Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of Mexico Recreational Fishery for Red Snapper, 21558-21559 [E9-10822]

Download as PDF 21558 Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations M. Environment health or risk to safety that may disproportionately affect children. J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination With Indian Tribal Governments, because it does 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. K. Energy Effects We have analyzed this 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. hsrobinson on PROD1PC76 with RULES L. 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. In the separate action of a recognized classification society issuing an IAPP, any technical standards applied would be those from MARPOL Annex VI itself and 33 U.S.C. 1907(a), which makes it unlawful to act in violation of the MARPOL Protocol. MARPOL Protocol is now defined to include Annex VI. 33 U.S.C. 1901(a)(4)&(5). VerDate Nov<24>2008 14:27 May 07, 2009 Jkt 217001 DEPARTMENT OF COMMERCE We have analyzed this rule under Department of Homeland Security Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. Therefore, this rule is categorically excluded, under section 2.B.2. Figure 2–1, paragraph 34(d), from the Instruction and neither an environmental assessment nor an environmental impact statement is required. This rule involves IAPP certificates and falls within the documentation portion of this categorical exclusion. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 970730185–7206–02] RIN 0648–XO98 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of Mexico Recreational Fishery for Red Snapper AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the recreational fishery for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). In addition, a person aboard a vessel for which a Federal charter vessel/headboat permit for Gulf reef fish has been issued, must also List of Subjects for 46 CFR Part 8 abide by these closure provisions in Administrative practice and state waters if the Federal closure procedure, Incorporation by reference, provisions are more restrictive than Organization and functions applicable state law. NMFS has (Government agencies), Reporting and determined this action is necessary to recordkeeping requirements, Vessels. prevent the recreational fishery from ■ For the reasons discussed in the exceeding its quota for the fishing year. preamble, the Coast Guard amends 46 This closure is necessary to prevent CFR part 8 as follows: overfishing of Gulf red snapper. DATES: The closure is effective 12:01 PART 8—VESSEL INSPECTION a.m., local time, August 15, 2009, ALTERNATIVES through December 31, 2009. The ■ 1. The authority citation for part 8 recreational fishery will reopen on June continues to read as follows: 1, 2010, the beginning of the 2010 recreational fishing season. Authority: 46 U.S.C. 3103, 3306, 3316, FOR FURTHER INFORMATION CONTACT: Dr. 3703; Department of Homeland Security Delegation No. 0170.1. Steve Branstetter, telephone 727–551– 5796, fax 727–824–5308, e-mail ■ 2. In § 8.320— Steve.Branstetter@noaa.gov. ■ a. In paragraph (b)(10), remove the SUPPLEMENTARY INFORMATION: The red word ‘‘and’’; snapper fishery of the Gulf of Mexico is ■ b. In paragraph (b)(11), remove the managed under the Fishery period and add, in its place, ‘‘; and’’; Management Plan for the Reef Fish and Resources of the Gulf of Mexico (FMP). ■ c. Add new paragraph (b)(12) to read The FMP was prepared by the Gulf of as follows: Mexico Fishery Management Council § 8.320 Classification society authorization (Council) and is implemented under the to issue international certificates. authority of the Magnuson-Stevens * * * * * Fishery Conservation and Management Act (Magnuson-Stevens Act) by (b) * * * (12) MARPOL 73/78 International Air regulations at 50 CFR part 622. Pollution Prevention Certificate. Background * * * * * Constraining harvest to the quota is Dated: April 30, 2009. crucial to meeting the legal Jeffrey G. Lantz, requirements to prevent and end U.S. Coast Guard, Director, Commercial overfishing and rebuild the red snapper Regulations and Standards. resource of the Gulf of Mexico. On [FR Doc. E9–10749 Filed 5–7–09; 8:45 am] February 28, 2008, new fishing regulations were implemented by NMFS BILLING CODE 4910–15–P PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\08MYR1.SGM 08MYR1 hsrobinson on PROD1PC76 with RULES Federal Register / Vol. 74, No. 88 / Friday, May 8, 2009 / Rules and Regulations to reduce the harvest and discard of red snapper in the Gulf commercial and recreational directed snapper fishery and shrimp fishery. Regulatory changes for the recreational fishery included reducing the recreational quota to 2.45 million lb (1.11 million kg), reducing the recreational bag limit from 4 to 2 fish per person, prohibiting for-hire captain and crew from retaining bag limits of red snapper while under charter, and reducing the recreational season length from 194 days (April 21– October 31) to 122 days (June 1– September 30). On March 25, 2008, NMFS announced the Gulf red snapper recreational fishery was being closed effective August 5, 2008, for the remainder of the 2008 fishing year (73 FR 15674). Projections at that time indicated the quota would be met or exceeded by that date due to incompatible regulations with some Gulf