[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Rules and Regulations]
[Pages 21558-21559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10822]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 970730185-7206-02]
RIN 0648-XO98


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2009 Gulf of 
Mexico Recreational Fishery for Red Snapper

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 recreational fishery for red snapper in the 
exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf). In 
addition, a person aboard a vessel for which a Federal charter vessel/
headboat permit for Gulf reef fish has been issued, must also abide by 
these closure provisions in state waters if the Federal closure 
provisions are more restrictive than applicable state law. NMFS has 
determined this action is necessary to prevent the recreational fishery 
from exceeding its quota for the fishing year. This closure is 
necessary to prevent overfishing of Gulf red snapper.

DATES:  The closure is effective 12:01 a.m., local time, August 15, 
2009, through December 31, 2009. The recreational fishery will reopen 
on June 1, 2010, the beginning of the 2010 recreational fishing season.

FOR FURTHER INFORMATION CONTACT:  Dr. Steve Branstetter, telephone 727-
551-5796, 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 for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf 
of Mexico Fishery Management Council (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.

Background

    Constraining harvest to the quota is crucial to meeting the legal 
requirements to prevent and end overfishing and rebuild the red snapper 
resource of the Gulf of Mexico. On February 28, 2008, new fishing 
regulations were implemented by NMFS

[[Page 21559]]

to reduce the harvest and discard of red snapper in the Gulf commercial 
and recreational directed snapper fishery and shrimp fishery. 
Regulatory changes for the recreational fishery included reducing the 
recreational quota to 2.45 million lb (1.11 million kg), reducing the 
recreational bag limit from 4 to 2 fish per person, prohibiting for-
hire captain and crew from retaining bag limits of red snapper while 
under charter, and reducing the recreational season length from 194 
days (April 21-October 31) to 122 days (June 1-September 30).
    On March 25, 2008, NMFS announced the Gulf red snapper recreational 
fishery was being closed effective August 5, 2008, for the remainder of 
the 2008 fishing year (73 FR 15674). Projections at that time indicated 
the quota would be met or exceeded by that date due to incompatible 
regulations with some Gulf states. Despite the early closure and new 
regulatory measures, 2008 recreational red snapper landings were 3.65 
million lb (1.66 million kg)--exceeding the quota by 1.2 million lb 
(0.5 million kg). This overage was in part due to incompatible 
regulations with some Gulf states, as well as larger, heavier red 
snapper being landed in 2008.
    In 2009, red snapper state fishing season changes are proposed for 
the states of Alabama and Florida to further reduce recreational red 
snapper harvest. Both Florida and Alabama are proposing fishing seasons 
in state waters consistent with the Federal fishing season. No changes 
to fishing seasons are proposed for the remaining Gulf states. The 
fishing season in state waters off Mississippi will be the same as the 
Federal red snapper season, Louisiana's season currently extends from 
June 1 through September 30 but compatibility with the Federal fishing 
season is anticipated, and Texas will maintain a year-round fishing 
season in state waters.
    Using reported landings for 2008, and taking into account state 
regulatory changes in 2009, NMFS projects the 2009 recreational red 
snapper quota will be met on August 14, 2009. Therefore, in accordance 
with 50 CFR 622.43(a), NMFS is closing the recreational red snapper 
fishery in the Gulf EEZ effective 12:01 a.m. local time on August 15, 
2009; the recreational fishery will reopen on June 1, 2010, the 
beginning of the 2010 recreational fishing season. This quota closure 
also complies with section 407(d) of the Magnuson-Stevens Act, which 
requires that the retention of red snapper be prohibited for the 
remainder of the fishing year once the quota is met.
    In addition to the Gulf EEZ closure, as specified in 50 CFR 
622.4(a)(1)(iv), a person aboard a vessel for which a Federal charter 
vessel/headboat permit for Gulf reef fish has been issued must also 
abide by these closure provisions in state waters if Federal 
regulations regarding this closure are more restrictive than applicable 
state law. The closure is intended to prevent overfishing and increase 
the likelihood that the 2009 quota will not be exceeded. A detailed 
summary of the quota closure analysis can be found at http://sero.nmfs.noaa.gov/.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds 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). Such procedures would be unnecessary 
because the rule implementing the quota and the associated requirement 
for closure of the fishery when the quota is reached or projected to be 
reached already has been subject to notice and comment, and all that 
remains is to notify the public of the closure. NMFS is mandated by 
section 407(d) of the Magnuson-Stevens Act, to establish this quota; 
keep harvest within the quota; and close the fishery when the quota is 
reached. NMFS also has a legal obligation to keep harvest within the 
quota limits established by the stock rebuilding plan in the FMP.
    Providing prior notice and opportunity for public comment on this 
action would be contrary to the public interest. Many of those affected 
by this closure, particularly charter vessel and headboat operations, 
book trips for clients months in advance and, therefore, need as much 
time as possible to adjust business plans to account for the closure. 
Delaying announcement of the closure rule to accommodate prior public 
notice and comment would result in significantly less advance notice of 
the definitive closure date; decrease the time available for affected 
participants to adjust business plans; and be very disruptive. Given 
the legal obligation to implement this closure in a timely manner, NMFS 
believes it is important to establish the closure date as soon as 
possible to allow affected participants the maximum amount of time to 
adjust their fishing activities consistent with the closure.
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

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

    Dated: May 5, 2009.
Kristen C. Koch,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-10822 Filed 5-7-09; 8:45 am]
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