[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Rules and Regulations]
[Pages 58334-58335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23992]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 970730185-7206-02]
RIN 0648-XY73
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Re-Opening of the 2010 Gulf of
Mexico Recreational Red Snapper Season
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; re-opening.
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SUMMARY: NMFS re-opens the recreational red snapper component of the
reef fish fishery in the exclusive economic zone (EEZ) of the Gulf of
Mexico (Gulf). NMFS previously determined the recreational red snapper
quota would be reached by 12:01 a.m., local time, July 24, 2010.
However, due to the Deepwater Horizon MC252 oil spill and the
associated large-area fishery closure (fishery closed area) in the
north-central Gulf where a substantial portion of the recreational red
snapper fishing efforts occurs, the latest landings estimates indicate
the quota was not reached by that date. Therefore, NMFS will re-open
the recreational red snapper season, for eight consecutive weekends
(Friday through Sunday), beginning October 1, 2010. The intent of this
action is to provide fishermen the opportunity to harvest the
recreational red snapper quota, and the opportunity to achieve the
optimum yield for the fishery, thus enhancing social and economic
benefits to the fishery.
DATES: The re-opening is effective each weekend, from 12:01 a.m., local
time, Fridays, through 12:01 a.m., local time, Mondays, beginning
October 1, 2010, until 12:01 a.m., local time, November 22, 2010. The
season will then be closed until it reopens on June 1, 2011, the
beginning of the 2011 recreational fishing season.
FOR FURTHER INFORMATION CONTACT: Steve Branstetter, telephone 727-824-
5305, fax 727-824-5308, e-mail [email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery is managed under
the Fishery Management Plan for the Reef Fish Resources of the Gulf of
Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery
Management Council (Council) and is implemented through regulations at
50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act).
On June 2, 2010, NMFS implemented a recreational quota for Gulf red
snapper of 3.403 million lb (1.544 million kg) and a commercial quota
of 3.542 million lb (1.607 million kg) through a regulatory amendment
(75 FR 23186, May 3, 2010). These quotas are based on the Councils(
recommended total allowable catch of 6.945 million lb (3.150 million
kg) for 2010 and subsequent fishing years, and the allocation ratios in
the FMP.
The Magnuson-Stevens Act requires NMFS to close the recreational
red snapper component of the Gulf reef fish fishery in Federal waters
when the quota is met or projected to be met. Finalized 2009
recreational landings data indicated the recreational quota was
projected to be met on or by July 23, 2010. Therefore, in the rule that
published May 3, 2010 (75 FR 23186), NMFS announced the recreational
red snapper fishing season would close at 12:01 a.m., local time, July
24, 2010, which constituted a 53-day fishing season.
Because of the Deepwater Horizon MC252 oil spill, NMFS subsequently
closed a large area in the north-central Gulf to fishing (fishery
closed area), resulting in lower than expected landings for
recreational red snapper. Because the fishery closed area is located
where a substantial portion of the recreational red snapper fishing
occurs, the Council did not expect the recreational red snapper quota
to be met by July 23rd. Therefore, at its June 2010 meeting, the
Council requested NMFS publish emergency rulemaking to authorize the RA
to re-open the recreational red snapper season after September 30th,
the end of the fishing season. A proposed rule was published on August
16, 2010 (75 FR 49883) and NMFS requested public comment through August
31, 2010. NMFS published a final rule in the same issue of the Federal
Register, authorizing the RA to re-open the recreational red snapper
fishing season after September 30th.
Based on the most recent landings data, NMFS has determined that 32
percent of the available recreational quota was landed by the July 23rd
closure date. Based on landings rates and the remaining recreational
quota of approximately 2.3 million lb (1.1 million kg), NMFS has
determined the recreational red snapper season can re-open. At its
August 2010 meeting, the Council voted to re-open the season on eight
consecutive Fridays, Saturdays, and Sundays, beginning at 12:01 a.m.,
local time, on October 1, 2010 and closing at 12:01 a.m., local time,
on Monday, November 22, 2010 (24 fishing days). In the interim, weekend
openings would start at 12:01 a.m., local time, on Fridays and stay
open through 12:01 a.m., local time, on Mondays. The season will then
be closed until 12:01 a.m., local time, June 1, 2011, the beginning of
the 2011 recreational fishing season.
During the open period, the bag and possession limit for
recreational Gulf red snapper is two fish. However, no red snapper may
be retained by the captain and crew of a vessel operating as a charter
vessel or headboat. The bag limit for such captain and crew is zero.
During the closed period, the bag and possession limit for
recreational Gulf red snapper is zero. A person aboard a vessel for
which a Federal charter vessel/headboat permit for Gulf reef fish has
been issued, must also abide by these closure provisions in state
waters if Federal regulations are more restrictive than applicable
state law.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, (AA), finds good cause to waive the requirement to provide prior
notice and opportunity for public comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(3)(B). Allowing prior
[[Page 58335]]
notice and opportunity for public comment on the re-opening is
unnecessary because the rule establishing the annual quota has already
been subject to notice and comment, and all that remains is to notify
the public that additional harvest remains in the established quota
and, therefore, the fishery will re-open for a limited time period.
This rule relieves a restriction by re-opening the recreational red
snapper season after September 30, the end of the fishing season.
Because it relieves a restriction, this rule is not subject to the 30-
day delayed effectiveness provision of the Administrative Procedures
Act pursuant to 5 U.S.C. 553(d)(1).
This action is taken under 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 21, 2010.
Carrie Selberg,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2010-23992 Filed 9-21-10; 4:15 pm]
BILLING CODE 3510-22-S