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**FOR INFORMATION CONTACT: FOR IMMEDIATE RELEASE:**

Jason Rueter or Jason.Rueter@noaa.gov September 7, 2005

727/824-5305, FAX 727/824-5308 NR05-045

http://sero.nmfs.noaa.gov

DENIAL OF PETITION FOR EMERGENCY RULEMAKING

NOAA's National Marine Fisheries Service (NMFS) has published in the
*Federal Register* (70 FR 172) a denial of petition for emergency
rulemaking or fishery management action under the Magnuson-Stevens
Fishery Conservation and Management Act and the Administrative
Procedures Act. The Coastal Conservation Association (CCA) petitioned
the U.S. Department of Commerce to promulgate emergency regulations or
interim measures to address overfishing of red snapper in the Gulf of
Mexico primarily by further reducing bycatch of juvenile red snapper in
the Gulf shrimp fishery.

**The CCA Petition**

The petition filed by CCA states the red snapper stock in the Gulf of
Mexico is overfished and undergoing overfishing. Although the petition
acknowledges the directed red snapper commercial and recreational
sectors share responsibility for rebuilding the stock, it asserts
failure of bycatch reduction devices (BRDs), required in the Gulf shrimp
fishery, to meet established bycatch reduction standards makes recovery
of the Gulf red snapper fishery unlikely and ensures years of continued
overfishing of red snapper. The petition seeks emergency regulations or
interim measures primarily to stop the overfishing resulting from
excessive bycatch of juvenile red snapper in the Gulf shrimp fishery.

The CCA petition states the prevention of overfishing and recovery of
the red snapper stock is predicated on at least a 44-percent reduction
in bycatch of juvenile red snapper by the Gulf shrimp fishery. Further,
because recent research indicates current BRD use, in practice, yields
only a 12-percent bycatch reduction, the existing plan for preventing
overfishing and rebuilding the red snapper stock must be declared a
failure. The petition seeks implementation of emergency regulations or
interim measures that would result in bycatch reduction sufficient to
allow the red snapper stock to rebuild within the time period
established in the Fishery Management Plan for Reef Fish Resources of
the Gulf of Mexico.

The petition states such measures should include strict bycatch quotas
tracked by observer data, bag limits, TAC restrictions, time and area
closures or restrictions, improved BRDs, season limitations, seasonal
closures, and other reduction measures. In addition, a firm target for
bycatch reduction of between 60 percent and 80 percent of historic
levels should be set, with a time line established that achieves that
target within the shortest time possible. The petition also proposes a
mandated effort reduction program for the Gulf shrimp fleet. The
petition concludes the directed recreational and commercial red snapper
sectors have already adopted many of the measures necessary to rebuild
the stock.

**NMFS Decision**

NMFS finds the emergency or interim rulemaking is not warranted, and
additional management measures to end overfishing of red snapper would
better be addressed through a Gulf of Mexico Fishery Management Council
regulatory amendment and development of a fishery management plan
amendment. Though NMFS agrees bycatch mortality of red snapper is
important to address and the Gulf shrimp fleet adversely affects red
snapper and its ability to rebuild, overfishing of red snapper is not an
unforeseen event, and therefore, does not constitute an emergency.

An emergency or interim regulation is not appropriate for addressing
changes to BRDs because these changes would require substantial time for
gear development, manufacturing, training, distribution and
re-outfitting of shrimp vessels and nets. Since an interim measure can
only be implemented for 180-days, and extended an additional 180-days if
necessary, there is insufficient time for gear manufacturers and shrimp
industry to retool. A gear change in the shrimp fishery for only
180-days, or a maximum of 360-days, would not end overfishing of red
snapper.

Interim measures are used to address recently discovered fisheries
management issues for which no long-term strategies exist. The red
snapper fishery has an established rebuilding plan extending through
2032, with periodic review of the rebuilding plan.

**Contact Information, Dates, and Addresses**

Requests for copies of documents supporting this denial of petition may
be obtained from the

Southeast Regional Office, NMFS, 263 13^th^ Avenue South, St.
Petersburg, Florida 33701.

**Federal e-Rulemaking Portal:** Follow the instructions at
[http://www.regulations.gov](http://www.regulations.gov/)[.]{.underline}

**Mail:** Phil Steele, Southeast Regional Office, NMFS, 263 13^th^
Avenue South, St. Petersburg, Florida 33701.

**Fax:** 727-824-5308: Attention: Phil Steele.

NMFS is dedicated to protecting and preserving the nation's living
marine resources and their habitats

through scientific research, management, and enforcement. NMFS provides
effective stewardship of these resources for the benefit of the nation,
supporting coastal communities that depend upon them, and helping to
provide safe and healthy seafood to customers and recreational
opportunities for the American public.

NOAA is dedicated to enhancing economic security and national safety
through the prediction and research of weather and climate-related
events and providing stewardship to our nation's coastal and marine
resources. This and other news releases are available on the SERO
homepage at http://sero.nmfs.noaa.gov.

NMFS is an agency of the Commerce Department's National Oceanic and
Atmospheric Administration.