[Federal Register Volume 72, Number 184 (Monday, September 24, 2007)]
[Rules and Regulations]
[Pages 54223-54225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18785]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0612243157-7522-05; I.D. 112006B]
RIN 0648-AT87


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Extension of Effective Date of 
Gulf Red Snapper Management Measures

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

ACTION: Temporary rule; interim measures.

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SUMMARY: NMFS issues this temporary rule to amend, and extend the 
effective date of, interim measures to reduce overfishing of red 
snapper in Federal waters of the Gulf of Mexico implemented by a 
temporary rule published by NMFS on April 2, 2007. This temporary rule 
amends the regulations to provide an option for a special procedure for 
the initial calculation of Gulf of Mexico red snapper 2008 individual 
fishing quota allocations. The intended effect is to reduce overfishing 
of red snapper in the Gulf of Mexico.

DATES: This rule is effective September 30, 2007, through March 28, 
2008.

ADDRESSES: Copies of the final environmental impact statement (FEIS) 
and Record of Decision (ROD) prepared for the April 2, 2007 interim 
final rule (72 FR 15617) are available from Peter Hood, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

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

SUPPLEMENTARY INFORMATION: The red snapper fishery of the Gulf of 
Mexico is managed under the Fishery Management Plan (FMP) for the Reef 
Fish Resources of the Gulf of Mexico, and the shrimp fishery is managed 
under the FMP for the Shrimp Fishery of the Gulf of Mexico. The FMPs 
were prepared by the Gulf of Mexico Fishery Management Council 
(Council) and are implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
by regulations at 50 CFR part 622.
    NMFS issued an interim rule (72 FR 15617, April 2, 2007) under 
section 305 (c) of the Magnuson-Stevens Act, to reduce fishing 
mortality on red snapper by reducing harvest and bycatch levels. 
Specifically, the rule: (1) reduces red snapper total allowable catch 
(TAC) from 9.12 million lb (4.14 million kg) to 6.5 million lb (2.9 
million kg), whole weight, resulting in a commercial quota of 3.315 
million lb (1.504 million kg) and a recreational quota of 3.185 million 
lb (1.445 million kg); (2) reduces the commercial minimum size limit 
for red snapper from 15 inches (38 cm) to 13 inches (33 cm) total 
length (TL); (3) reduces the daily recreational bag limit from four 
fish to two fish per person and prohibits the captain and crew of for-
hire vessels (charter vessels and headboats) from retaining the 
recreational bag limit; and (4) establishes a goal to reduce red 
snapper bycatch mortality in the shrimp fishery to 50 percent of the 
bycatch mortality that occurred during 2001-2003. These measures remain 
necessary to address overfishing of the red snapper resource.
    Under section 305 (c)(3)(B) of the Magnuson-Stevens Act, NMFS may 
extend the effectiveness of an interim rule for one additional period 
of not more than 186 days, provided the public has had an opportunity 
to comment on the interim rule and the Council is actively preparing 
proposed regulations to address the overfishing on a permanent basis. 
NMFS solicited public comments on the interim proposed rule (71 FR 
75220, December 14, 2006) and received numerous comments. These 
comments were summarized and NMFS's responses were provided in the 
interim final rule (72 FR 15617, April 2, 2007). The Council has 
prepared joint Amendment 27/14 to the reef fish and shrimp fishery 
management plans in the Gulf of Mexico (Amendment 27/14). This 
amendment includes additional measures to end overfishing and to 
rebuild the red snapper stock. The expiration date of the interim rule 
is being extended so that NMFS may continue to address overfishing of 
red snapper while considering the implementation of more permanent 
measures recommended by the Council in Amendment 27/14. Failure to 
extend the effectiveness of the initial interim rule would result in 
overfishing of Gulf red snapper and would jeopardize the red snapper 
rebuilding plan.
    Additional details concerning the basis for these changes to the 
red snapper management measures and discussion of the ongoing efforts 
of the Council and NMFS to evaluate and implement measures to rebuild 
the red snapper stock consistent with the

[[Page 54224]]

requirements of the Magnuson-Stevens Act are contained in the preamble 
of the interim proposed rule (71 FR 75220, December 14, 2006) and are 
not repeated here. Public comment and NMFS' responses are contained in 
the preamble of the interim final rule (72 FR 15617, April 2, 2007) and 
are not repeated here.
    In addition, this temporary rule amends the regulations to provide 
an option for a special procedure for the initial calculation of Gulf 
of Mexico red snapper 2008 individual fishing quota allocations. The 
Council has submitted Amendment 27/14 to NMFS for approval. If 
approved, Amendment 27/14 would, in addition to other measures, reduce 
the commercial red snapper quota from 3.315 million lb (1.504 million 
kg) to 2.55 million lb (1.16 million kg) beginning January 1, 2008. 
NMFS must calculate and issue 2008 individual fishing quota (IFQ) 
allocations prior to January 1, 2008, the beginning of the commercial 
red snapper fishing season. If Amendment 27/14 is approved, and NMFS 
implements the reduced quota via appropriate rulemaking, there is a 
possibility that any reduced quota would not be implemented in time for 
NMFS to calculate the 2008 IFQ allocations. In that case, NMFS would 
have to issue allocation based on the higher quota currently in effect 
and then revoke some of that allocation later if the lower quota is 
implemented. This would be extremely disruptive to the industry and 
would likely result in overfishing, contrary to the rebuilding plan and 
a recent court order. To avoid this possible scenario, if Amendment 27/
14 is approved but any final rule has not been implemented in time for 
NMFS to calculate and issue 2008 IFQ allocations, NMFS would initially 
calculate the 2008 IFQ allocations based on the Council's proposed 
commercial quota of 2.55 million lb (1.16 million kg) and, if 
necessary, make adjustments to allocations consistent with the actual 
2008 quota when it is implemented.

