76890 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Rules and Regulations 

§ 622.37 Size limits. 

* * * * * 

(e) * * * 

(1) * * * 

(v) Red snapper—20 inches (50.8 cm), 

TL, however, see ’ 622.32(b)(3)(vii) for 

the current prohibition on the harvest 

and possession of red snapper. 

* * * * * 

■ 5. In § 622.39, paragraph (d)(1)(iv) and 

(d)(1)(viii) are revised and paragraph 

(d)(1)(ix) is added to read as follows: 

§ 622.39 Bag and possession limits. 

* * * * * 

(d) * * * 

(1) * * * 

(iv) Snappers, combined—10. 

However, excluded from this 10-fish bag 

limit are cubera snapper, measuring 30 

inches (76.2 cm), TL, or larger, in the 

South Atlantic off Florida, and red 

snapper and vermilion snapper. (See 

§ 622.32(b)(3)(vii) for the prohibition on 

harvest and possession of red snapper 

and § 622.32(c)(2) for limitations on 

cubera snapper measuring 30 inches 

(76.2 cm), TL, or larger, in or from the 

South Atlantic EEZ off Florida.) 

* * * * * 

(viii) South Atlantic snapper-grouper, 

combined—20. However, excluded from 

this 20-fish bag limit are tomtate, blue 

runner, and those specified in 

paragraphs (d)(1)(i) through (vii), and 

(ix) of this section. 

(ix) No red snapper may be retained. 

* * * * * 

■ 6. In § 622.41, the introductory text in 

paragraph (n) is revised and paragraph 

(n)(2) is added to read as follows: 

§ 622.41 Species specific limitations. 

* * * * * 

(n) Required gear in the South 

Atlantic snapper-grouper fishery. For a 

person on board a vessel to harvest or 

possess South Atlantic snapper-grouper 

in or from the South Atlantic EEZ, the 

vessel must possess on board and such 

person must use the gear as specified in 

paragraphs (n)(1) and (n)(2) of this 

section. 

* * * * * 

(2) Non-stainless steel circle hooks. 

Non-stainless steel circle hooks are 

required to be used when fishing with 

hook-and-line gear and natural baits 

north of 28E N. lat. 

■ 7. In § 622.45, paragraph (d)(10) is 

added to read as follows: 

§ 622.45 Restrictions on sale and 

purchase. 

* * * * * 

(d) * * * 

(10) No person may sell or purchase 

a red snapper harvested from or 

possessed in the South Atlantic, i.e., 

State or Federal waters, by a vessel for 

which a Federal commercial permit for 

South Atlantic snapper-grouper has 

been issued. 

* * * * * 

[FR Doc. 2010–30394 Filed 12–3–10; 11:15 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101124587–0586–01] 

RIN 0648–BA47 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the South Atlantic 

States; Emergency Rule To Delay 

Effectiveness of the Snapper-Grouper 

Area Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: NMFS issues this temporary 

rule to delay the effective date of the 

area closure for snapper-grouper 

specified in Amendment 17A to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP). The area closure 

will become effective on January 3, 

2011, through the final rule that 

implements Amendment 17A. A 

Southeast Data Assessment and Review 

(SEDAR) benchmark stock assessment 

for red snapper (SEDAR 24) was just 

completed on October 25, 2010, and was 

reviewed by the South Atlantic Fishery 

Management Council’s (Council’s) 

Scientific and Statistical Committee 

(SSC) during its meeting from November 

9–11, 2010. The new stock assessment 

still shows red snapper to be overfished 

and undergoing overfishing, however, 

the rate of overfishing found in SEDAR 

24 is less than the rate of overfishing 

found in the previous stock assessment 

(SEDAR 15). The SSC concluded that, 

based on SEDAR 24, the snappergrouper area closure approved in 

Amendment 17A is more conservative 

that what is needed to end overfishing 

of red snapper. Temporarily delaying 

the effective date of the snapper-grouper 

area closure specified in Amendment 

17A will allow the Council time to 

respond to the new stock assessment 

information through a regulatory 

amendment, which will be discussed at 

the Council’s December meeting. This 

emergency action is necessary to 

mitigate negative socioeconomic 

impacts associated with the snappergrouper area closure on South Atlantic 

snapper-grouper fishermen and to 

ensure the area closure is based upon 

the best scientific information available. 

