[Federal Register Volume 71, Number 243 (Tuesday, December 19, 2006)]
[Rules and Regulations]
[Pages 75894-75895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990506119-9236-02; I.D. 121106C]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2006 Red 
Snapper Commercial Fishery

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

ACTION: Temporary rule; 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 the fall portion of the annual commercial quota for red 
snapper will have been reached by December 26, 2006. This closure is 
necessary to protect the red snapper resource.

DATES: Closure is effective noon, local time, December 26, 2006, until 
12:01 a.m., local time, on January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Jason Rueter, telephone 727-824-5350,

[[Page 75895]]

fax 727-824-5308, 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, 2006. The red snapper commercial 
fishing season was 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 10\th\ 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 with the Office of the Federal Register. 
Based on current statistics, NMFS has determined that the available 
fall commercial quota of 1.65 million lb (0.75 million kg) for red 
snapper will be reached when the fishery closes on December 26, 2006. 
Accordingly, NMFS is closing the commercial red snapper fishery in the 
Gulf of Mexico EEZ from noon, local time, on December 26, 2006, until 
12:01 a.m., local time, on January 1, 2007, when the red snapper 
individual fishing quota (IFQ) program becomes effective. The operator 
of a vessel with a valid commercial vessel permit for Gulf reef fish 
having red snapper aboard must have landed and bartered, traded, or 
sold such red snapper prior to noon, local time, December 26, 2006.
    During the closure, 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 26, 2006, 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 Administrator, Southeast Region, NMFS, 
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. Similarly, there is 
a need to implement these measures in a timely fashion to prevent an 
overage of the commercial quota of Gulf of Mexico 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. For these 
same reasons, NMFS finds good cause that the implementation of this 
action cannot be delayed for 30 days. Accordingly, under 5 U.S.C. 
553(d)(3), a delay in the effective date is waived.
    This action is required under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: December 12, 2006.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E6-21536 Filed 12-18-06; 8:45 am]
BILLING CODE 3510-22-S