Classification

    The Administrator, Southeast Region, NMFS, (RA), has determined 
that this temporary rule is necessary to reduce overfishing of red 
snapper in the Gulf of Mexico, until more permanent measures are 
implemented, and is consistent with the Magnuson-Stevens Act and other 
applicable laws. The Council has prepared Amendment 27/14 to address 
red snapper overfishing issues on a permanent basis.
    This temporary rule has been determined to be significant for 
purposes of Executive Order 12866.
    This interim rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and comment.
    An FEIS was prepared for the interim measures contained in the 
April 2, 2007 interim rule. Because the conditions that existed at the 
time the April 2, 2007, interim rule was implemented have not changed, 
the impacts of continuing the interim measures through this extension 
have already been considered. Copies of the FEIS are available from 
NMFS (see ADDRESSES).
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under U.S.C. 553 (b)(B) to waive prior notice and opportunity for 
public comment on this interim rule extension. This rule would continue 
interim measures implemented by the April 2, 2007 interim rule, for no 
more than an additional 186 days beyond the current expiration date of 
September 29, 2007. If the measures are not extended before the current 
rule lapses on that date, overfishing is certain to occur, contrary to 
the Magnuson-Stevens Act, the rebuilding plan for red snapper, and a 
recent court order. The conditions prompting the initial interim rule 
still remain, and NMFS is still considering more permanent measures 
recommended in Amendment 27/14. Opportunity for public comment was 
solicited on the interim proposed rule (71 FR 75220, December 14, 2006) 
and NMFS responded to those comments in the interim final rule (72 FR 
15617, April 2, 2007). Failure to extend these measures would result in 
additional overfishing of Gulf red snapper and would jeopardize the 
success of the proposed new stock rebuilding plan. The amendment 
providing an option for a special procedure for the initial calculation 
of Gulf of Mexico red snapper 2008 individual fishing quota allocations 
is also necessary to avoid overfishing and potential confusion and 
disruption among red snapper IFQ participants that would otherwise 
result from initial issuance of 2008 IFQ allocation based on a higher 
quota that may be reduced just prior to or during the beginning of the 
2008 fishing season. If this occurred NMFS would have to initially 
issue higher allocations and subsequently revoke them when the lower 
quota is implemented. This would confuse IFQ participants and disrupt 
transactions (transfers) of IFQ shares and allocation among 
participants and would likely result in overfishing. Therefore the AA 
finds that it would be impractical and contrary to the public interest 
to delay the implementation of these measures by providing additional 
opportunities for public comment.
    The AA also finds good cause under U.S.C. 553 (d)(3) to waive the 
delay of the effective date of this interim rule. A 30-day delayed 
effectiveness period of the extension of current measures would allow 
overfishing to continue on the red snapper stock and seriously increase 
the likelihood of frustrating the success of the new rebuilding plan 
prepared in compliance with a recent Court order. That order requires 
establishment of a new rebuilding plan, with a minimum probability of 
success of 50 percent, by December 12, 2007. Similarly, commercial red 
snapper fishermen need to know the amount of their minimum annual 
allocation well in advance to adequately plan their fishing business 
operations; avoid the loss of share and allocation trading 
opportunities; and avoid structuring future IFQ contracts based on a 
quota level that may not be available upon implementation of Amendment 
27/14. Therefore, a delay in the effective date of the 2008 IFQ 
allocation procedures would be seriously and unnecessarily disruptive 
to the affected fishers. Therefore, NMFS finds good cause to waive the 
30-day delay in effectiveness for both the extension of current 
measures and for the 2008 IFQ allocation procedures.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: September 18, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
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

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.16, paragraph (c)(9) is added to read as follows:


Sec.  622.16  Gulf red snapper individual fishing quota (IFQ) program.

* * * * *
    (c) * * *
    (9) Special procedure for initial calculation of 2008 IFQ 
allocations. The Gulf of Mexico Fishery Management Council has 
submitted an amendment to NMFS, that if approved, would reduce the 
commercial red snapper quota from

[[Page 54225]]

3.315 million lb (1.504 million kg) to 2.55 million lb (1.16 million 
kg) beginning January 1, 2008. NMFS must calculate and issue 2008 IFQ 
allocations prior to January 1, 2008. If the amendment is approved but 
the final rule has not been implemented in time for NMFS to calculate 
and issue 2008 IFQ allocations, NMFS would initially calculate the 2008 
IFQ allocations based on the Council's proposed commercial quota of 
2.55 million lb (1.16 million kg) and, if necessary, NMFS would make 
adjustments to allocations consistent with the actual 2008 quota when 
it is implemented.
[FR Doc. E7-18785 Filed 9-21-07; 8:45 am]
BILLING CODE 3510-22-S