below which the stock would be
considered overfished).
MSY = The yield associated with the rate of instantaneous fishing
mortality that can produce maximum sustainable yield (FMSY)
when the stock is at equilibrium. MSY is estimated to be 3.37 million
lb (range 3.18 to 4.03 million lb) (1.52 million kg; range 1.43 to 1.81
million kg).
OY = The yield corresponding to a fishing mortality rate
(FOY) defined as 0.75*FMSY when the stock is at
equilibrium. During the rebuilding period (2005-2014), OY is defined as
the allowable harvest for each year based on the rebuilding strategy.
MFMT = FMSY (currently estimated at 0.32), or the
fishing mortality consistent with recovery to MSY in no more than 10
years.
MSST = (1-M)*BMSY (or BMSY proxy). M is the
natural mortality rate for vermilion snapper and is currently estimated
to be 0.25. Because the most recent stock assessment estimates
BMSY as 10.6 million lb (4.8 million kg), MSST would equal
7.95 million lb (3.58 million kg).
Classification
At this time, NMFS has not determined that Amendment 23, which this
proposed rule would implement, is consistent with the national
standards of the Magnuson-Stevens Act and other applicable laws. In
making that determination, NMFS will take into account the data, views,
and comments received during the comment period on Amendment 23 and the
comment period on this proposed rule.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council prepared a final supplemental environmental impact
statement (FSEIS) for Amendment 23; a notice of availability was
published on February 24, 2005 (70 FR 9028). The FSEIS concluded that
the establishment of biological reference points and status
determination criteria would have no direct positive or negative
significant impacts on vermilion snapper, other species, or
participants in the vermilion snapper fishery because they simply
provide fishery managers with reference point to consider in developing
fishery management measures and assessing fishery performance. The
rebuilding plan would increase the vermilion snapper stock size and
ensure the stock's ability to sustain itself over the long term. This
would provide significant positive effects to the biological and
ecological environment. While the rebuilding plan and associated
harvest reduction create short-term economic losses in both the
recreational and commercial fisheries, they are expected to create
positive long-term economic benefits when compared to status quo.
NMFS prepared an IRFA as required by section 603 of the Regulatory
Flexibility Act. The IRFA describes the economic impact this proposed
rule, if adopted, would have on small entities. A description of the
action, why it is being considered, and the legal basis for this action
are contained at the beginning of this section in the preamble and in
the SUMMARY section of the preamble. A summary of the analysis follows.
The Magnuson-Stevens Act provides the statutory basis for the
proposed rule. The proposed rule will set specific sustainable fishing
parameters for vermilion snapper and establish a rebuilding plan for
the overfished vermilion snapper stock.
The objectives of the proposed rule are to bring management of the
vermilion snapper fishery into compliance with requirements of the
Magnuson-Stevens Act by addressing the overfished and overfishing
conditions of the vermilion snapper stock and establishing a rebuilding
plan for the overfished vermilion snapper stock.
The proposed rule would impact both the commercial and recreational
participants in the Gulf reef fish fishery. At present, both the
commercial and for-hire reef fish permits are under a moratorium, and
no new permits will be issued during the moratorium. Reef fish dealers
in the Gulf are required to obtain permits to handle reef fish caught
in the Gulf. There are 1,158 active commercial reef fish permits (as of
October 2003). Of these commercial permitees, 441 vessels reported in
their logbook submissions to have landed vermilion snapper, with most
using vertical line gear. There are 1,552 for-hire vessels with active
permits (as of October 2003). Also, there are 431 dealers that purchase
reef fish from various vessels in the Gulf. The proposed rule is
expected to affect these commercial vessels, for-hire vessels, and fish
dealers.
