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, 58334-58335 [2010-23992]
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58334
§ 1503.631
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations
[Amended]
3. In § 1503.631(c)(2) remove the
reference ‘‘§ 1503.215’’ and add in its
place the reference ‘‘§ 1503.623’’.
■ 4. In § 1503.659 revise paragraph (e) to
read as follows:
■
§ 1503.659 Petition to reconsider or modify
a final decision and order of the TSA
decision maker on appeal.
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*
(e) Reply petitions. Any other party
may reply to a petition to reconsider or
modify, not later than 30 days after
service of the petition on that party, by
filing a reply with the Enforcement
Docket Clerk. A party must serve a copy
of the reply on each party.
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Issued in Arlington, Virginia, on
September 17, 2010.
John S. Pistole,
Administrator.
[FR Doc. 2010–23985 Filed 9–23–10; 8:45 am]
BILLING CODE 9110–05–P
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; ReOpening of the 2010 Gulf of Mexico
Recreational Red Snapper Season
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; re-opening.
AGENCY:
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
hsrobinson on DSK69SOYB1PROD with RULES
SUMMARY:
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16:03 Sep 23, 2010
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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
Steve.Branstetter@noaa.gov.
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 MagnusonStevens 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
PO 00000
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Fmt 4700
Sfmt 4700
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 reopen. 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
E:\FR\FM\24SER1.SGM
24SER1
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency rule.
of Mexico Fishery Management Council
(Council) requested NMFS publish this
emergency rule. The intent of this
rulemaking is to provide the RA the
authority to allow fishermen the
opportunity to harvest the recreational
red snapper quota, and to achieve the
optimum yield for the fishery, thus
enhancing social and economic benefits
to the fishery.
DATES: This emergency rule is effective
September 24, 2010 through December
31, 2010.
ADDRESSES: Copies of the environmental
assessment, the final regulatory
flexibility analysis (FRFA), and the
regulatory impact review for this rule
may be obtained from the Southeast
Regional Office, NMFS, 263 13th
Avenue S., St. Petersburg, FL 33701;
telephone 727–824–5305; fax 727–824–
5308; e-mail steve.branstetter@noaa.gov;
or may be downloaded from the SERO
Web site at https://sero.nfms.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Steve Branstetter, 727–824–5796.
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
Council and is implemented through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act, 16 U.S.C. 1801, et seq. (MagnusonStevens Act). The Magnuson-Stevens
Act provides the legal authority for the
promulgation of emergency regulations
under section 305(c) (16 U.S.C. 1355(c)).
On August 16, 2010, NMFS published
a proposed emergency rule to grant the
RA the authority to re-open the Gulf
recreational red snapper season after
September 30, and requested public
comment (75 FR 49883). The rationale
for the measures contained in this
emergency rule is provided in the
environmental assessment and the
proposed emergency rule and is not
repeated here.
NMFS issues this emergency
rule to authorize the Regional
Administrator, Southeast Region, NMFS
(RA) to re-open the Gulf of Mexico
(Gulf) recreational red snapper season
after the September 30, 2010, end of the
fishing season. NMFS has determined
that the recreational red snapper quota
was not met by the 12:01 a.m., local
time, July 24, 2010, closure date. The BP
Deepwater Horizon MC252 oil spill and
the associated large-area fishery closure
(fishery closed area) in the north-central
Gulf are located where a substantial
portion of the recreational red snapper
fishing effort occurs. Therefore, the Gulf
Comments and Responses
A total of 139 comments were
received on the proposed emergency
rule. A summary of those comments,
and NMFS responses, follows.
Comment 1: More than 50 percent of
the comments expressed broad general
support re-opening the recreational red
snapper fishing season during 2010
without regard to specific timing.
Another 25 percent specifically
expressed support for re-opening later
in the year and/or giving NMFS the
authority to re-open the season after the
September 30 end of the fishing season.
At its August 2010 meeting, the Council
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 reopening 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100713296–0452–02]
RIN 0648–BA06
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Emergency Rule to Authorize ReOpening the Recreational Red Snapper
Season
AGENCY:
hsrobinson on DSK69SOYB1PROD with RULES
SUMMARY:
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16:03 Sep 23, 2010
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PO 00000
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58335
recommended re-opening the
recreational red snapper fishing season
on eight consecutive weekends (Friday
through Sunday) beginning October 1,
2010. Several comments received after
this meeting expressed opinions
regarding weekend openings versus
opening during the week as well.
Response: This emergency rule gives
the RA the authority to re-open the
recreational red snapper fishing season
after September 30, 2010. Without this
rulemaking NMFS is only authorized to
re-open the season through the end of
the designated June 1 through
September 30 fishing season. The
recreational red snapper quota is
established based on an allowable
biological catch level determined from
the results of a peer-reviewed and vetted
stock assessment, which is based on the
best scientific information available.
This rulemaking will provide the
opportunity for the recreational sector to
harvest the remaining quota and achieve
the Council’s designated optimum yield
(OY) for the fishery, thus enhancing
social and economic benefits to
fishermen and the tourism industries of
Gulf coastal communities. The timing
and duration of a re-opening will not
affect the goal of harvesting the
allowable catch established in
accordance with the red snapper
rebuilding plan, which seeks to achieve
OY for the red snapper component of
the reef fish fishery. NMFS will publish
an additional rulemaking specifying the
dates of a re-opening.
Comment 2: A few comments
suggested that areas that had been open
to fishing during the June 1 through July
23 recreational red snapper season
should remain closed. Any re-opening
of the season should be restricted to
those areas that had been closed to all
fishing because of BP Deepwater
Horizon MC252 oil spill, but are now reopened to fishing.
Response: The recreational red
snapper quota is a Gulf-wide quota; it is
not separated into regional components.
Current regulations do not allow NMFS
to designate fishing season openings for
specific geographic regions. In addition,
many areas are still closed to all fishing
because of the BP Deepwater Horizon
MC252 oil spill, and may not be reopened to fishing during the
recommended eight consecutive
weekend openings. Re-opening the
recreational red snapper fishing season
to specific geographic regions would
create substantial regulatory confusion
for the public, and increase the
difficulty of enforcement.
Comment 3: A few comments
suggested that the recreational red
snapper fishing season should remain
E:\FR\FM\24SER1.SGM
24SER1
]]>Agencies
[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Rules and Regulations]
[Pages 58334-58335]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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 Steve.Branstetter@noaa.gov.
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
