27658 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 

Table 1 would be eligible to carry an 

observer if requested. However, NMFS 

would only request a fraction of the 

total number of participants to carry an 

observer based on the sampling protocol 

identified for each fishery by regional 

observer programs. As noted throughout 

this proposed rule, NMFS would select 

vessels and focus coverage in times and 

areas where fishing effort overlaps with 

sea turtle distribution. Due to the 

unpredictability of fishing effort, NMFS 

cannot determine the specific number of 

vessels that would be requested to carry 

an observer. 

If a vessel is requested to carry an 

observer, fishers will not incur any 

direct economic costs associated with 

carrying that observer. Potential indirect 

costs to individual fishers required to 

take observers may include: lost space 

on deck for catch, lost bunk space, and 

lost fishing time due to time needed to 

process bycatch data. For effective 

monitoring, however, observers will 

rotate among a limited number of 

vessels in a fishery at any given time 

and each vessel within an observed 

fishery has an equal probability of being 

requested to accommodate an observer. 

The potential indirect costs to 

individual fishers are expected to be 

minimal because observer coverage 

would only be required for a small 

percentage of an individual vessel’s 

total annual fishing time. In addition, 50 

CFR 222.404(b) states that an observer 

will not be placed on a vessel if the 

facilities for quartering an observer or 

performing observer functions are 

inadequate or unsafe, thereby exempting 

vessels too small to accommodate an 

observer from this requirement. As a 

result of this certification, an initial 

regulatory flexibility analysis is not 

required and was not prepared. 

The requirements to carry an observer 

when requested for those fisheries 

included on the 2010 AD through this 

final rule are included under an existing 

collection-of-information that was 

approved by the Office of Management 

and Budget (OMB) under OMB control 

number 0648–0593. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

OMB Control Number. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

An environmental assessment (EA) 

was prepared under the National 

Environmental Policy Act (NEPA) for 

regulations to implement this observer 

requirement in 50 CFR part 222, subpart 

D. The EA concluded that implementing 

these regulations would not have a 

significant impact on the human 

environment. This fianl rule would not 

make any significant change in the 

management of fisheries included on 

the AD, and therefore, this final rule 

would not change the analysis or 

conclusion of the EA. If NMFS takes a 

management action, for example, 

requiring fishing gear modifications 

such as TEDs, NMFS would first 

prepare an environmental document as 

required under NEPA and specific to 

that action. 

This final rule would not affect 

species listed as threatened or 

endangered under the Endangered 

Species Act (ESA) or their associated 

critical habitat. The impacts of 

numerous fisheries have been analyzed 

in various biological opinions, and this 

final rule would not affect the 

conclusions of those opinions. 

Including fisheries on the AD is not 

considered to be a management action 

that would adversely affect threatened 

or endangered species. If NMFS takes a 

management action, for example, 

requiring modifications to fishing gear 

and/or practices, NMFS would review 

the action for potential adverse affects to 

listed species under the ESA. 

This final rule would have no adverse 

impacts on sea turtles and may have a 

positive impact on sea turtles by 

improving knowledge of sea turtles and 

the fisheries interacting with sea turtles 

through information collected from 

observer programs. 

Literature Cited 

Murray, K.T. 2009. Characteristics 

and magnitude of sea turtle bycatch in 

US mid-Atlantic gillnet gear. 

Endangered Species Research 8:211– 

224. 

National Marine Fisheries Service. 

2009. Draft 2009 Marine Mammal Stock 

Assessment Reports for the Atlantic 

Ocean and Gulf of Mexico. 

http://www.nmfs.noaa.gov/pr/pdfs/ 

sars/ao2009ldraftlappendices.pdf 

Dated: May 11, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–11856 Filed 5–17–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 090508900–91414–02] 

RIN 0648–AX75 

Fisheries of the Caribbean, Gulf of 

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

Red Snapper Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; interim 

measures extended. 

SUMMARY: NMFS issues this temporary 

rule to extend the effective date of 

interim measures to reduce overfishing 

of red snapper in the South Atlantic 

implemented by a temporary rule 

published by NMFS on December 4, 

2009 (74 FR 63673). This temporary rule 

extends the closure of the commercial 

and recreational fisheries for red 

snapper in the exclusive economic zone 

(EEZ) of the South Atlantic as requested 

by the South Atlantic Fishery 

Management Council (Council). The 

intended effect of this rule is to reduce 

overfishing of red snapper in the South 

Atlantic. 