According to a survey of commercial fishing vessels in the Gulf,
average gross receipts ranged from $24,095 for low-volume vertical line
vessels to $116,989 for high-volume longline vessels. The average reef
fish vessel generated annual gross revenues of $65,200, of which $7,400
was from sales of vermilion snapper. Also, according to a survey of
reef fish processors in the Southeast, employment by reef fish
processors totaled 700 individuals, both part and full time. Given this
number and the likelihood that fish dealers are generally of smaller
size than processors, employment by any of the affected dealers is very
likely to be less than 500 individuals. Furthermore, according to two
surveys of for-hire vessels in the Gulf, average gross receipts for
charterboats range from $58,000 in the eastern Gulf to $81,000 in the
western Gulf, or an overall average of $64,000.
[[Page 11603]]
Gross receipts for headboats range from $281,000 in the eastern Gulf to
$550,000 in the western Gulf, or an overall average of $400,000. A
fishing business is considered a small entity if it is independently
owned and operated and not dominant in its field of operation, and if
it has annual receipts not in excess of $3.5 million in the case of
commercial harvesting entities or $6.0 million in the case of for-hire
entities, or if it has fewer than 500 employees in the case of fish
processors, or fewer than 100 employees in the case of fish dealers.
Given these data on earnings and employment, the business entities
affected by the proposed rule are determined to be small business
entities.
Measures for specifying sustainable fishing parameters have no
economic impacts on small entities. These specifications simply
establish the boundaries for management measures that may need to be
implemented. Effects could be quantified and addressed when such
management measures are promulgated
There are five rebuilding alternatives under consideration.
Alternative 1 is the no action alternative and is not considered a
viable alternative because, pursuant to the Magnuson-Stevens Act, a
rebuilding plan must be instituted for the overfished vermilion snapper
stock. Alternative 2 is a 10-year rebuilding plan using a constant
harvest strategy. Alternative 3, the Council's preferred alternative,
is a 10-year rebuilding plan using a stepped strategy. Alternative 4 is
a 10-year rebuilding plan using a constant fishing mortality strategy.
Alternative 5 is a 7-year rebuilding plan using a stepped strategy. As
all alternatives require harvest reductions, at least in the initial
years of the rebuilding, all would result in negative short-term
impacts, but, as the stock rebuilds, more positive benefits would be
realized. Over the short-run, Alternative 2 results in the least
negative impacts, followed by Preferred Alternative 3. Over time,
however, Alternative 2 would provide the lowest overall economic impact
on small entities. Alternatives 4 and 5 would provide higher positive
economic impacts than Preferred Alternative 3 over a period of 10
years, but, in the early years of the rebuilding, these two
alternatives would bring about more negative effects on small entities.
Over the entire period considered, the various rebuilding alternatives
may be ranked in descending order in terms of net economic impacts as
follows: Alternative 5, Alternative 4, Alternative 3, Alternative 2,
and Alternative 1.
Measures to reduce harvest of the recreational and commercial
sectors have direct and immediate impacts of the operations of small
entities. There are six recreational management measure alternatives
under consideration. Alternative 1 is the no action alternative, which
does not effect any harvest reduction. Alternative 2 provides for a
daily bag limit of 2 fish per person within the existing 20-reef fish
aggregate bag limit. Alternative 3 imposes a minimum size limit of 11
inches (28 cm) total length (TL) with either a 10-fish (Preferred
Alternative 3A) or 7-fish (Alternative 3B) daily bag limit per person
within the existing 20-reef fish aggregate bag limit. Alternative 4
considers the implicit recreational allocation of total allowable catch
as a quota, and would subject the recreational fishery to possible
quota closures. Alternative 5 requires vermilion snapper seasonal
closure from May 1 to June 21 annually. Alternative 4 provides the most
net revenues to for-hire vessels in both the short term and the long
term. A good deal of this effect, however, is due to the higher
allocation given to the recreational sector. All other alternatives,
including Preferred Alternative 3A, would generate short-term
reductions but long-term increases in vessel net revenues. Preferred
Alternative 3A results in the highest negative impacts in the short
term and the lowest positive impacts in the long term. Preferred
Alternative 3A would reduce for-hire vessel profits by $2.29 million
($1,476 per vessel) in the first 5 years of the rebuilding but would
increase profits by $5.05 million ($3,254 per vessel) in the subsequent
rebuilding period, resulting in an overall increase in profits by $2.76
million ($1,778 per vessel) for the entire 10-year rebuilding period.