DATES: This rule is effective January 3, 

2010 through June 1, 2011, unless 

NMFS publishes a superseding 

document in the Federal Register. 

ADDRESSES: You may submit comments, 

identified by ‘‘0648–BA47’’, by any one 

of the following methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov. 

• Fax: 727–824–5308. Attn: Kate 

Michie. 

• Mail: Kate Michie, Southeast 

Regional Office, NMFS, 263 13th 

Avenue S., St. Petersburg, FL 33701. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulation.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http:// 

www.regulations.gov, enter ANOAA– 

NMFS–2010–0243’’ in the keyword 

search, then check the box labeled 

‘‘Select to find documents accepting 

comments or submissions’’, then select 

‘‘Send a Comment or Submission.’’ 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

Copies of the supporting 

documentation for this emergency rule, 

as well as Amendment 17A and its 

accompanying analyses, may be 

obtained from Kate Michie, Southeast 

Regional Office, NMFS, 263 13th 

Avenue S., St. Petersburg, FL 33701. 

FOR FURTHER INFORMATION CONTACT: Kate 

Michie, telephone 727–824–5305; 

e-mail Kate.Michie@noaa.gov. 

SUPPLEMENTARY INFORMATION: The South 

Atlantic snapper-grouper fishery is 

managed under the FMP. The FMP was 

prepared by the Council and is 

implemented by NMFS under the 


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Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Rules and Regulations 76891 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. The 

Magnuson-Stevens Act provides the 

legal authority for the promulgation of 

emergency regulations under section 

305(c). 

Background 

A final rule to implement 

Amendment 17A to the FMP is 

published in the same issue of the 

Federal Register as this emergency rule. 

Amendment 17A contains measures to 

end the overfishing of red snapper and 

rebuild the stock. The management 

measures in the final rule include 

prohibiting the harvest and possession 

of red snapper in or from the South 

Atlantic exclusive economic zone (EEZ) 

(and in state or Federal waters for a 

vessel with a Federal commercial or 

charter vessel/headboat permit for 

South Atlantic snapper-grouper), 

requiring the use of non-stainless steel 

circle hooks when fishing for snappergrouper species with hook and line gear 

north of 28° N. latitude in the South 

Atlantic EEZ, and implementing an area 

closure for South Atlantic snappergrouper. The area closure includes 4,824 

square miles (7,763 square km) off the 

coasts of southern Georgia and northeast 

Florida where the harvest and 

possession of snapper-grouper species 

would be prohibited, except when 

fishing with black sea bass pot gear or 

spearfishing gear for species other than 

red snapper. NMFS is delaying the 

effective date of this snapper-grouper 

area closure until June 1, 2011, with a 

possible 186-day extension, to provide 

the Council time to respond to new 

scientific information. Based upon the 

results of the SEDAR 24 benchmark 

stock assessment, this delay of the 

effective date of the snapper-grouper 

area closure will not impact the ending 

of overfishing of the red snapper stock. 

The SEDAR 24 benchmark stock 

assessment for red snapper was 

completed on October 25, 2010. The 

assessment incorporated the high 

landings from recent years, as well as 

new scientific information regarding the 

availability of older red snapper to 

fishing gear, post-release mortality, and 

methodologies for estimating historic 

recreational landings. The new stock 

assessment was reviewed by the 

Council’s SSC during its meeting from 

November 9–11, 2010. The SSCendorsed model runs from the new 

stock assessment indicate that the 

snapper-grouper area closure could be 

modified without compromising the red 

snapper conservation objective of 

ending overfishing, while better 

minimizing the negative socio-economic 

effects on fishing communities. 

Amendment 17A was approved by the 

Secretary of Commerce on October 27, 

2010. A final rule implementing 

Amendment 17A will become effective 

on January 3, 2011, except for the 

prohibition on the harvest and 

possession of red snapper, which will 

become effective on December 3, 2010, 

and the circle hook requirement, which 

will become effective March 3, 2011. 

This emergency rule will delay the 

effective date of the snapper-grouper 

area closure until June 1, 2011, with a 

possible 186-day extension, unless 

superseded by subsequent rulemaking. 

The delayed effective date of the 

snapper-grouper area closure will 

provide the Council time to respond to 

the new scientific information from the 

SEDAR 24 benchmark stock assessment 

through a regulatory amendment. The 

intended effect of this emergency action 

is to mitigate the negative socioeconomic effects of the snapper-grouper 

area closure contained in Amendment 

17A on snapper-grouper fishermen. 