DATES: The effective date for the interim 

rule published at 74 FR 63673, 

December 4, 2009, is extended from 

June 3, 2010, through December 5, 2010, 

unless NMFS publishes a superseding 

document in the Federal Register. 

ADDRESSES: Copies of the final 

regulatory flexibility analysis (FRFA) 

and environmental assessment (EA) may 

be obtained from Karla Gore, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

FOR FURTHER INFORMATION CONTACT: 

Karla Gore, telephone: 727–551–5305. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery off the southern 

Atlantic states is managed under the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP). The FMP was 

prepared by the Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

On December 4, 2009, NMFS 

published the final temporary rule (74 

FR 63673) to implement measures to 

establish a closure of the commercial 


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Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Rules and Regulations 27659 

and recreational fisheries for red 

snapper in the South Atlantic. The 

purpose of the interim measures and 

this extension of the rule is to reduce 

the overfishing of red snapper while 

long-term management measures are 

developed and implemented through 

Amendment 17A to the FMP. 

Amendment 17A, currently under 

development by the Council, will 

include management measures to end 

overfishing and rebuild the red snapper 

stock. Section 305(c)(2) of the 

Magnuson-Stevens Act provides the 

Council the authority to request interim 

measures, if necessary, to reduce 

overfishing. On March 23, 2009, the 

Council submitted a letter to NMFS 

requesting interim measures to prohibit 

the harvest and possession of red 

snapper in the South Atlantic. Section 

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

Act allows for interim measures to be 

extended for one additional period of 

186 days provided that the public has 

had an opportunity to comment on the 

interim measures and that the Council 

is actively preparing a plan amendment 

to address the overfishing on a 

permanent basis. A proposed temporary 

rule, published on July 6, 2009 (74 FR 

31906), requested public comments on 

these same interim measures. NMFS 

responded to these comments in the 

final temporary rule published on 

December 4, 2009 (74 FR 63673), and 

they are not repeated here. 

This rule extends, for an additional 

186 days, a closure of the commercial 

and recreational fisheries for red 

snapper in the South Atlantic EEZ. 

During this closure, the harvest, 

possession, or sale of red snapper in or 

from the South Atlantic EEZ is 

prohibited for both commercial and 

recreational fishermen. For a person 

issued a valid commercial vessel permit 

or charter vessel/headboat permit for 

South Atlantic snapper-grouper, the 

provisions of this rule apply regardless 

of where the red snapper are harvested 

(i.e., state or Federal waters). 

Classification 

The Administrator, Southeast Region, 

NMFS, (RA) has determined that the 

interim measures this temporary rule 

extends are necessary for the 

conservation and management of the 

South Atlantic red snapper stock, until 

more permanent measures are 

implemented, and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. The Council is 

preparing Amendment 17A to establish 

long-term measures to end the 

overfishing of red snapper and rebuild 

the stock. 

This temporary rule has been 

determined to be not significant for 

purposes of E.O. 12866. 

This interim rule is exempt from the 

procedures of the Regulatory Flexibility 

Act because the rule is issued without 

opportunity for prior notice and 

comment. 

An EA was prepared for the interim 

measures contained in the December 4, 

2009, interim rule (74 FR 63673). 

Because the conditions that existed at 

the time the December 4, 2009, interim 

rule was implemented have not 

changed, the impacts of continuing the 

interim measures through this extension 

have already been considered. Copies of 

the EA are available from NMFS (see 

ADDRESSES). 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

under 5 U.S.C. 553 (b)(B) to waive prior 

notice and opportunity for public 

comment on this interim rule extension. 

This rule would continue interim 

measures implemented by the December 

4, 2009, interim rule, for not more than 

an additional 186 days beyond the 

current expiration date of June 2, 2010. 

The conditions prompting the initial 

interim rule still remain, and more 

permanent measures to be completed 

through Amendment 17A have not yet 

been finalized. Failure to extend these 

interim measures, while the Council 

continues to develop more permanent 

measures in Amendment 17A, would 

result in additional overfishing of the 

red snapper stock, in violation of 

national standard 1 of the MagnusonStevens Act. 

For the aforementioned reasons, the 

AA also finds good cause under 5 U.S.C. 

553 (d)(3) to waive the 30-day delay in 

effectiveness of this rule. 

Dated: May 12, 2010 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–11854 Filed 5–17–10; 8:45 am] 

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