Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50143 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 110729451–1413–02] 

RIN 0648–BB12 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Emergency Rule To Increase the 

Recreational Quota for Red Snapper 

and Suspend the Recreational Red 

Snapper Closure Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Emergency rule. 

SUMMARY: NMFS issues this emergency 

rule to increase the recreational quota 

for red snapper in the Gulf of Mexico 

(Gulf) reef fish fishery for the 2011 

fishing season and suspend the October 

1 closure date, as requested by the Gulf 

of Mexico Fishery Management Council 

(Council). At its May 2011 meeting, the 

Council’s Science and Statistical 

Committee (SSC) recommended that the 

red snapper total allowable catch (TAC) 

be increased by 345,000 lb (156,489 kg). 

At its June 2011 meeting, the Council 

requested that NMFS publish an 

emergency rule to assign the entire 

345,000 lb (156,489 kg) of additional 

TAC to the recreational sector and 

suspend the October 1 closure date of 

the recreational fishing season. If NMFS 

determines, after reviewing the data, 

that the recreational red snapper quota 

was not reached by the July 19, 2011, 

projected closure date, NMFS will 

publish a subsequent rule in the Federal 

Register to reopen red snapper harvest 

for a limited time period during the 

2011 fishing season. The intent of this 

rulemaking is to achieve the optimum 

yield for the fishery, thus enhancing 

social and economic benefits to the 

fishery. 

DATES: This emergency rule is effective 

September 12, 2011, through December 

31, 2011. 

ADDRESSES: Electronic copies of the 

documents in support of this emergency 

rule, which include a supplemental 

environmental assessment, may be 

obtained from the Southeast Regional 

Office Web site at http:// 

sero.nfms.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Meyer, Southeast Regional 

Office, NMFS, telephone: 727–824– 

5305, e-mail: Cynthia.Meyer@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 

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). The 

Magnuson-Stevens Act provides the 

legal authority for the promulgation of 

emergency regulations under section 

305(c) (16 U.S.C. 1355(c)). 

This emergency rule increases the 

recreational quota for red snapper in the 

Gulf reef fish fishery to 3.866 million lb 

(1.754 million kg), based on the 

increased TAC recommended by the 

SSC. On May 19, 2011, the SSC 

recommended increasing the red 

snapper acceptable biological catch 

(ABC) to 7.530 million lb (3.416 million 

kg) from 7.185 million lb (3.259 million 

kg), which was the ABC recommended 

by the SSC after the 2009 update 

assessment was conducted through the 

Southeast Data Assessment and Review 

process. The Southeast Fisheries 

Science Center (SEFSC) reran the 2009 

update assessment in May 2011 using 

updated data. The 2009 update 

assessment had used projected landings 

data from 2010. The 2011 rerun of the 

2009 update assessment incorporated 

finalized landings data from 2009 and 

2010. The SSC identified a new 

overfishing limit (OFL) for red snapper 

based on the updated landings data. The 

corresponding ABC for red snapper, 

calculated as 75 percent of the OFL, is 

7.530 million lb (3.416 million kg). This 

ABC was also recommended as the new 

TAC, an increase of 345,000 lb (156,489 

kg). During 2010, the recreational sector 

harvested only 66 percent of its quota, 

whereas the commercial sector 

harvested 96 percent of its quota. 

Because of the greater economic impacts 

incurred by the recreational sector in 

2010, at the Council’s June meeting, the 

Council requested that NMFS develop 

an emergency rule that would assign the 

entire 345,000 lb (156,489 kg) of 

increased TAC to the recreational sector 

for the 2011 fishing season and suspend 

the October 1 closure date. 

The recreational red snapper fishing 

season opens each year on June 1 and 

officially closes at 12:01 a.m., on 

October 1 (in accordance with 

regulations at 50 CFR 622.34(m)), unless 

the quota is met before this date, in 

which case NMFS publishes a rule in 

the Federal Register announcing an 

earlier closure date. Pursuant to 50 CFR 

622.43(c), if subsequent data indicate 

that the quota was not reached, NMFS 

may reopen the fishery to provide an 

opportunity for the quota to be reached, 

but must do so prior to October 1. 

This year NMFS announced the 

current closure date on April 29, 2011 

(76 FR 23911), through a final rule that 

adjusted the commercial and 

recreational quotas for red snapper. The 

closure date for the recreational red 

snapper season of 12:01 a.m., local time, 

July 19, 2011, was based on projections 

of when the recreational red snapper 

quota of 3.521 million lb (1.597 million 

kg), also implemented through that final 

rule, would be met. NMFS will review 

the landings data in late August 2011 to 

determine if the 2011 recreational red 

snapper quota was met. If NMFS 

determines that the 2011 recreational 

red snapper quota, plus the additional 

quota of 345,000 lb (156,489 kg), was 

not met by the July 19, 2011, closure 

date, NMFS will publish a subsequent 

rule in the Federal Register announcing 

a reopening of the red snapper 

recreational season for a limited time 

period. A reopening could occur after 

September 30, 2011, but before 

December 31, 2011. 

Need for This Emergency Rule 

At its June 2011 meeting, the Council 

requested that NMFS promulgate 

emergency regulations to increase the 

recreational quota for red snapper for 

the 2011 fishing season and suspend the 

12:01 a.m., October 1 season closure 

date to permit a later reopening in order 

to achieve the optimum yield for the 

fishery, thereby maximizing the social 

and economic benefits for recreational 

red snapper fishermen. The ‘‘Policy 

Guidelines for the Use of Emergency 

Rules’’ (62 FR 44421, August 21, 1997) 

list three criteria for determining 

whether an emergency exists. 