This emergency rulemaking meets the 

criteria and justifications for invoking 

emergency rulemaking procedures 

under section 305(c) of the MagnusonStevens Act and the NMFS policy 

guidelines for use of emergency rules 

(62 FR 44421, August 21, 1997). 

Specifically, the results of the new 

benchmark stock assessment for red 

snapper (SEDAR 24), which indicate the 

snapper-grouper area closure in 

Amendment 17A is more conservative 

than what is necessary to end 

overfishing of red snapper, are 

considered to be recent unforeseen and 

recently discovered circumstances. 

Because the snapper-grouper area 

closure is scheduled to take effect on 

January 3, 2011, the immediate benefits 

of mitigating the negative socioeconomic impacts to snapper-grouper 

fishermen by delaying the effective date 

of the area closure through this 

emergency action justify waiving the 

requirement to provide advance notice 

and opportunity for public comment. 

This emergency action seeks to prevent 

significant direct economic loss to 

snapper-grouper fishermen, thus 

meeting the justification for emergency 

action. 

Classification 

The Administrator, Southeast Region, 

NMFS, determined that this temporary 

rule is consistent with the national 

standards and other provisions of the 

Magnuson-Stevens Act and other 

applicable laws. The rule may be 

extended for a period of not more than 

186 days as described under section 

305(c)(3)(B) of the Magnuson-Stevens 

Act. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

pursuant to 5 U.S.C. 533(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. 

Unnecessary economic harm and 

negative social impacts will occur to 

fishery participants if this action to 

delay the implementation of the area 

closure is not enacted as quickly as 

possible. Notice and comment 

rulemaking would significantly reduce 

the effectiveness of this emergency 

action. The snapper-grouper area 

closure contained in the final rule for 

Amendment 17A will take effect 

January 3, 2011. Therefore, this 

emergency rule must be published and 

become effective on the same day as the 

snapper-grouper area closure in 

Amendment 17A. Otherwise the 

purpose of this emergency rule will be 

undermined. This emergency rule will 

delay the implementation of the area 

closure until June 1, 2011, with up to a 

186-day extension, unless superseded 

by subsequent rulemaking. The Council 

is currently developing a regulatory 

amendment, which will be reviewed at 

its December 2010 meeting. New 

scientific information on red snapper 

became available in late October 2010, 

and the SSC reviewed this information 

in November 2010. Therefore, NMFS is 

making use of this new information in 

the interim, through this emergency 

action, while the Council develops a 

regulatory amendment and additional 

rulemaking over the long-term, which 

will include the new scientific 

information from SEDAR 24 and will 

consider less restrictive management 

measures to end overfishing of red 

snapper and rebuild the stock. If the 

regulatory amendment and any resulting 

rulemaking is approved, the public will 

be provided the opportunity to 

comment during notice and comment 

rulemaking for the regulatory 

amendment. 

Pursuant to section 553(d)(1), the 

Assistant Administrator waives the 30- 

day delay in the effective date of this 

temporary rule, as required by 5 U.S.C. 

553(d), because this rule relieves a 

restriction on snapper-grouper 

fishermen. This emergency action is 

being implemented to delay the 

effective date of the snapper-grouper 

area closure contained in Amendment 

17A to the FMP. The snapper-grouper 

area closure would prohibit the harvest 

and possession of all snapper-grouper 

species, except when fishing with black 

sea bass pot gear or spearfishing gear for 

species other than red snapper, in an 


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76892 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Rules and Regulations 

area that covers 4,824 square miles 

(7,763 square km) off the coasts of 

southern Georgia and northeast Florida. 

The result of this waiver will be to 

reduce the economic costs that the final 

rule for Amendment 17A would 

otherwise create. An additional 30-day 

delay would undermine that intent. 

This temporary rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

This rule is exempt from the 

procedures of the Regulatory Flexibility 

Act because the rule is not subject to the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to 5 U.S.C. 553 or any other 

law. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: November 30, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

■ For the reasons set out in the 

preamble, 50 CFR part 622 is 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. 

§ 622.35 [Amended] 

■ 2. In § 622.35, paragraph (l) is 

suspended. 

[FR Doc. 2010–30682 Filed 12–3–10; 11:15 am] 

BILLING CODE 3510–22–P 


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