[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Rules and Regulations]
[Page 70196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26637]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 112604A]


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

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

ACTION: 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 fall portion of the annual commercial quota for red 
snapper will be reached on December 15, 2004. This closure is necessary 
to protect the red snapper resource.

DATES: Closure is effective noon, local time, December 15, 2004, until 
noon, local time, on February 1, 2005.

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 remainder of the annual quota available. During the 
commercial season, the red snapper commercial 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 fall commercial 
quota of 1.60 million lb (0.73 million kg) for red snapper will be 
reached when the fishery closes at noon on December 15, 2004. 
Accordingly, the commercial fishery in the EEZ in the Gulf of Mexico 
for red snapper will remain closed until noon, local time, on February 
1, 2005. 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, December 15, 2004.
    During the closure, a person aboard a vessel for which a commercial 
permit for Gulf reef fish has been issued may not harvest or possess 
red snapper from the Gulf of Mexico, and the sale or purchase of red 
snapper taken from the EEZ is prohibited. The prohibition on sale or 
purchase does not apply to sale or purchase of red snapper that were 
harvested, landed ashore, and sold prior to noon, local time, December 
15, 2004, and were held in cold storage by a dealer or processor.

Classification

    This action is required by 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866. This action responds to the best 
available information recently obtained from the fishery. The Assistant 
Administrator for Fisheries, NOAA, finds 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. Such procedures are unnecessary because the rule 
itself has been subject to notice and comment, and all that remains is 
to notify the public of the closure. Allowing prior notice and 
opportunity for public comment is contrary to the public interest 
because it requires time during which harvest would likely exceed the 
quota. Similarly, NMFS finds good cause that the implementation of this 
action cannot be delayed for 30 days. Any delay in implementing this 
action would be impractical and contrary to the Magnuson-Stevens Act, 
the FMP, and the public interest. Given the capacity of the fishing 
fleet to exceed the quota quickly, there is a need to implement this 
measure in a timely fashion to prevent an overage of the commercial 
quota of Gulf red snapper. Accordingly, under 5 U.S.C. 553(d), a delay 
in the effective date is waived.

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

    Dated: November 29, 2004.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 04-26637 Filed 12-2-04; 8:45 am]
BILLING CODE 3510-22-S