(1) Results from recent, unforeseen 

events or recently discovered 

circumstances; and 

(2) Presents serious conservation or 

management problems in the fishery; 

and 

(3) Can be addressed through 

emergency regulations for which the 

immediate benefits outweigh the value 

of advance notice, public comment, and 

deliberative consideration of the 

impacts to the same extent as would be 

expected under the normal rulemaking 

process. 

NMFS is promulgating these 

emergency regulations under these three 

criteria. Under the first criteria for an 

emergency rule, the recently discovered 

circumstance is the rerun of the 2009 

update assessment for red snapper, 

conducted by the SEFSC in May 2011. 

This rerun updated the 2009 assessment 

using more recent data, i.e. the finalized 

2009 and 2010 landings data. Based on 


erowe on DSK5CLS3C1PROD with RULES
50144 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 

the finalized landings data it was 

determined that the TAC for red 

snapper could be increased. 

Under the second criteria for an 

emergency rule, without 

implementation of this emergency rule, 

the recreational red snapper component 

of the Gulf reef fish fishery is at risk of 

not achieving the OY for the fishery, 

which is the goal of National Standard 

1 under the Magnuson-Stevens Act (16 

U.S.C. 1851(a)(1)). National Standard 1 

states that, ‘‘Conservation and 

management measures shall prevent 

overfishing while achieving, on a 

continuing basis, the optimum yield 

from each fishery for the United States 

fishing industry.’’ 

Under the third criteria for an 

emergency rule, the immediate benefit 

of increasing the recreational quota for 

red snapper outweighs the value of 

advance notice and public comment. 

This rule would allow the recreational 

red snapper component of the fishery to 

harvest an additional 345,000 lb (156, 

489 kg) of quota, which could 

potentially lengthen the recreational red 

snapper season if NMFS determines the 

recreational quota was not met prior to 

the July 19, 2011 closure date. 

Providing advance notice and the 

opportunity for public comment on this 

rulemaking would likely delay 

reopening the fishery early enough or 

long enough to provide recreational red 

snapper fishermen the opportunity to 

achieve OY for the fishery, thus 

foregoing social and economic benefits 

for recreational red snapper fishermen. 

First, under the current framework 

mechanism any increase in the red 

snapper TAC must occur in advance of 

a subsequent rule to reopen the fishery. 

Delaying this rule would delay 

reopening the fishery after data on 

actual harvest become available because 

there is insufficient time to complete 

two rulemakings involving notice and 

comment within a time that would 

allow harvest of the quota. Because of 

the increasing likelihood for lost fishing 

days due to inclement weather later in 

the calendar year, it would be critical to 

reopen the fishery as early as possible. 

Second, the October 1 season closure 

date for the recreational fishing season 

currently precludes NMFS from 

reopening the recreational sector past 

September 30. Suspension of the 

October 1 date also must occur prior to 

any subsequent rule to reopen the 

fishery and delay would similarly affect 

the opportunity to achieve OY. 

Measures Contained in this Emergency 

Rule 

This emergency rule will increase the 

recreational quota to 3.866 million lb 

(1.754 million kg) and suspend the 

October 1 closure date of the 

recreational fishing season. Also, if 

NMFS determines the recreational quota 

is not met by the July 19, 2011, closure 

date, the Assistant Administrator will 

file a subsequent rule with the Office of 

the Federal Register to announce a 

reopening of the recreational red 

snapper season for a limited time period 

during the 2011 fishing season. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Act, 16 U.S.C. 1855(c). The Assistant 

Administrator for Fisheries, NOAA 

(AA), has determined that this 

emergency rule is necessary to achieve 

the optimum yield for the red snapper 

component of the reef fish fishery in the 

Gulf EEZ and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This emergency rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The AA finds good cause under 5 

U.S.C. 553(b)(B) to waive prior notice 

and the opportunity for public 

comment. Providing prior notice and 

the opportunity for public comment 

would be contrary to the public interest 

because delaying suspension of the 

October 1 closure date of the 

recreational fishing season would 

impede NMFS from reopening the 

recreational sector after September 30. 

That, in turn, would result in 

recreational red snapper fishermen not 

having the opportunity to achieve OY 

for the fishery, thus foregoing social and 

economic benefits for recreational red 

snapper fishermen. Recreational red 

snapper data from the 2011 fishing 

season will not be available until late 

August, 2011. Therefore, NMFS will not 

be able to determine if the recreational 

sector may reopen until sometime in 

September. Therefore, a reopening of 

the recreational sector would not be able 

to occur until after October 1. This 

emergency rule will allow NMFS to 

reopen the recreational sector after 

October 1, and before December 31, 

2011, if NMFS determines that the 

recreational quota was not reached by 

the July 19, 2011 closure date. This will 

give recreational red snapper fishermen 

the opportunity to achieve OY for the 

fishery, thus reaching the goal of 

National Standard 1 of the MagnusonStevens Act. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: August 9, 2011. 

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. 

■ 2. In § 622.34, paragraph (m) is 

suspended and paragraph (w) is added 

to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(w) Closure of the recreational fishery 

for red snapper. The recreational fishery 

for red snapper in or from the Gulf EEZ 

is closed from January 1 through May 

31. During the closure, the bag and 

possession limit for red snapper in or 

from the Gulf EEZ is zero. 

■ 3. In § 622.42, paragraph (a)(2)(i) is 

suspended and paragraph (a)(2)(iii) is 

added to read as follows: 

§ 622.42 Quotas. 

* * * * * 

(a) * * * 

(2) * * * 

(iii) Recreational quota for red 

snapper. The recreational quota for red 

snapper is 3.866 million lb (1.754 

million kg), round weight. 

* * * * * 

[FR Doc. 2011–20597 Filed 8–11–11; 8:45 am] 

BILLING CODE 3510–22–P 


erowe on DSK5CLS3C1PROD with RULES