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
58336 Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 

closed for 2010. It was suggested NMFS 

should not be authorized to change the 

existing regulations intended to protect 

the red snapper stock just because the 

quota was not harvested. It would be 

irresponsible to re-open the recreational 

red snapper fishing season without first 

determining the effects of the BP 

Deepwater Horizon MC252 oil spill to 

the environment and associated fish 

stocks. A stock assessment should be 

conducted before allowing additional 

fishing mortality. 

Response: NMFS acknowledges the 

concern for potential impact to fishery 

stocks from the BP Deepwater Horizon 

MC252 oil spill. Oil from the spill 

dispersed on the surface as well as 

within the water column. Red snapper 

spawn during summer and fall. Oil in 

surface waters could affect the survival 

of eggs and larvae; however, if oil has 

not dispersed to the ocean floor, the 

impacts to the demersal juvenile and 

adult red snapper and their benthic 

habitat may not be substantial. This 

anthropogenically-induced natural 

mortality on larvae caused by the oil 

spill could result in declines in 

recruitment in future year classes. 

At this time, data are not available to 

demonstrate any specific adverse effects 

of the BP Deepwater Horizon MC252 oil 

spill on the red snapper resource or its 

habitat. As a result, no information is 

available indicating that the 2010 

recreational red snapper quota should 

not be harvested. The current rebuilding 

schedule is intended to allow a specific 

harvest that will allow the stock to 

rebuild on a specified schedule, while 

providing for a quota-controlled harvest 

that will achieve maximum economic 

and social benefits. No information is 

available that indicates reduced harvests 

are necessary to maintain the current 

rebuilding schedule, i.e., to mitigate 

biological harm resulting from the oil 

spill. In the absence of biological harm 

or a need for beneficial mitigation 

(although not harvesting the quota 

would reduce overall fishing mortality), 

this would not be expected to result in 

greater economic and social benefits. In 

addition, substantial portions of the red 

snapper population are found in the 

northwestern and western Gulf (western 

Louisiana and Texas) and an increasing 

population of red snapper is reestablishing off the west Florida 

continental shelf. Spawning by these 

segments of the stock should mitigate 

the overall impact of any potentially 

compromised spawn by that part of the 

stock located in oil-affected areas. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

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

This emergency rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS prepared an FRFA. The FRFA 

describes the economic impact this 

emergency rule is expected to have on 

small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained at the beginning of this 

section in the preamble and in the 

SUMMARY section of the preamble. A 

copy of the FRFA is available from 

NMFS (see ADDRESSES). A summary of 

the FRFA analysis follows. 

The purpose of this emergency rule is 

to authorize the Regional Administrator, 

Southeast Region, NMFS (RA), to reopen the Gulf of Mexico recreational red 

snapper season after the September 30, 

2010, end of the fishing season in order 

to provide fishermen the opportunity to 

harvest the recreational red snapper 

quota, and to achieve the OY for the 

fishery, thus enhancing the social and 

economic benefits to the fishery. The 

Magnuson-Stevens Act provides the 

statutory basis for this emergency rule. 

This emergency rule does not 

establish any new reporting, recordkeeping, or other compliance 

requirements. No duplicative, 

overlapping, or conflicting Federal rules 

have been identified. 

No significant issues were raised by 

public comments in response to the 

Initial Regulatory Flexibility Analysis 

(IRFA) and no changes were made in the 

emergency rule as a result of such 

comments. 

This emergency rule will grant NMFS 

the authority to re-open the Gulf 

recreational red snapper season. 

Because this emergency rule will only 

grant the authority to re-open the red 

snapper fishing season, and not actually 

re-open the season (re-opening would 

only occur as a result of subsequent 

rule-making), this emergency rule is an 

administrative action and no direct 

effects on any small entities have been 

identified or are expected. 

However, a reasonably foreseeable 

consequence of this emergency rule is 

the re-opening of the Gulf red snapper 

fishing season. If the recreational red 

snapper season is re-opened, federally 

permitted for-hire fishing businesses 

that sell services to fish for red snapper 

in the Gulf of Mexico would be 

expected to be directly affected. The forhire fleet is comprised of charterboats, 

which charge a fee on a vessel basis, and 

headboats, which charge a fee on an 

individual angler (head) basis. A Gulf 

reef fish for-hire permit is required to 

harvest red snapper in the Federal 

waters of the Gulf of Mexico. During 

2009, there were 1,424 valid (nonexpired) Federal reef fish for-hire 

permits that allowed permit holders to 

fish during any portion of the year. 

Although the Federal for-hire permit 

does not distinguish between headboats 

and charter boats, an estimated 79 

headboats operate in the Gulf of Mexico. 

It cannot be determined with available 

data how many of the for-hire vessels 

permitted to operate in the reef fish 

fishery fish for or harvest red snapper, 

either through directed effort or 

incidental harvest, so all permitted 

vessels are assumed, for this analysis, to 

comprise the universe of potentially 

affected vessels. The average charterboat 

is estimated to earn approximately 

$88,000 (2008 dollars) in annual 

revenues, while the average headboat is 

estimated to earn approximately 

$461,000 (2008 dollars). 

The Small Business Administration 

has established size criteria for all major 

industry sectors in the U.S., including 

fish harvesters. A business involved in 

the for-hire fishing industry is classified 

as a small business if it is independently 

owned and operated, is not dominant in 

its field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $7.0 million 

(NAICS code 713990, recreational 

industries). Based on the average 

revenue estimates provided above, all 

for-hire vessels that would be expected 

to be directly affected by actual reopening of the red snapper season are 

determined for the purpose of this 

discussion to be small business entities. 

As stated previously, this emergency 

rule is an administrative action and no 

direct economic effects on any small 

entities have been identified or are 

expected. 

