58334 Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 

§ 1503.631 [Amended] 

■ 3. In § 1503.631(c)(2) remove the 

reference ‘‘§ 1503.215’’ and add in its 

place the reference ‘‘§ 1503.623’’. 

■ 4. In § 1503.659 revise paragraph (e) to 

read as follows: 

§ 1503.659 Petition to reconsider or modify 

a final decision and order of the TSA 

decision maker on appeal. 

* * * * * 

(e) Reply petitions. Any other party 

may reply to a petition to reconsider or 

modify, not later than 30 days after 

service of the petition on that party, by 

filing a reply with the Enforcement 

Docket Clerk. A party must serve a copy 

of the reply on each party. 

* * * * * 

Issued in Arlington, Virginia, on 

September 17, 2010. 

John S. Pistole, 

Administrator. 

[FR Doc. 2010–23985 Filed 9–23–10; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 970730185–7206–02] 

RIN 0648–XY73 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; ReOpening of the 2010 Gulf of Mexico 

Recreational Red Snapper Season 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; re-opening. 

SUMMARY: NMFS re-opens the 

recreational red snapper component of 

the reef fish fishery in the exclusive 

economic zone (EEZ) of the Gulf of 

Mexico (Gulf). NMFS previously 

determined the recreational red snapper 

quota would be reached by 12:01 a.m., 

local time, July 24, 2010. However, due 

to the Deepwater Horizon MC252 oil 

spill and the associated large-area 

fishery closure (fishery closed area) in 

the north-central Gulf where a 

substantial portion of the recreational 

red snapper fishing efforts occurs, the 

latest landings estimates indicate the 

quota was not reached by that date. 

Therefore, NMFS will re-open the 

recreational red snapper season, for 

eight consecutive weekends (Friday 

through Sunday), beginning October 1, 

2010. The intent of this action is to 

provide fishermen the opportunity to 

harvest the recreational red snapper 

quota, and the opportunity to achieve 

the optimum yield for the fishery, thus 

enhancing social and economic benefits 

to the fishery. 

DATES: The re-opening is effective each 

weekend, from 12:01 a.m., local time, 

Fridays, through 12:01 a.m., local time, 

Mondays, beginning October 1, 2010, 

until 12:01 a.m., local time, November 

22, 2010. The season will then be closed 

until it reopens on June 1, 2011, the 

beginning of the 2011 recreational 

fishing season. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Steve.Branstetter@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 

Gulf of Mexico Fishery Management 

Council (Council) and is implemented 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

On June 2, 2010, NMFS implemented 

a recreational quota for Gulf red snapper 

of 3.403 million lb (1.544 million kg) 

and a commercial quota of 3.542 million 

lb (1.607 million kg) through a 

regulatory amendment (75 FR 23186, 

May 3, 2010). These quotas are based on 

the Councils( recommended total 

allowable catch of 6.945 million lb 

(3.150 million kg) for 2010 and 

subsequent fishing years, and the 

allocation ratios in the FMP. 

The Magnuson-Stevens Act requires 

NMFS to close the recreational red 

snapper component of the Gulf reef fish 

fishery in Federal waters when the 

quota is met or projected to be met. 

Finalized 2009 recreational landings 

data indicated the recreational quota 

was projected to be met on or by July 

23, 2010. Therefore, in the rule that 

published May 3, 2010 (75 FR 23186), 

NMFS announced the recreational red 

snapper fishing season would close at 

12:01 a.m., local time, July 24, 2010, 

which constituted a 53-day fishing 

season. 

Because of the Deepwater Horizon 

MC252 oil spill, NMFS subsequently 

closed a large area in the north-central 

Gulf to fishing (fishery closed area), 

resulting in lower than expected 

landings for recreational red snapper. 

Because the fishery closed area is 

located where a substantial portion of 

the recreational red snapper fishing 

occurs, the Council did not expect the 

recreational red snapper quota to be met 

by July 23rd. Therefore, at its June 2010 

meeting, the Council requested NMFS 

publish emergency rulemaking to 

authorize the RA to re-open the 

recreational red snapper season after 

September 30th, the end of the fishing 

season. A proposed rule was published 

on August 16, 2010 (75 FR 49883) and 

NMFS requested public comment 

through August 31, 2010. NMFS 

published a final rule in the same issue 

of the Federal Register, authorizing the 

RA to re-open the recreational red 

snapper fishing season after September 

30th. 

Based on the most recent landings 

data, NMFS has determined that 32 

percent of the available recreational 

quota was landed by the July 23rd 

closure date. Based on landings rates 

and the remaining recreational quota of 

approximately 2.3 million lb (1.1 

million kg), NMFS has determined the 

recreational red snapper season can reopen. At its August 2010 meeting, the 

Council voted to re-open the season on 

eight consecutive Fridays, Saturdays, 

and Sundays, beginning at 12:01 a.m., 

local time, on October 1, 2010 and 

closing at 12:01 a.m., local time, on 

Monday, November 22, 2010 (24 fishing 

days). In the interim, weekend openings 

would start at 12:01 a.m., local time, on 

Fridays and stay open through 12:01 

a.m., local time, on Mondays. The 

season will then be closed until 12:01 

a.m., local time, June 1, 2011, the 

beginning of the 2011 recreational 

fishing season. 

During the open period, the bag and 

possession limit for recreational Gulf 

red snapper is two fish. However, no red 

snapper may be retained by the captain 

and crew of a vessel operating as a 

charter vessel or headboat. The bag limit 

for such captain and crew is zero. 