states. Despite the early closure and new regulatory measures, 2008 recreational red snapper landings were 3.65 million lb (1.66 million kg)-exceeding the quota by 1.2 million lb (0.5 million kg). This overage was in part due to incompatible regulations with some Gulf states, as well as larger, heavier red snapper being landed in 2008. In 2009, red snapper state fishing season changes are proposed for the states of Alabama and Florida to further reduce recreational red snapper harvest. Both Florida and Alabama are proposing fishing seasons in state waters consistent with the Federal fishing season. No changes to fishing seasons are proposed for the remaining Gulf states. The fishing season in state waters off Mississippi will be the same as the Federal red snapper season, Louisiana’s season currently extends from June 1 through September 30 but compatibility with the Federal fishing season is anticipated, and Texas will maintain a year-round fishing season in state waters. Using reported landings for 2008, and taking into account state regulatory changes in 2009, NMFS projects the 2009 recreational red snapper quota will be met on August 14, 2009. Therefore, in accordance with 50 CFR 622.43(a), NMFS is closing the recreational red snapper fishery in the Gulf EEZ effective 12:01 a.m. local time on August 15, 2009; the recreational fishery will reopen on June 1, 2010, the beginning of the 2010 recreational fishing season. This quota closure also complies with section 407(d) of the Magnuson-Stevens Act, which requires that the retention of red snapper be prohibited for the remainder of the fishing year once the quota is met. VerDate Nov<24>2008 14:27 May 07, 2009 Jkt 217001 In addition to the Gulf EEZ closure, as specified in 50 CFR 622.4(a)(1)(iv), 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 regarding this closure are more restrictive than applicable state law. The closure is intended to prevent overfishing and increase the likelihood that the 2009 quota will not be exceeded. A detailed summary of the quota closure analysis can be found at https://sero.nmfs.noaa.gov/. 21559 Authority: 16 U.S.C. 1801 et seq. Dated: May 5, 2009. Kristen C. Koch, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–10822 Filed 5–7–09; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 Classification [Docket No.070817467–8554–02] This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(3)(B). Such procedures would be unnecessary because the rule implementing the quota and the associated requirement for closure of the fishery when the quota is reached or projected to be reached already has been subject to notice and comment, and all that remains is to notify the public of the closure. NMFS is mandated by section 407(d) of the Magnuson-Stevens Act, to establish this quota; keep harvest within the quota; and close the fishery when the quota is reached. NMFS also has a legal obligation to keep harvest within the quota limits established by the stock rebuilding plan in the FMP. Providing prior notice and opportunity for public comment on this action would be contrary to the public interest. Many of those affected by this closure, particularly charter vessel and headboat operations, book trips for clients months in advance and, therefore, need as much time as possible to adjust business plans to account for the closure. Delaying announcement of the closure rule to accommodate prior public notice and comment would result in significantly less advance notice of the definitive closure date; decrease the time available for affected participants to adjust business plans; and be very disruptive. Given the legal obligation to implement this closure in a timely manner, NMFS believes it is important to establish the closure date as soon as possible to allow affected participants the maximum amount of time to adjust their fishing activities consistent with the closure. This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. RIN 0648–XP03 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Limited Access General Category Scallop Fishery to Individual Fishing Quota Scallop Vessels AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS announces that the Limited Access General Category (LAGC) Scallop Fishery will close to individual fishing quota (IFQ) scallop vessels until it re-opens on June 1, 2009, under current regulations. This action is based on the determination that the first quarter scallop total allowable catch (TAC) for LAGC IFQ scallop vessels (including vessels issued an IFQ letter of authorization (LOA) to fish under appeal), is projected to be landed. This action is being taken to prevent IFQ scallop vessels from exceeding the 2009 first quarter TAC, in accordance with the regulations implementing Amendment 11 to the Atlantic Sea Scallop Fishery Management Plan (FMP), enacted by Framework 19 to the FMP, and the Magnuson-Stevens Fishery Conservation and Management Act. DATES: The closure of the LAGC fishery to all IFQ scallop vessels is effective 0001 hr local time, May 6, 2009, through May 31, 2009. FOR FURTHER INFORMATION CONTACT: Don Frei, Fishery Management Specialist, (978) 281–9221, fax (978) 281–9135. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the LAGC fishery are found at §§ 648.59 and 648.60. Regulations specifically governing IFQ scallop vessel operations E:\FR\FM\08MYR1.SGM 08MYR1

