Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational Accountability Measure and Closure for South Atlantic Snowy Grouper, 30779-30780 [2013-12321]

Download as PDF tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations identify and release incidentally captured animals, un-foul fishing gear, or prevent damage to property or risk to human safety; and (ii) A FAD may be removed from the water and if removed may be cleaned, provided that it is not returned to the water. (5) From a purse seine vessel or any associated skiffs, other watercraft or equipment, do any of the following, except in emergencies as needed to prevent human injury or the loss of human life, the loss of the purse seine vessel, skiffs, watercraft or aircraft, or environmental damage: (i) Submerge lights under water; (ii) Suspend or hang lights over the side of the purse seine vessel, skiff, watercraft or equipment, or; (iii) Direct or use lights in a manner other than as needed to illuminate the deck of the purse seine vessel or associated skiffs, watercraft or equipment, to comply with navigational requirements, and to ensure the health and safety of the crew. * * * * * (e) Observer coverage. (1) Until 24:00 UTC on December 31, 2014, a fishing vessel of the United States may not be used to fish with purse seine gear in the Convention Area without a WCPFC observer on board. This requirement does not apply to fishing trips that meet either of the following conditions: (i) The portion of the fishing trip within the Convention Area takes place entirely within areas under jurisdiction of a single nation other than the United States. (ii) No fishing takes place during the fishing trip in the Convention Area in the area between 20° N. latitude and 20° S. latitude. (2) Owners, operators, and crew of fishing vessels subject to paragraph (e)(1) of this section must accommodate WCPFC observers in accordance with the provisions of § 300.215(c). (3) Meeting either of the conditions in paragraphs (e)(1)(i) and (e)(1)(ii) of this section does not exempt a fishing vessel from having to carry and accommodate a WCPFC observer pursuant to § 300.215 or other applicable regulations. * * * * * [FR Doc. 2013–12198 Filed 5–22–13; 8:45 am] BILLING CODE 3510–22–P VerDate Mar<15>2010 15:47 May 22, 2013 Jkt 229001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 0907271173–0629–03] RIN 0648–XC672 Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational Accountability Measure and Closure for South Atlantic Snowy Grouper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS implements accountability measures (AMs) for the recreational sector of snowy grouper in the South Atlantic for the 2013 fishing year through this temporary rule. Average recreational landings from 2010–2012 exceeded the recreational annual catch limit (ACL) for snowy grouper. To account for this overage, this rule reduces the length of the 2013 recreational fishing season. Therefore, NMFS closes the recreational sector for snowy grouper on May 31, 2013. This closure is necessary to protect the snowy grouper resource. DATES: This rule is effective 12:01 a.m., local time, May 31, 2013, until 12:01 a.m., local time, January 1, 2014. FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727–824– 5305, email: Catherine.Hayslip@noaa.gov. The snapper-grouper fishery of the South Atlantic, which includes snowy grouper, is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic 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. The recreational ACL for snowy grouper is 523 fish. In accordance with regulations at 50 CFR 622.193(b)(2), if the recreational ACL is exceeded, the Assistant Administrator, NMFS (AA) will file a notification with the Office of the Federal Register to reduce the length of the following fishing season by the amount necessary to ensure landings do not exceed the recreational ACL in the following fishing year. Additionally, the SUPPLEMENTARY INFORMATION: PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 30779 most recent 3-year running average of recreational landings is compared to the recreational ACL. For the 2013 fishing year, the average of 2010–2012 recreational landings is compared to the recreational ACL. Average landings from 2010–2012 exceeded the 2012 ACL by 882 fish on average. Therefore, this temporary rule implements the postseason AM to reduce the fishing season for the recreational snowy grouper component of the snapper-grouper fishery in 2013. As a result, the recreational sector for snowy grouper will be closed effective 12:01 a.m., local time May 31, 2013. During the closure, the bag and possession limit for snowy grouper in or from the South Atlantic exclusive economic zone is zero. The recreational sector for snowy grouper will reopen on January 1, 2014, the beginning of the 2014 recreational fishing season. Classification The Regional Administrator, Southeast Region, NMFS, (RA) has determined this temporary rule is necessary for the conservation and management of the South Atlantic snowy grouper component of the South Atlantic snapper-grouper fishery and is consistent with the Magnuson-Stevens Act, the FMP, and other applicable laws. This action is taken under 50 CFR 622.193(b)(2) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule. Such procedures are unnecessary because the AMs established by Amendment 17B to the FMP (75 FR 82280, December 30, 2010) and located at 50 CFR 622.193(b)(2) have already been subject to notice and comment and authorize the AA to file a notification with the Office of the Federal Register to reduce the duration of the recreational fishing season the following fishing year if an ACL overage occurs. All that remains is to notify the public of the reduced recreational fishing season for snowy grouper for the 2013 fishing year. Additionally, there is a need to immediately notify the public of the reduced recreational fishing season for snowy grouper for the 2013 fishing year, to prevent snowy grouper recreational harvest from further exceeding the ACL, which will help protect the South Atlantic snowy E:\FR\FM\23MYR1.SGM 23MYR1 30780 Federal Register / Vol. 78, No. 100 / Thursday, May 23, 2013 / Rules and Regulations 50 CFR Part 660 complete the required fields, and enter or attach your comments. • Mail: William W. Stelle, Jr., Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA, 98115–6349. • Fax: 206–526–6736, Attn: Peggy Mundy. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. 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, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206–526–4323. SUPPLEMENTARY INFORMATION: [Docket No. 130108020–3409–01] Background RIN 0648–XC686 In the 2013 annual management measures for ocean salmon fisheries (78 FR 25865, May 3, 2013), NMFS announced the commercial and recreational fisheries in the area from the U.S./Canada Border to the U.S./ Mexico Border, beginning May 1, 2013, and 2014 salmon seasons opening earlier than May 1, 2014. NMFS is authorized to implement inseason management actions to modify fishing seasons and quotas as necessary to provide fishing opportunity while meeting management objectives for the affected species (50 CFR 660.409). Inseason actions in the salmon fishery may be taken directly by NMFS (50 CFR 660.409(a)—Fixed inseason management provisions) or upon consultation with the Pacific Fishery Management Council (Council) and the appropriate State Directors (50 CFR 660.409(b)—Flexible inseason management provisions). Automatic season closure, a fixed inseason management provision, is allowed when the Regional Administrator (RA) projects a quota to be reached on or by a certain date (50 CFR 660.409(a)(1)). Management of the salmon fisheries is generally divided into two geographic areas: north of Cape Falcon (U.S./ Canada Border to Cape Falcon, Oregon) and south of Cape Falcon (Cape Falcon, Oregon to the U.S./Mexico Border). The grouper resource. Also, providing prior notice and opportunity for public comment on this action would be contrary to the public interest because many of those affected by the length of the recreational fishing season, particularly charter vessel and headboat operations, book trips for clients in advance and, therefore need as much time as possible to adjust business plans to account for the reduced recreational fishing season. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: May 20, 2013. Emily H. Menashes, Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–12321 Filed 5–22–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Fisheries Off West Coast States; Modifications of the West Coast Commercial Salmon Fisheries; Inseason Action #3 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons and landing and possession limits; request for comments. tkelley on DSK3SPTVN1PROD with RULES AGENCY: SUMMARY: NOAA Fisheries announces one inseason action in the ocean salmon fisheries. This inseason action modified the commercial fisheries in the area from Oregon/California Border to Humboldt South Jetty (California Klamath Management Zone). DATES: This inseason action is effective May 10, 2013 and remains in effect until June 1, 2013. Comments will be accepted through June 7, 2013. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2012–0248, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20120248, click the ‘‘Comment Now!’’ icon, VerDate Mar<15>2010 15:47 May 22, 2013 Jkt 229001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 inseason action in this document applies south of Cape Falcon. Inseason Action Inseason Action #3 Representatives of the California Department of Fish and Wildlife (CDFW) contacted the RA on May 8, 2013, requesting an inseason consultation to discuss managing the quota in the commercial salmon fishery in the area from Oregon/California Border to Humboldt South Jetty, known as the California Klamath Management Zone (CA–KMZ). The quota for this fishery in the month of May was 3,000 Chinook salmon. The RA scheduled the consultation for May 10, 2013 and notified the Council. On May 9, CDFW provided updated information on catchto-date and effort in the fishery. Based on the updated information, the RA projected that the quota for the May fishery was likely to be reached on Friday, May 10; therefore, the RA took inseason action on May 9 to implement automatic closure of this fishery on Friday, May 10, 2013. Inseason action #3 closed the commercial salmon fisheries in the CA– KMZ effective 12 p.m. (noon), Friday, May 10, 2013, due to projected attainment of quota. This action was taken to avoid exceeding the quota for the fishery, while providing sufficient time for NMFS and CDFW to notify the public of the closure. On May 9, 2013, CDFW recommended this action and the RA concurred. This inseason action remains in effect until June 1, 2013. This inseason action is authorized by 50 CFR 660.409(a)(1). All other restrictions and regulations remain in effect as announced for the 2013 Ocean Salmon Fisheries and 2014 fisheries opening prior to May 1, 2014 (78 FR 25865, May 3, 2013). The RA determined that the best available information indicated that catch and effort projections supported the above inseason action recommended by the State of California. The state manages the fisheries in state waters adjacent to the areas of the U.S. exclusive economic zone in accordance with these Federal actions. As provided by the inseason notice procedures of 50 CFR 660.411, actual notice of the described regulatory action was given, prior to the date the action was effective, by telephone hotline number 206–526–6667 and 800–662–9825, and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16 VHF–FM and 2182 kHz. E:\FR\FM\23MYR1.SGM 23MYR1

