[Federal Register Volume 69, Number 168 (Tuesday, August 31, 2004)]
[Rules and Regulations]
[Page 53015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19868]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 082404C]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the Spring 
Commercial Red Snapper Component

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

ACTION: Notice of closure.

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SUMMARY: NMFS closes the commercial fishery for red snapper in the 
exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has 
determined that the spring portion of the annual commercial quota for 
red snapper was reached on August 10, 2004. This closure is necessary 
to protect the red snapper resource.

DATES: Closure is effective from noon, local time, August 10, 2004, 
until noon, local time, on October 1, 2004.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone 727-570-5305, 
fax 727-570-5583, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf of Mexico 
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 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. Those 
regulations set the commercial quota for red snapper in the Gulf of 
Mexico at 4.65 million lb (2.11 million kg) for the current fishing 
year, January 1 through December 31, 2004. The red snapper commercial 
fishing season is split into two time periods, the first commencing at 
noon on February 1 with two-thirds of the annual quota (3.10 million lb 
(1.41 million kg)) available, and the second commencing at noon on 
October 1 with the remaining one-third of the annual quota (1.55 
million lb (0.70 million kg)) available. During the commercial fishing 
season, the red snapper fishery opens at noon on the first of each 
month and closes at noon on the 10th of each month, until the 
applicable commercial quotas are reached.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect in the Federal Register. Based on current 
statistics, NMFS has determined that the available spring commercial 
quota of 3.10 million lb (1.41 million kg) for red snapper was reached 
when the fishery closed at noon on August 10, 2004. Accordingly, the 
commercial fishery in the EEZ in the Gulf of Mexico for red snapper 
will remain closed until noon, local time, on October 1, 2004. The 
operator of a vessel with a valid reef fish permit having red snapper 
aboard must have landed and bartered, traded, or sold such red snapper 
prior to noon, local time, August 10, 2004.
    During the closure, the bag and possession limits specified in 50 
CFR 622.39(b) apply to all harvest or possession of red snapper in or 
from the EEZ in the Gulf of Mexico, and the sale or purchase of red 
snapper taken from the EEZ is prohibited. In addition, the bag and 
possession limits for red snapper apply on board a vessel for which a 
commercial permit for Gulf reef fish has been issued, without regard to 
where such red snapper were harvested. However, the bag and possession 
limits for red snapper apply only when the recreational quota for red 
snapper has not been reached and the bag and possession limit has not 
been reduced to zero. The 2004 recreational red snapper season opened 
on April 21, 2004 and will close on October 31, 2004. The prohibition 
on sale or purchase does not apply to the sale or purchase of red 
snapper that were harvested, landed ashore, and sold prior to noon, 
local time, August 10, 2004, and were held in cold storage by a dealer 
or processor.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to close 
the fishery constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(3)(B), as such procedures would 
be unnecessary and contrary to the public interest. Similarly, there is 
a need to implement these measures in a timely fashion to prevent an 
overrun of the commercial quota of Gulf red snapper, given the capacity 
of the fishing fleet to harvest the quota quickly. Any delay in 
implementing this action would be impractical and contrary to the 
Magnuson-Stevens Act, the FMP, and the public interest. NMFS finds for 
good cause that the implementation of this action cannot be delayed for 
30 days. Accordingly, under 5 U.S.C. 553(d), a delay in the effective 
date is waived.
    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: August 24, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-19868 Filed 8-30-04; 8:45 am]
BILLING CODE 3510-22-S