Agencies

[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21558-21559]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10822]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970730185-7206-02]
RIN 0648-XO98


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of 
Mexico Recreational Fishery for Red Snapper

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

ACTION:  Temporary rule; closure.

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SUMMARY:  NMFS closes the recreational fishery for red snapper in the 
exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). In 
addition, 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 the Federal closure 
provisions are more restrictive than applicable state law. NMFS has 
determined this action is necessary to prevent the recreational fishery 
from exceeding its quota for the fishing year. This closure is 
necessary to prevent overfishing of Gulf red snapper.

DATES:  The closure is effective 12:01 a.m., local time, August 15, 
2009, through December 31, 2009. The recreational fishery will reopen 
on June 1, 2010, the beginning of the 2010 recreational fishing season.

FOR FURTHER INFORMATION CONTACT:  Dr. Steve Branstetter, telephone 727-
551-5796, fax 727-824-5308, e-mail Steve.Branstetter@noaa.gov.

SUPPLEMENTARY INFORMATION: The red snapper fishery of the Gulf of 
Mexico is managed under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf 
of Mexico Fishery Management Council (Council) and is implemented under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622.

Background

    Constraining harvest to the quota is crucial to meeting the legal 
requirements to prevent and end overfishing and rebuild the red snapper 
resource of the Gulf of Mexico. On February 28, 2008, new fishing 
regulations were implemented by NMFS

[[Page 21559]]

to reduce the harvest and discard of red snapper in the Gulf commercial 
and recreational directed snapper fishery and shrimp fishery. 
Regulatory changes for the recreational fishery included reducing the 
recreational quota to 2.45 million lb (1.11 million kg), reducing the 
recreational bag limit from 4 to 2 fish per person, prohibiting for-
hire captain and crew from retaining bag limits of red snapper while 
under charter, and reducing the recreational season length from 194 
days (April 21-October 31) to 122 days (June 1-September 30).
    On March 25, 2008, NMFS announced the Gulf red snapper recreational 
fishery was being closed effective August 5, 2008, for the remainder of 
the 2008 fishing year (73 FR 15674). Projections at that time indicated 
the quota would be met or exceeded by that date due to incompatible 
regulations with some Gulf states. Despite the early closure and new 
regulatory measures, 2008 recreational red snapper landings were 3.65 
million lb (1.66 million kg)--exceeding the quota by 1.2 million lb 
(0.5 million kg). This overage was in part due to incompatible 
regulations with some Gulf states, as well as larger, heavier red 
snapper being landed in 2008.
    In 2009, red snapper state fishing season changes are proposed for 
the states of Alabama and Florida to further reduce recreational red 
snapper harvest. Both Florida and Alabama are proposing fishing seasons 
in state waters consistent with the Federal fishing season. No changes 
to fishing seasons are proposed for the remaining Gulf states. The 
fishing season in state waters off Mississippi will be the same as the 
Federal red snapper season, Louisiana's season currently extends from 
June 1 through September 30 but compatibility with the Federal fishing 
season is anticipated, and Texas will maintain a year-round fishing 
season in state waters.
    Using reported landings for 2008, and taking into account state 
regulatory changes in 2009, NMFS projects the 2009 recreational red 
snapper quota will be met on August 14, 2009. Therefore, in accordance 
with 50 CFR 622.43(a), NMFS is closing the recreational red snapper 
fishery in the Gulf EEZ effective 12:01 a.m. local time on August 15, 
2009; the recreational fishery will reopen on June 1, 2010, the 
beginning of the 2010 recreational fishing season. This quota closure 
also complies with section 407(d) of the Magnuson-Stevens Act, which 
requires that the retention of red snapper be prohibited for the 
remainder of the fishing year once the quota is met.
    In addition to the Gulf EEZ closure, as specified in 50 CFR 
622.4(a)(1)(iv), 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 regarding this closure are more restrictive than applicable 
state law. The closure is intended to prevent overfishing and increase 
the likelihood that the 2009 quota will not be exceeded. A detailed 
summary of the quota closure analysis can be found at https://sero.nmfs.noaa.gov/.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds good cause to waive the requirements to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth in 5 U.S.C. 553(b)(3)(B). Such procedures would be unnecessary 
because the rule implementing the quota and the associated requirement 
for closure of the fishery when the quota is reached or projected to be 
reached already has been subject to notice and comment, and all that 
remains is to notify the public of the closure. NMFS is mandated by 
section 407(d) of the Magnuson-Stevens Act, to establish this quota; 
keep harvest within the quota; and close the fishery when the quota is 
reached. NMFS also has a legal obligation to keep harvest within the 
quota limits established by the stock rebuilding plan in the FMP.
    Providing prior notice and opportunity for public comment on this 
action would be contrary to the public interest. Many of those affected 
by this closure, particularly charter vessel and headboat operations, 
book trips for clients months in advance and, therefore, need as much 
time as possible to adjust business plans to account for the closure. 
Delaying announcement of the closure rule to accommodate prior public 
notice and comment would result in significantly less advance notice of 
the definitive closure date; decrease the time available for affected 
participants to adjust business plans; and be very disruptive. Given 
the legal obligation to implement this closure in a timely manner, NMFS 
believes it is important to establish the closure date as soon as 
possible to allow affected participants the maximum amount of time to 
adjust their fishing activities consistent with the closure.
    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: May 5, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-10822 Filed 5-7-09; 8:45 am]
BILLING CODE 3510-22-S
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