[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Rules and Regulations]
[Pages 27658-27659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11854]


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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; 
Snapper-Grouper 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.

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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

[[Page 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 Magnuson-Stevens 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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