Agencies

[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Rules and Regulations]
[Pages 30779-30780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XC672


Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational 
Accountability Measure and Closure for South Atlantic Snowy Grouper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for the 
recreational sector of snowy grouper in the South Atlantic for the 2013 
fishing year through this temporary rule. Average recreational landings 
from 2010-2012 exceeded the recreational annual catch limit (ACL) for 
snowy grouper. To account for this overage, this rule reduces the 
length of the 2013 recreational fishing season. Therefore, NMFS closes 
the recreational sector for snowy grouper on May 31, 2013. This closure 
is necessary to protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, May 31, 2013, 
until 12:01 a.m., local time, January 1, 2014.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: Catherine.Hayslip@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes snowy grouper, is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic 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.
    The recreational ACL for snowy grouper is 523 fish. In accordance 
with regulations at 50 CFR 622.193(b)(2), if the recreational ACL is 
exceeded, the Assistant Administrator, NMFS (AA) will file a 
notification with the Office of the Federal Register to reduce the 
length of the following fishing season by the amount necessary to 
ensure landings do not exceed the recreational ACL in the following 
fishing year. Additionally, the most recent 3-year running average of 
recreational landings is compared to the recreational ACL. For the 2013 
fishing year, the average of 2010-2012 recreational landings is 
compared to the recreational ACL. Average landings from 2010-2012 
exceeded the 2012 ACL by 882 fish on average. Therefore, this temporary 
rule implements the post-season AM to reduce the fishing season for the 
recreational snowy grouper component of the snapper-grouper fishery in 
2013. As a result, the recreational sector for snowy grouper will be 
closed effective 12:01 a.m., local time May 31, 2013.
    During the closure, the bag and possession limit for snowy grouper 
in or from the South Atlantic exclusive economic zone is zero. The 
recreational sector for snowy grouper will reopen on January 1, 2014, 
the beginning of the 2014 recreational fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, (RA) has 
determined this temporary rule is necessary for the conservation and 
management of the South Atlantic snowy grouper component of the South 
Atlantic snapper-grouper fishery and is consistent with the Magnuson-
Stevens Act, the FMP, and other applicable laws.
    This action is taken under 50 CFR 622.193(b)(2) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule. Such procedures are unnecessary because the AMs 
established by Amendment 17B to the FMP (75 FR 82280, December 30, 
2010) and located at 50 CFR 622.193(b)(2) have already been subject to 
notice and comment and authorize the AA to file a notification with the 
Office of the Federal Register to reduce the duration of the 
recreational fishing season the following fishing year if an ACL 
overage occurs. All that remains is to notify the public of the reduced 
recreational fishing season for snowy grouper for the 2013 fishing 
year. Additionally, there is a need to immediately notify the public of 
the reduced recreational fishing season for snowy grouper for the 2013 
fishing year, to prevent snowy grouper recreational harvest from 
further exceeding the ACL, which will help protect the South Atlantic 
snowy

[[Page 30780]]

grouper resource. Also, providing prior notice and opportunity for 
public comment on this action would be contrary to the public interest 
because many of those affected by the length of the recreational 
fishing season, particularly charter vessel and headboat operations, 
book trips for clients in advance and, therefore need as much time as 
possible to adjust business plans to account for the reduced 
recreational fishing season.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: May 20, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2013-12321 Filed 5-22-13; 8:45 am]
BILLING CODE 3510-22-P
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