During the closed period, the bag and 

possession limit for recreational Gulf 

red snapper is zero. A person aboard a 

vessel for which a Federal charter 

vessel/headboat permit for Gulf reef fish 

has been issued, must also abide by 

these closure provisions in state waters 

if Federal regulations are more 

restrictive than applicable state law. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(3)(B). Allowing prior 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 58335 

notice and opportunity for public 

comment on the re-opening is 

unnecessary because the rule 

establishing the annual quota has 

already been subject to notice and 

comment, and all that remains is to 

notify the public that additional harvest 

remains in the established quota and, 

therefore, the fishery will re-open for a 

limited time period. 

This rule relieves a restriction by reopening the recreational red snapper 

season after September 30, the end of 

the fishing season. Because it relieves a 

restriction, this rule is not subject to the 

30-day delayed effectiveness provision 

of the Administrative Procedures Act 

pursuant to 5 U.S.C. 553(d)(1). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

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

Dated: September 21, 2010. 

Carrie Selberg, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–23992 Filed 9–21–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100713296–0452–02] 

RIN 0648–BA06 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Emergency Rule to Authorize ReOpening the Recreational Red Snapper 

Season 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Emergency rule. 

SUMMARY: NMFS issues this emergency 

rule to authorize the Regional 

Administrator, Southeast Region, NMFS 

(RA) to re-open the Gulf of Mexico 

(Gulf) recreational red snapper season 

after the September 30, 2010, end of the 

fishing season. NMFS has determined 

that the recreational red snapper quota 

was not met by the 12:01 a.m., local 

time, July 24, 2010, closure date. The BP 

Deepwater Horizon MC252 oil spill and 

the associated large-area fishery closure 

(fishery closed area) in the north-central 

Gulf are located where a substantial 

portion of the recreational red snapper 

fishing effort occurs. Therefore, the Gulf 

of Mexico Fishery Management Council 

(Council) requested NMFS publish this 

emergency rule. The intent of this 

rulemaking is to provide the RA the 

authority to allow fishermen the 

opportunity to harvest the recreational 

red snapper quota, and to achieve the 

optimum yield for the fishery, thus 

enhancing social and economic benefits 

to the fishery. 

DATES: This emergency rule is effective 

September 24, 2010 through December 

31, 2010. 

ADDRESSES: Copies of the environmental 

assessment, the final regulatory 

flexibility analysis (FRFA), and the 

regulatory impact review for this rule 

may be obtained from the Southeast 

Regional Office, NMFS, 263 13th 

Avenue S., St. Petersburg, FL 33701; 

telephone 727–824–5305; fax 727–824– 

5308; e-mail steve.branstetter@noaa.gov; 

or may be downloaded from the SERO 

Web site at http://sero.nfms.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Steve Branstetter, 727–824–5796. 

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, 16 U.S.C. 1801, et seq. (MagnusonStevens 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)). 

On August 16, 2010, NMFS published 

a proposed emergency rule to grant the 

RA the authority to re-open the Gulf 

recreational red snapper season after 

September 30, and requested public 

comment (75 FR 49883). The rationale 

for the measures contained in this 

emergency rule is provided in the 

environmental assessment and the 

proposed emergency rule and is not 

repeated here. 

Comments and Responses 

A total of 139 comments were 

received on the proposed emergency 

rule. A summary of those comments, 

and NMFS responses, follows. 

Comment 1: More than 50 percent of 

the comments expressed broad general 

support re-opening the recreational red 

snapper fishing season during 2010 

without regard to specific timing. 

Another 25 percent specifically 

expressed support for re-opening later 

in the year and/or giving NMFS the 

authority to re-open the season after the 

September 30 end of the fishing season. 

At its August 2010 meeting, the Council 

recommended re-opening the 

recreational red snapper fishing season 

on eight consecutive weekends (Friday 

through Sunday) beginning October 1, 

2010. Several comments received after 

this meeting expressed opinions 

regarding weekend openings versus 

opening during the week as well. 

Response: This emergency rule gives 

the RA the authority to re-open the 

recreational red snapper fishing season 

after September 30, 2010. Without this 

rulemaking NMFS is only authorized to 

re-open the season through the end of 

the designated June 1 through 

September 30 fishing season. The 

recreational red snapper quota is 

established based on an allowable 

biological catch level determined from 

the results of a peer-reviewed and vetted 

stock assessment, which is based on the 

best scientific information available. 

This rulemaking will provide the 

opportunity for the recreational sector to 

harvest the remaining quota and achieve 

the Council’s designated optimum yield 

(OY) for the fishery, thus enhancing 

social and economic benefits to 

fishermen and the tourism industries of 

Gulf coastal communities. The timing 

and duration of a re-opening will not 

affect the goal of harvesting the 

allowable catch established in 

accordance with the red snapper 

rebuilding plan, which seeks to achieve 

OY for the red snapper component of 

the reef fish fishery. NMFS will publish 

an additional rulemaking specifying the 

dates of a re-opening. 

Comment 2: A few comments 

suggested that areas that had been open 

to fishing during the June 1 through July 

23 recreational red snapper season 

should remain closed. Any re-opening 

of the season should be restricted to 

those areas that had been closed to all 

fishing because of BP Deepwater 

Horizon MC252 oil spill, but are now reopened to fishing. 

Response: The recreational red 

snapper quota is a Gulf-wide quota; it is 

not separated into regional components. 

Current regulations do not allow NMFS 

to designate fishing season openings for 

specific geographic regions. In addition, 

many areas are still closed to all fishing 

because of the BP Deepwater Horizon 

MC252 oil spill, and may not be reopened to fishing during the 

recommended eight consecutive 

weekend openings. Re-opening the 

recreational red snapper fishing season 

to specific geographic regions would 

create substantial regulatory confusion 

for the public, and increase the 

difficulty of enforcement. 

Comment 3: A few comments 

suggested that the recreational red 

snapper fishing season should remain 


hsrobinson on DSK69SOYB1PROD with RULES