There are eight commercial management alternatives under
consideration. Alternative 1 is the no action alternative. Alternative
2 provides for a trip limit option of 1,625 lb (737 kg) of vermilion
snapper. Alternative 3 imposes a minimum size limit of 12 inches (30.5
cm) TL. Alternative 4A imposes an 11-inch (28-cm) TL minimum size limit
together with a trip limit of 2,300 lb (1,043 kg) of vermilion snapper.
Alternative 4B imposes an 11-inch (28-cm) TL minimum size limit
together with a trip limit of 2,250 lb (1,021 kg) of vermilion snapper.
Alternative 5 imposes a quota equivalent to a 67-percent allocation of
total allowable catch, thereby potentially subjecting the commercial
fishery to quota closures. Alternative 6 provides for a vermilion
snapper seasonal closure of August 1 through September 30 and December
1 through 31 annually. Preferred Alternative 7 imposes an 11-inch (28-
cm) TL size limit and a 40-day closed season from April 22 through May
31. All alternatives would result in negative effects in the short
term. Over the 10-year period, the seasonal closure (Alternative 6),
the quota (Alternative 5), and the 11-inch TL minimum size along with
the 40-day closure (Preferred Alternative 7) would result in the
largest increase in net revenues. Size limit alternatives would result
in the least increase in net revenues. In fact, the 12-inch (30.5-cm)
TL minimum size limit would reduce net revenues over a 10-year period.
Preferred Alternative 7 would reduce commercial vessel profits by $1.37
million ($3,107 per vessel) in the first 5 years of the rebuilding but
would increase profits by $2.85 million ($6,463 per vessel) in the
subsequent period, resulting in an overall increase in profits by $1.47
million ($3,333 per vessel) for the entire 10-year rebuilding period.
Copies of the IRFA are available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: March 4, 2005.
John Oliver
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is
proposed to be amended as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.34, paragraph (n) is revised to read as follows:
Sec. 622.34 Gulf EEZ seasonal and/or area closures.
* * * * *
(n) Seasonal closure of the commercial fishery for vermilion
snapper. The commercial fishery for vermilion snapper in or from the
Gulf EEZ is closed from April 22 through May 31, each year. During the
closure, no person aboard a vessel for which a valid Federal commercial
permit for Gulf reef fish has been issued may fish for or possess
vermilion snapper in the Gulf, regardless of where harvested. However,
a person aboard a vessel for
[[Page 11604]]
which the permit indicates both charter vessel/headboat for Gulf reef
fish and commercial Gulf reef fish may continue to retain vermilion
snapper under the bag and possession limits specified in Sec.
622.39(b)(1)(v) and (b)(2), respectively, provided the vessel is
operating as a charter vessel or headboat. During the closure, the sale
or purchase of vermilion snapper is prohibited as specified in Sec.
622.45(c)(5).
* * * * *
3. In Sec. 622.37, paragraph (d)(1)(ii) is revised to read as
follows:
Sec. 622.37 Size limits.
* * * * *
(d) * * *
(1) * * *
(ii) Vermilion snapper--11 inches (27.9 cm), TL.
* * * * *
4. In Sec. 622.39, paragraph (b)(1)(v) is revised to read as
follows:
Sec. 622.39 Bag and possession limits.
* * * * *
(b) * * *
(1) * * *
(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, but not to exceed 10 vermilion snapper.
* * * * *
5. In Sec. 622.45, paragraph (c)(5) is added to read as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(c) * * *
(5) From April 22 through May 31, each year, no person may sell or
purchase vermilion snapper harvested from the Gulf by a vessel with a
valid Federal commercial permit for Gulf reef fish. This prohibition on
sale/purchase does not apply to vermilion snapper that were harvested,
landed ashore, and sold prior to April 22 and were held in cold storage
by a dealer or processor.
* * * * *
[FR Doc. 05-4608 Filed 3-8-05; 8:45 am]
BILLING CODE 3510-22-S
