[Federal Register Volume 70, Number 91 (Thursday, May 12, 2005)]
[Proposed Rules]
[Pages 25012-25013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9517]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 050405E]


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

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

ACTION: Receipt of petition for emergency regulations or interim 
measures; request for comments.

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SUMMARY: NOAA announces receipt of a petition for emergency regulations 
or interim measures, filed by The Coastal Conservation Association 
(CCA) under authority of the Magnuson-Stevens Fishery Conservation and 
Management Act and the Administrative Procedure Act. CCA has petitioned 
the U.S. Department of Commerce to promulgate emergency regulations or 
interim measures to address overfishing of red snapper in the Gulf of 
Mexico primarily by further reducing bycatch of juvenile red snapper in 
the Gulf shrimp fishery. NMFS is soliciting public comment on this 
petition to help determine whether NMFS should proceed with the 
development of regulations suggested by the petitioner.

DATES: Comments will be accepted through 5 p.m. eastern time July 11, 
2005.

ADDRESSES: You may submit comments on this petition for rulemaking, 
including its objectives, the need for such regulation, alternative 
approaches, and any other comments by any of the following methods:
     E-mail: [email protected]. Include in the subject line 
the following document identifier: RSPetition.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Phil Steele, Southeast Regional Office, NMFS, 263 
13\th\ Avenue South, St. Petersburg, FL 33701.
     Fax: 727-824-5308; Attention: Phil Steele.
    Copies of the petition are available from NMFS at the address 
above.

FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone 727-551-5784, 
fax 727-824-5308, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The petition filed by CCA states the red 
snapper stock in the Gulf of Mexico is overfished and undergoing 
overfishing. Although the petition acknowledges the directed red 
snapper commercial and recreational sectors share responsibility for 
rebuilding the stock, the petition asserts failure of bycatch reduction 
devices (BRDs), required in the Gulf shrimp fishery to meet established 
bycatch reduction standards, makes recovery of the Gulf red snapper 
fishery unlikely and ensures years of continued overfishing of red 
snapper. The petition seeks emergency regulations or interim measures 
primarily to stop the overfishing resulting from excessive bycatch of 
juvenile red snapper in the Gulf shrimp fishery.
    The CCA petition states that the prevention of overfishing and 
recovery of the red snapper stock is predicated on at least a 44-
percent reduction in bycatch of juvenile red snapper by the Gulf shrimp 
fishery. Further, because recent research indicates current BRD

[[Page 25013]]

use, in practice, yields only a 12-percent bycatch reduction, the 
existing plan for preventing overfishing and rebuilding the red snapper 
stock must be declared a failure. The petition seeks implementation of 
emergency regulations or interim measures that would result in bycatch 
reduction sufficient to allow the red snapper stock to rebuild within 
the time period established in the Fishery Management Plan for Reef 
Fish Resources of the Gulf of Mexico. The petition states that such 
measures should include strict bycatch quotas tracked by observer data, 
bag limits, TAC restrictions, time and area closures or restrictions, 
improved BRDs, season limitations, seasonal closures, and other 
reduction measures. In addition, a firm target for bycatch reduction of 
between 60 percent and 80 percent of historic levels should be set, 
with a time line established that achieves that target within the 
shortest time possible. The petition also proposes a mandated effort 
reduction program for the Gulf shrimp fleet. The petition concludes 
that the directed recreational and commercial red snapper sectors have 
already adopted many of the measures necessary to rebuild the stock.
    NMFS is soliciting public comment on this petition. Comments 
received by 5 p.m. eastern time July 11, 2005 will be considered by 
NMFS in determining whether to proceed with the development of 
regulations suggested by the petition. Upon determining whether to open 
the rulemaking suggested by the petition, the Assistant Administrator 
for Fisheries, NOAA, will publish a notice of the agency's decision or 
action in the Federal Register.

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

    Dated: May 9, 2005.
Alan D. Risenhoover
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 05-9517 Filed 5-11-05; 8:45 am]
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