[Federal Register: October 28, 2004 (Volume 69, Number 208)]
[Rules and Regulations]
[Page 62818]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc04-12]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[I.D. 101904A]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Closure of the Recreational
Red Snapper Component
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Closure of recreational fishery for red snapper.
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SUMMARY: NMFS closes the recreational fishery for red snapper in the
exclusive economic zone (EEZ) of the Gulf of Mexico. NMFS has
determined that the annual recreational quota of 4.47 million lb (2.03
million kg) will be reached on October 31, 2004. This closure is
necessary to protect the red snapper resource.
DATES: Closure is effective 12:01 a.m., local time, November 1, 2004,
until 12:01 a.m., local time, on April 21, 2005.
FOR FURTHER INFORMATION CONTACT: Phil Steele, telephone 727-570-5784,
fax 727-570-5583, e-mail Phil.Steele@noaa.gov.
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 recreational quota for red snapper in the Gulf of
Mexico at 4.47 million lb (2.03 million kg) for the current fishing
year, January 1 through December 31, 2004.
Under 50 CFR 622.43(a), NMFS is required to close the recreational
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 in the Federal Register. Based on current
statistics, NMFS has determined that the recreational quota of 4.47
million lb (2.03 million kg) for red snapper will be reached by October
31, 2004. Accordingly, the recreational fishery in the EEZ in the Gulf
of Mexico for red snapper will remain closed until 12:01 a.m., local
time, on April 21, 2005.
During the closure, the bag and possession limits specified in 50
CFR 622.39(b)(1)(iii) and (b)(2) respectively, are zero. Also, in the
Gulf of Mexico, on board a vessel for which a commercial permit for
Gulf reef fish has been issued, the bag and possession limits for red
snapper are zero, without regard to where such red snapper were
harvested.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA, finds that 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. Such procedures are
unnecessary because the rule itself has been subject to notice and
comment, and all that remains is to notify the public of the closure.
Allowing prior notice and opportunity to comment is contrary to the
public interest because it requires time, thus delaying closure of the
fishery and increasing the chance of exceeding the quota. Similarly,
there is a need to implement these measures in a timely fashion to
prevent an overrun of the recreational quota of Gulf 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-Steven Act, the FMP, and the public interest. Therefore,
NMFS finds for 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 authorized by 50 CFR 622.43(a) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C 1801 et seq.
Dated: October 21, 2004.
Dean Swanson,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 04-24105 Filed 10-25-04; 4:26 pm]
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