[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Rules and Regulations]
[Pages 76890-76892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30682]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101124587-0586-01]
RIN 0648-BA47


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery Off the South Atlantic States; Emergency Rule 
To Delay Effectiveness of the Snapper-Grouper Area Closure

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

ACTION: Temporary rule; emergency action.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this temporary rule to delay the effective date of 
the area closure for snapper-grouper specified in Amendment 17A to the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). The area closure will become effective on 
January 3, 2011, through the final rule that implements Amendment 17A. 
A Southeast Data Assessment and Review (SEDAR) benchmark stock 
assessment for red snapper (SEDAR 24) was just completed on October 25, 
2010, and was reviewed by the South Atlantic Fishery Management 
Council's (Council's) Scientific and Statistical Committee (SSC) during 
its meeting from November 9-11, 2010. The new stock assessment still 
shows red snapper to be overfished and undergoing overfishing, however, 
the rate of overfishing found in SEDAR 24 is less than the rate of 
overfishing found in the previous stock assessment (SEDAR 15). The SSC 
concluded that, based on SEDAR 24, the snapper-grouper area closure 
approved in Amendment 17A is more conservative that what is needed to 
end overfishing of red snapper. Temporarily delaying the effective date 
of the snapper-grouper area closure specified in Amendment 17A will 
allow the Council time to respond to the new stock assessment 
information through a regulatory amendment, which will be discussed at 
the Council's December meeting. This emergency action is necessary to 
mitigate negative socioeconomic impacts associated with the snapper-
grouper area closure on South Atlantic snapper-grouper fishermen and to 
ensure the area closure is based upon the best scientific information 
available.

DATES: This rule is effective January 3, 2010 through June 1, 2011, 
unless NMFS publishes a superseding document in the Federal Register.

ADDRESSES: You may submit comments, identified by ``0648-BA47'', by any 
one of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal http://www.regulations.gov.
     Fax: 727-824-5308. Attn: Kate Michie.
     Mail: Kate Michie, Southeast Regional Office, NMFS, 263 
13th Avenue S., St. Petersburg, FL 33701.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. All comments received are a part 
of the public record and will generally be posted to http://www.regulation.gov without change. All Personal Identifying Information 
(for example, name, address, etc.) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit Confidential 
Business Information or otherwise sensitive or protected information.
    To submit comments through the Federal e-Rulemaking Portal: http://www.regulations.gov, enter ANOAA-NMFS-2010-0243'' in the keyword 
search, then check the box labeled ``Select to find documents accepting 
comments or submissions'', then select ``Send a Comment or 
Submission.'' NMFS will accept anonymous comments (enter N/A in the 
required fields, if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.
    Copies of the supporting documentation for this emergency rule, as 
well as Amendment 17A and its accompanying analyses, may be obtained 
from Kate Michie, Southeast Regional Office, NMFS, 263 13th Avenue S., 
St. Petersburg, FL 33701.

FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone 727-824-5305; 
e-mail [email protected].

SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery 
is managed under the FMP. The FMP was prepared by the Council and is 
implemented by NMFS under the

[[Page 76891]]

authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The 
Magnuson-Stevens Act provides the legal authority for the promulgation 
of emergency regulations under section 305(c).

