[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Pages 66080-66081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23049]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 061121304-7053-02; I.D. 112006B]
RIN 0648-AT87


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

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

ACTION: Temporary rule; republication of interim measures.

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SUMMARY: This temporary rule republishes interim measures to reduce 
overfishing of Gulf red snapper that were previously implemented via a 
temporary rule published by NMFS on April 2, 2007, and extended through 
March 28, 2008, by a temporary rule published by NMFS on September 24, 
2007. The interim measures reduce the commercial and recreational 
quotas for red snapper, reduce the commercial minimum size limit for 
red snapper, reduce the recreational bag limit for Gulf red snapper, 
prohibit the retention of red snapper under the bag limit for captain 
and crew of a vessel operating as a charter vessel or headboat, and 
establish a target level of reduction of shrimp trawl bycatch mortality 
of red snapper. The intended effect of this temporary rule is to 
reinstate the text of the interim measures in the Code of Federal 
Regulations that was inadvertently removed.

DATES: This rule is effective November 27, 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, temporary 
final rule (72 FR 15617) are available from Peter Hood, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

SUPPLEMENTARY INFORMATION: The red snapper fishery of the Gulf of 
Mexico is managed under the Fishery Management Plan (FMP) for the Reef 
Fish Fishery 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 a temporary rule (72 FR 15617, April 2, 2007) under 
section 305(c) of the Magnuson-Stevens Act, to implement interim 
measures to reduce fishing mortality on red snapper by reducing harvest 
and bycatch levels. Specifically, that rule: (1) reduced 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) reduced 
the commercial minimum size limit for red snapper from 15 inches (38 
cm) to 13 inches (33 cm) total length (TL); (3) reduced 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) 
established 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 interim measures for one additional period 
of not more than 186 days, provided the public has had an opportunity 
to comment on the interim measures and the Council is actively 
preparing proposed regulations to address the overfishing on a 
permanent basis. NMFS solicited public comments on the interim measures 
in a temporary proposed rule (71 FR 75220, December 14, 2006) and 
received numerous comments. These comments were summarized and NMFS's 
responses were provided in the temporary final rule (72 FR 15617, April 
2, 2007). The Council prepared joint Amendment 27/14 to the Reef Fish 
and Shrimp FMPs in the Gulf of Mexico (Amendment 27/14) to address 
overfishing of red snapper. NMFS partially approved Amendment 27/14 on 
October 19, 2007. The approved portions of the amendment include 
additional measures to end overfishing and to rebuild the red snapper 
stock.

[[Page 66081]]

    To continue to address overfishing of red snapper pending 
implementation of more permanent measures recommended by the Council in 
Amendment 27/14, NMFS published a temporary rule (72 FR 54223, 
September 24, 2007) to extend the effective date of the interim 
measures contained in the April 2, 2007, temporary final rule (72 FR 
15617). Although the extension of the interim measures was properly 
promulgated and those interim measures are still applicable, a 
technical error resulted in the extended interim measures not being 
incorporated into the Code of Federal Regulations as intended. To 
correct this inadvertent error, NMFS, via this temporary rule, is 
republishing the regulatory text of the interim measures contained in 
the April 2, 2007, temporary final rule (72 FR 15617), with an 
effective date from November 27, 2007 through March 28, 2008, which is 
consistent with the Magnuson-Stevens Act and with the intent of the 
September 24, 2007, temporary rule (72 FR 54223).
    Additional details concerning the basis for these interim 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 requirements of the Magnuson-Stevens Act are 
contained in the preamble of the December 14, 2006, temporary proposed 
rule (71 FR 75220) and are not repeated here. Public comment and NMFS' 
responses are contained in the preamble of the April 2, 2007, temporary 
final rule (72 FR 15617) and are not repeated here.

Classification

    The Administrator, Southeast Region, NMFS, (RA), has determined 
that this temporary rule is necessary to resolve an inadvertent error 
in the Code of Federal Regulations, and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This temporary rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This temporary 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, temporary rule. The conditions that existed at the time 
the April 2, 2007, temporary rule was implemented have not changed, and 
the republication of those same interim measures has no additional 
impact beyond those already considered in the FEIS. Copies of the FEIS 
are available from NMFS (see ADDRESSES).
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity 
for public comment on this temporary rule. This rule would republish 
the same interim measures for which opportunity for public comment was 
solicited in a proposed interim rule published on December 14, 2006 (71 
FR 75220). These same interim measures were implemented by the April 2, 
2007, interim final rule (72 FR 15617) and extended by the September 
24, 2007, interim rule (72 FR 54223). The conditions prompting the 
initial temporary rule still remain. Because the republishing of these 
interim measures is only necessary to resolve an inadvertent technical 
error that resulted in these extended interim measures not being 
incorporated into the Code of Federal Regulations as intended, there is 
no additional regulatory burden associated with this temporary rule. 
Therefore, the AA finds that it would be unnecessary to provide 
additional opportunity for public comment.
    The AA also finds good cause under 5 U.S.C. 553(d)(3) to waive the 
delay of the effective date of this temporary rule. This republication 
of interim measures does not impose any additional regulatory burden on 
the public; it resolves a technical error that resulted in the already 
effective interim measures not being incorporated into the Code of 
Federal Regulations as intended. Therefore, NMFS finds good cause to 
waive the 30-day delay in effectiveness for this temporary rule.

List of Subjects in 50 CFR Part 622

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

    Dated: November 20, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For RegulatoryPrograms, 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

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

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

0
2. In Sec.  622.37, paragraph (d)(1)(iv) is suspended and paragraph 
(d)(1)(vi) is added to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (d) * * *
    (1) * * *
    (vi) Red snapper--16 inches (40.6 cm), TL, for a fish taken by a 
person subject to the bag limit specified in Sec.  622.39(b)(1)(iii) 
and 13 inches (38.1 cm), TL, for a fish taken by a person not subject 
to the bag limit.
* * * * *

0
3. In Sec.  622.39, paragraphs (b)(1)(iii) and (b)(1)(v) are suspended 
and paragraphs (b)(1)(viii) and (b)(1)(ix) are added to read as 
follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (b) * * *
    (1) * * *
    (viii) Red snapper -2. However, no red snapper may be retained by 
the captain or crew of a vessel operating as a charter vessel or 
headboat. The bag limit for such captain and crew is zero.
    (ix) Gulf reef fish, combined, excluding those specified in 
paragraphs (b)(1)(i), (ii), (iv), (vi), (vii), and (viii) of this 
section and excluding dwarf sand perch and sand perch--20, but not to 
exceed 10 vermilion snapper.
* * * * *

0
4. In Sec.  622.42, paragraphs (a)(1)(i) and (a)(2) are suspended and 
paragraphs (a)(1)(v) and (a)(3) are added to read as follows:


Sec.  622.42  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (v) Red snapper -3.315 million lb (1.504 million kg), round weight.
* * * * *
    (3) Recreational quota for red snapper. The following quota applies 
to persons who harvest red snapper other than under commercial vessel 
permits for Gulf reef fish and the commercial quota specified in 
paragraph (a)(1)(v) of this section-- 3.185 million lb (1.445 million 
kg), round weight.
* * * * *
[FR Doc. E7-23049 Filed 11-26-07; 8:45 am]
BILLING CODE 3510-22-S