For-hire vessels that would be directly 

affected by subsequent rule-making to 

re-open the red snapper season would 

be expected to receive an increase of 

approximately $4.4 million (2008 

dollars) in net operating revenues 

(revenues minus non-labor variable 

operating costs) compared to not reopening. As previously discussed, it 

cannot be determined how many of the 

for-hire vessels permitted to operate in 

the reef fish fishery fish for or harvest 

red snapper. If spread over all 1,424 

vessels with Federal reef fish for-hire 

permits, this increase in net operating 

revenues would equate to an average of 

approximately $3,000 per vessel. 

However, not all for-hire vessels with 

Federal reef fish permits would be 

expected to benefit from re-opening the 


hsrobinson on DSK69SOYB1PROD with RULES
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Rules and Regulations 58337 

red snapper season, and some vessels 

would be expected to benefit more than 

others. Estimates of the average annual 

net operating revenues per vessel are 

not available, and estimates of the 

average annual gross revenues per 

vessel, provided above, are an 

inappropriate proxy because gross 

revenues do not account for operating 

expenditures. As a result, estimates of 

the average percentage increase in net 

operating revenues are not available. It 

is noted, however, that because these 

effects would only occur in response to 

subsequent rule-making, these effects 

would indirectly result from this 

emergency rule. 

Because no direct effects on any small 

entities have been identified or are 

expected to occur as a result of this 

emergency rule, the issue of significant 

alternatives is not relevant. 

Pursuant to the Administrative 

Procedure Act, 5 U.S.C. 553(d)(3), the 

Assistant Administrative for Fisheries 

(AA) finds good cause to waive the 

delay in effectiveness of this final 

emergency rule. This rule grants NMFS 

the authority to re-open the Gulf 

recreational red snapper season. The reopening of the red snapper fishing 

season would only occur as a result of 

subsequent rule-making. This 

emergency rule is purely procedural in 

nature, and does not impose any new 

compliance requirements or reporting 

burdens on the public for which a delay 

in effectiveness would be necessary. For 

these reasons, the AA finds good cause 

to waive the 30-day delay in 

effectiveness of this rulemaking. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: September 20, 2010. 

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:AUTH≤ 

Authority: 

16 U.S.C. 1801 et seq. 

■ 2. In § 622.34, paragraph (m) is 

suspended and paragraph (v) is added to 

read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(v) 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. 

[FR Doc. 2010–23993 Filed 9–21–10; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 090511911–0307–02] 

RIN 0648–AX89 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Chinook Salmon 

Bycatch Management in the Bering 

Sea Pollock Fishery; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correction to final rule. 

SUMMARY: This document contains three 

corrections to the final rule pertaining to 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Chinook Salmon 

Bycatch Management in the Bering Sea 

Pollock Fishery published on August 

30, 2010. These corrections amend 

content within tables to eliminate 

potential confusion by the public. 

DATES: Effective September 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Seanbob Kelly, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Background 

A final rule was published in the 

Federal Register on August 30, 2010 (75 

FR 53026) that revises several sections 

of regulations that pertain to the 

management of Chinook salmon bycatch 

in the Bering Sea subarea of the Bering 

Sea and Aleutian Islands Management 

Area (BSAI). This final rule applies to 

owners and operators of catcher vessels, 

catcher/processors, motherships, 

inshore processors, and the six Western 

Alaska Community Development Quota 

(CDQ) Program groups participating in 

the pollock (Theragra chalcogramma) 

fishery that is managed under the 

Fishery Management Plan for 

Groundfish of the BSAI. 

The first error is an incorrect table 

number that exists within a table used 

to determine the amount of Chinook 

salmon associated with each CDQ 

group. The second and third errors 

occur in the ‘‘locate and remove’’ table. 

The ‘‘locate and remove’’ table is used to 

define specific technical changes in 

regulatory citations. The errors occurred 

in the listing of specific citation changes 

in this table. These changes are 

unnecessary and need to be removed 

because the citations are identified 

earlier for removal in the amendatory 

instructions. These errors should be 

corrected immediately to eliminate 

potential confusion by the regulated 

public. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

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

prior notice and the opportunity for 

public comment because it would be 

unnecessary and contrary to the public 

interest. These errors should be 

corrected immediately to eliminate 

potential confusion by the regulated 

public. If the effective date for these 

corrections is delayed to solicit prior 

public comment, these technical errors 

will not be corrected by the effective 

date of this final rule, thereby 

undermining the conservation and 

management objectives of the FMP. The 

AA further finds, pursuant to 5 U.S.C 

553(d)(3), good cause to waive the thirty 

(30) day delayed effectiveness period for 

the reasons stated above. 

NMFS is correcting these errors and is 

not making substantive changes to the 

document in rule FR Doc. 2010–20618 

published on August 30, 2010 (75 FR 

53026). 

Need for Correction 

Accordingly, the final rule published 

on August 30, 2010 (75 FR 53026), to be 

effective September 29, 2010, is 

corrected as follows: 

§ 679.21 [Corrected] 

1. On page 53061, in § 679.21 

(f)(4)(i)(D), in the fourth column of the 

table, under the column heading 

‘‘Reduce the B season allocation by the 

sum of the amount of Chinook salmon 

associated with each vessel or CDQ 

group not participating in an IPA:’’, 

correct the reference to ‘‘Table 43d’’ to 

read as ‘‘Table 47d’’. 

§§ 679.7 and 679.26 [Corrected] 

2. On page 53069, in the ‘‘locate and 

remove’’ table at the bottom of the page, 

under all four columns, remove line 

seven, that starts with, ‘‘§ 679.7(d)(18)’’ 

and remove line eleven that starts with 

‘‘§ 679.26(c)(1).’’ 


hsrobinson on DSK69SOYB1PROD with RULES