Background

    A final rule to implement Amendment 17A to the FMP is published in 
the same issue of the Federal Register as this emergency rule. 
Amendment 17A contains measures to end the overfishing of red snapper 
and rebuild the stock. The management measures in the final rule 
include prohibiting the harvest and possession of red snapper in or 
from the South Atlantic exclusive economic zone (EEZ) (and in state or 
Federal waters for a vessel with a Federal commercial or charter 
vessel/headboat permit for South Atlantic snapper-grouper), requiring 
the use of non-stainless steel circle hooks when fishing for snapper-
grouper species with hook and line gear north of 28[deg] N. latitude in 
the South Atlantic EEZ, and implementing an area closure for South 
Atlantic snapper-grouper. The area closure includes 4,824 square miles 
(7,763 square km) off the coasts of southern Georgia and northeast 
Florida where the harvest and possession of snapper-grouper species 
would be prohibited, except when fishing with black sea bass pot gear 
or spearfishing gear for species other than red snapper. NMFS is 
delaying the effective date of this snapper-grouper area closure until 
June 1, 2011, with a possible 186-day extension, to provide the Council 
time to respond to new scientific information. Based upon the results 
of the SEDAR 24 benchmark stock assessment, this delay of the effective 
date of the snapper-grouper area closure will not impact the ending of 
overfishing of the red snapper stock.
    The SEDAR 24 benchmark stock assessment for red snapper was 
completed on October 25, 2010. The assessment incorporated the high 
landings from recent years, as well as new scientific information 
regarding the availability of older red snapper to fishing gear, post-
release mortality, and methodologies for estimating historic 
recreational landings. The new stock assessment was reviewed by the 
Council's SSC during its meeting from November 9-11, 2010. The SSC-
endorsed model runs from the new stock assessment indicate that the 
snapper-grouper area closure could be modified without compromising the 
red snapper conservation objective of ending overfishing, while better 
minimizing the negative socio-economic effects on fishing communities.
    Amendment 17A was approved by the Secretary of Commerce on October 
27, 2010. A final rule implementing Amendment 17A will become effective 
on January 3, 2011, except for the prohibition on the harvest and 
possession of red snapper, which will become effective on December 3, 
2010, and the circle hook requirement, which will become effective 
March 3, 2011. This emergency rule will delay the effective date of the 
snapper-grouper area closure until June 1, 2011, with a possible 186-
day extension, unless superseded by subsequent rulemaking.
    The delayed effective date of the snapper-grouper area closure will 
provide the Council time to respond to the new scientific information 
from the SEDAR 24 benchmark stock assessment through a regulatory 
amendment. The intended effect of this emergency action is to mitigate 
the negative socio-economic effects of the snapper-grouper area closure 
contained in Amendment 17A on snapper-grouper fishermen.
    This emergency rulemaking meets the criteria and justifications for 
invoking emergency rulemaking procedures under section 305(c) of the 
Magnuson-Stevens Act and the NMFS policy guidelines for use of 
emergency rules (62 FR 44421, August 21, 1997). Specifically, the 
results of the new benchmark stock assessment for red snapper (SEDAR 
24), which indicate the snapper-grouper area closure in Amendment 17A 
is more conservative than what is necessary to end overfishing of red 
snapper, are considered to be recent unforeseen and recently discovered 
circumstances. Because the snapper-grouper area closure is scheduled to 
take effect on January 3, 2011, the immediate benefits of mitigating 
the negative socio-economic impacts to snapper-grouper fishermen by 
delaying the effective date of the area closure through this emergency 
action justify waiving the requirement to provide advance notice and 
opportunity for public comment. This emergency action seeks to prevent 
significant direct economic loss to snapper-grouper fishermen, thus 
meeting the justification for emergency action.

Classification

    The Administrator, Southeast Region, NMFS, determined that this 
temporary rule is consistent with the national standards and other 
provisions of the Magnuson-Stevens Act and other applicable laws. The 
rule may be extended for a period of not more than 186 days as 
described under section 305(c)(3)(B) of the Magnuson-Stevens Act.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 533(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest.
    Unnecessary economic harm and negative social impacts will occur to 
fishery participants if this action to delay the implementation of the 
area closure is not enacted as quickly as possible. Notice and comment 
rulemaking would significantly reduce the effectiveness of this 
emergency action. The snapper-grouper area closure contained in the 
final rule for Amendment 17A will take effect January 3, 2011. 
Therefore, this emergency rule must be published and become effective 
on the same day as the snapper-grouper area closure in Amendment 17A. 
Otherwise the purpose of this emergency rule will be undermined. This 
emergency rule will delay the implementation of the area closure until 
June 1, 2011, with up to a 186-day extension, unless superseded by 
subsequent rulemaking. The Council is currently developing a regulatory 
amendment, which will be reviewed at its December 2010 meeting. New 
scientific information on red snapper became available in late October 
2010, and the SSC reviewed this information in November 2010. 
Therefore, NMFS is making use of this new information in the interim, 
through this emergency action, while the Council develops a regulatory 
amendment and additional rulemaking over the long-term, which will 
include the new scientific information from SEDAR 24 and will consider 
less restrictive management measures to end overfishing of red snapper 
and rebuild the stock. If the regulatory amendment and any resulting 
rulemaking is approved, the public will be provided the opportunity to 
comment during notice and comment rulemaking for the regulatory 
amendment.
    Pursuant to section 553(d)(1), the Assistant Administrator waives 
the 30-day delay in the effective date of this temporary rule, as 
required by 5 U.S.C. 553(d), because this rule relieves a restriction 
on snapper-grouper fishermen. This emergency action is being 
implemented to delay the effective date of the snapper-grouper area 
closure contained in Amendment 17A to the FMP. The snapper-grouper area 
closure would prohibit the harvest and possession of all snapper-
grouper species, except when fishing with black sea bass pot gear or 
spearfishing gear for species other than red snapper, in an

[[Page 76892]]

area that covers 4,824 square miles (7,763 square km) off the coasts of 
southern Georgia and northeast Florida. The result of this waiver will 
be to reduce the economic costs that the final rule for Amendment 17A 
would otherwise create. An additional 30-day delay would undermine that 
intent.
    This temporary rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is not subject to the requirement to 
provide prior notice and opportunity for public comment pursuant to 5 
U.S.C. 553 or any other law.

List of Subjects in 50 CFR Part 622

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

    Dated: November 30, 2010.
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.

Sec.  622.35  [Amended]

0
2. In Sec.  622.35, paragraph (l) is suspended.

[FR Doc. 2010-30682 Filed 12-3-10; 11:15 am]
BILLING CODE 3510-22-P