[Federal Register Volume 71, Number 148 (Wednesday, August 2, 2006)]
[Proposed Rules]
[Pages 43706-43707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-6645]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 072806A]
RIN 0648-AS67


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Individual Fishing Quota 
Program for Gulf Commercial Red Snapper Fishery

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

ACTION: Announcement of availability of fishery management plan 
amendment; request for comments.

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SUMMARY: NMFS announces the availability of Amendment 26 to the Fishery 
Management Plan (FMP) for the Reef Fish Resource of the Gulf of Mexico 
(Amendment 26) prepared by the Gulf of Mexico Fishery Management 
Council (Council). Amendment 26 would establish an Individual Fishing 
Quota (IFQ) program for the Gulf of Mexico commercial red snapper 
fishery. The intended effect of Amendment 26 is to reduce overcapacity 
in the commercial red snapper fishery and to eliminate, to the extent 
possible, the problems associated with derby fishing, in order to 
assist the Council in achieving optimum yield (OY) from the fishery.

DATES: Written comments must be received no later than 5 p.m., eastern 
time, on October 2, 2006.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#60505654584d213356574e2e2f21200e0f01014e070f16"><span class="__cf_email__" data-cfemail="cafafcfef2e78b99fcfde484858b8aa4a5ababe4ada5bc">[email protected]</span></a>. Include in the subject 
line the following document identifier: 0648-AS67-NOA.
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Phil Steele, Southeast Regional Office, NMFS, 263 
13th Avenue South, St. Petersburg, FL 33701.
    <bullet> Fax: 727-824-5308, Attention: Phil Steele.
    Copies of Amendment 26, which includes a supplemental environmental 
impact statement (SEIS), a regulatory impact review (RIR), and an 
initial regulatory flexibility analysis (IRFA), may be obtained from 
the Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, 
Suite 1100, Tampa, FL 33607; telephone: 813-348-1630; fax: 813-348-
1711; e-mail: <a href="/cdn-cgi/l/email-protection#086f7d646e6b677d666b6164486f7d646e6b677d666b616426677a6f"><span class="__cf_email__" data-cfemail="1275677e74717d677c717b7e5275677e74717d677c717b7e3c7d6075">[email protected]</span></a>. In

[[Page 43707]]

addition, copies of the final SEIS, a revised RIR, and a revised IRFA, 
prepared by NMFS are also available from the Council at the address 
above. Copies of all of these documents may also be downloaded from the 
Council's Web site at www.gulfcouncil.org.
    The final supplemental environmental impact statement (FSEIS) for 
this amendment includes discussion and analyses NMFS added to the 
environmental impact statement contained in the amendment the Council 
approved and submitted for Secretarial review. In the FSEIS, NMFS also 
included a revision of the IFRA originally integrated in the Council 
amendment. Additional text and analyses clarify the distinction between 
IFQ shareholders and IFQ allocation holders, and more clearly 
distinguish the roles and responsibilities of these two participant 
types.

FOR FURTHER INFORMATION CONTACT: Phil Steele, 727 824 5305; fax 727-
824-5308; e-mail: <a href="/cdn-cgi/l/email-protection#abdbc3c2c785d8dfcecec7ceebc5c4caca85ccc4dd"><span class="__cf_email__" data-cfemail="abdbc3c2c785d8dfcecec7ceebc5c4caca85ccc4dd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Council addressed overcapacity in the 
red snapper fishery in 1995 through Amendment 8 to the FMP. In this 
amendment, the Council examined several management alternatives 
including license limitation, IFQs, and more traditional management 
measures (i.e., open access), and determined an IFQ program had the 
most potential to address the immediate overcapitalization problems and 
achieve OY from the fishery. However, Amendment 8 was never implemented 
because of congressional action. Following the expiration of the 
congressional IFQ moratorium, NMFS conducted a referendum required by 
Section 407(c) of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) to determine whether commercial 
red snapper fishermen supported further consideration of an IFQ 
program. The Council began developing this amendment following a 
majority ``yes'' vote on the referendum. NMFS conducted the second 
referendum required by the Magnuson-Stevens Act to determine whether 
fishermen approved the IFQ amendment developed by the Council for 
submission to the Secretary of Commerce (Secretary). Following a 
majority ``yes'' vote in the second referendum, the Council at its 
March 2006 meeting voted to submit the IFQ amendment to the Secretary 
for review.
    The main action in this amendment (Action 1) is to establish an IFQ 
program. The following actions (Actions 2-11) determine the structure 
of the program. These actions are: IFQ program duration; ownership caps 
and restrictions on IFQ share certificates; eligibility for initial IFQ 
allocation; initial apportionment of IFQ shares; establishment and 
structure of an appeals process; transfer eligibility requirements; use 
it or lose it clause for IFQ shares or allocations; adjustments in 
commercial quota; use of a vessel monitoring system; and a cost 
recovery plan.
    A proposed rule that would implement the measures outlined in 
Amendment 26 has been received from the Council. In accordance with the 
Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine 
whether it is consistent with the FMPs, the Magnuson-Stevens Act, and 
other applicable law. If that determination is affirmative, NMFS will 
publish the proposed rule in the Federal Register for public review and 
comment.
    Comments received by October 2, 2006, whether specifically directed 
to Amendment 26 or the proposed rule, will be considered by NMFS in its 
decision to approve, disapprove, or partially approve the amendment. 
Comments received after that date will not be considered by NMFS in 
this decision. All comments received by NMFS on the amendment or the 
proposed rule during their respective comment periods will be addressed 
in the final rule.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 28, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-6645 Filed 7-28-06; 2:19 pm]
BILLING CODE 3510-22-S


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