Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Closure of the 2013 South Atlantic Commercial Sector for Red Snapper, 61826-61827 [2013-24360]

Download as PDF 61826 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations impact 29.7% (290 vessels) of the total gillnet fleet. Revenues for the affected vessels were also estimated to be reduced by 2–28% ($2,600–$26,400) and 1–25% ($1,500–$15,300) for small (<40ft) and large (>40ft) vessels, respectively. By removing the regulations implementing these consequence closure areas from the Plan, this action would prevent this loss of revenue from occurring. As a result, an initial regulatory flexibility analysis is not required and has not been prepared. This final rule waives the typical 30day delayed effectiveness period and is effective immediately. The 30-day delay period of 5 U.S.C. 553(d) may be waived for good cause. The contents of this action serve to remove existing commercial fishing restrictions and to prevent negative economic impacts from otherwise occurring as the Coastal Gulf of Maine closure Area would have been effective beginning October 1, 2013. Delaying the effectiveness of this rule is contrary to the public interest, because any delay will prevent additional fishery activities, thereby reducing revenues, and provide no meaningful benefit to the harbor porpoise. Accordingly the 30-day delay in effectiveness is both unnecessary and contrary to the public interest, and this rule will become effective immediately. PART 229—AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE MAMMAL PROTECTION ACT OF 1972 1. The authority citation for 50 CFR part 229 continues to read as follows: ■ Authority: 16 U.S.C. 1361 et seq. 2. In § 229.33, paragraphs (a)(2)(iii), (a)(3)(iii), (a)(4)(iii), (a)(5)(iii), (a)(6)(iii), and (d) are removed and paragraph (f) is revised to read as follows: ■ § 229.33 Harbor Porpoise Take Reduction Plan Implementing Regulations—Gulf of Maine. * * * * * (f) Other special measures. The Assistant Administrator may, after consultation with the Take Reduction Team, revise the requirements of this section through notification published in the Federal Register if: (1) NMFS determines that pinger operating effectiveness in the commercial fishery is inadequate to reduce bycatch below the stock’s PBR level. (2) NMFS determines that the boundary or timing of a closed area is inappropriate, or that gear modifications (including pingers) are not reducing bycatch to below the PBR level. * * * * * [FR Doc. 2013–24278 Filed 9–30–13; 4:15 pm] BILLING CODE 3510–22–P References Waring GT, Josephson E, Maze-Foley K, Rosel, PE, editors. 2012. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments—2011. NOAA Tech Memo NMFS NE 221; 319 p. Waring GT, Josephson E, Maze-Foley K, Rosel, PE, editors. 2013. U.S. Atlantic and Gulf of Mexico Marine Mammal Stock Assessments—2012. NOAA Tech Memo NMFS NE 223; 419 p. List of Subjects in 50 CFR Part 229 pmangrum on DSK3VPTVN1PROD with RULES Administrative practice and procedure, Confidential business information, Fisheries, Marine mammals, Reporting and recordkeeping requirements. Dated: September 30, 2013. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. 14:29 Oct 03, 2013 Jkt 232001 National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 121004515–3608–02] RIN 0648–XC899 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Closure of the 2013 South Atlantic Commercial Sector for Red Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces the closure of the 2013 commercial fishing season for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. Commercial landings for red snapper, as estimated by the Science and Research Director (SRD), are projected to reach the commercial annual catch limit (ACL) for red snapper on October 8, SUMMARY: For the reasons stated in the preamble, 50 CFR part 229 is amended as follows: VerDate Mar<15>2010 DEPARTMENT OF COMMERCE PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 2013. Therefore, NMFS closes the commercial sector for red snapper in the South Atlantic EEZ on October 8, 2013. This closure is necessary to protect the South Atlantic red snapper resource. DATES: This closure is effective 12:01 a.m., local time, October 8, 2013, through December 31, 2013, the end of the fishing year. 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 red snapper, is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The 2013 commercial ACL for red snapper in the South Atlantic is 21,447 lb (9,728 kg), gutted weight. This ACL was determined using formulas contained in the final rule to implement Amendment 28 to the FMP (78 FR 44461, July 24, 2013). Under 50 CFR 622.193(y)(1), NMFS is required to close the commercial sector for red snapper when the commercial ACL is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS opened the 2013 commercial sector at 12:01 a.m., local time, August 26, 2013 and monitored commercial harvest in-season. NMFS has determined that the commercial ACL for South Atlantic red snapper will have been reached by October 8, 2013. Accordingly, the commercial sector for South Atlantic red snapper is closed effective 12:01 a.m., local time, October 8, 2013, and remains closed until NMFS determines when a commercial season for red snapper may occur. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having red snapper onboard must have landed and bartered, traded, or sold such red snapper prior to 12:01 a.m., local time, October 8, 2013. During the closure, the harvest and possession and sale and purchase of red snapper in or from the South Atlantic EEZ are prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of red snapper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, October 8, 2013, and were SUPPLEMENTARY INFORMATION: E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the sale and purchase provisions for commercial red snapper would apply regardless of whether the fish were harvested in state or Federal waters, as specified in 50 CFR 622.190(y)(1). Additionally, the recreational fishing season for red snapper is closed. In 2014, the total removals (landings and dead discards) for 2013 will be compared to the 2013 ABC to determine if the 2013 ABC was exceeded and thus whether limited commercial and recreational fishing seasons for red snapper can occur in 2014. If NMFS determines that limited commercial and recreational red snapper seasons can occur in 2014, NMFS will file a notification with the Office of the Federal Register to announce the opening dates of any commercial and recreational fishing seasons in 2014. A commercial fishing season would begin on the second Monday in July, and a recreational fishing season, consisting of weekends only (Fridays, Saturdays, and Sundays) would begin on the second Friday in July. pmangrum on DSK3VPTVN1PROD with RULES Classification 14:29 Oct 03, 2013 Authority: 16 U.S.C. 1801 et seq. Dated: October 1, 2013. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, performing the functions and duties of the Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2013–24360 Filed 10–3–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 The Regional Administrator, Southeast Region, NMFS has determined this temporary rule is necessary for the conservation and management of South Atlantic red snapper and is consistent with the FMP, the Magnuson-Stevens Act, and other applicable laws. This action is taken under 50 CFR 622.193(y)(1) 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 public comment. This action responds to the best available scientific information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds that the need to immediately implement this action to close the commercial sector for red snapper 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)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has been subject to notice and VerDate Mar<15>2010 comment, and all that remains is to notify the public of the closure. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect red snapper since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial ACL. 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). Jkt 232001 [Docket No. 121004518–3398–01] RIN 0648–XC669 Reef Fish Fishery of the Gulf of Mexico; 2013 Recreational Accountability Measure and Closure for Gray Triggerfish in the Gulf of Mexico National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for recreational gray triggerfish in the Gulf of Mexico (Gulf) reef fish fishery for the 2013 fishing year through this temporary final rule. Based on the projected recreational landings, NMFS determined that the recreational annual catch target (ACT) for Gulf gray triggerfish was reached in August 2013. Therefore, NMFS closes the recreational sector for gray triggerfish in the Gulf EEZ at 12:01 a.m., local time, October 15, 2013, until January 1, 2014. This closure is necessary to reduce overfishing of the Gulf gray triggerfish resource. SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 61827 This rule is effective 12:01 a.m., local time on October 15, 2013, until 12:01 a.m., local time on January 1, 2014, unless changed by subsequent notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional Office, telephone 727–824–5305, email rich.malinowski@noaa.gov. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which includes gray triggerfish, is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Council and is implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On May 9, 2013, the final rule for Amendment 37 to the FMP implemented the Gulf gray triggerfish recreational annual catch limit (ACL) of 241,200 lb (109,406 kg), round weight, and the recreational ACT of 217,100 lb (98,475 kg), round weight (78 FR 27084, May 9, 2013), as specified in 50 CFR 622.41(b)(2)(iii). The final rule for Amendment 37 to the FMP implemented an in-season AM to close the recreational sector when its ACT is reached or projected to be reached, as specified in 50 CFR 622.41(b)(2)(i). Based on the 2013 projected recreational landings estimates, the recreational ACT of 217,100 lb (98,475 kg), round weight, for Gulf gray triggerfish was reached in August 2013. Therefore, NMFS implements the inseason AM and the recreational harvest of Gulf gray triggerfish will close at 12:01 a.m., local time on October 15, 2013, until 12:01 a.m., local time on January 1, 2014. During the closure, the bag and possession limit of gray triggerfish in or from the Gulf EEZ is zero. This bag and possession limit applies in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued, without regard to where such species were harvested, i.e. in state or Federal waters. The recreational sector for gray triggerfish will reopen on January 1, 2014, the beginning of the 2014 recreational fishing season. DATES: Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Gulf gray triggerfish and is consistent with the MagnusonStevens Act and other applicable laws. E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 78, Number 193 (Friday, October 4, 2013)]
[Rules and Regulations]
[Pages 61826-61827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24360]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004515-3608-02]
RIN 0648-XC899


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Closure of the 2013 South Atlantic Commercial Sector 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 announces the closure of the 2013 commercial fishing 
season for red snapper in the exclusive economic zone (EEZ) of the 
South Atlantic through this temporary rule. Commercial landings for red 
snapper, as estimated by the Science and Research Director (SRD), are 
projected to reach the commercial annual catch limit (ACL) for red 
snapper on October 8, 2013. Therefore, NMFS closes the commercial 
sector for red snapper in the South Atlantic EEZ on October 8, 2013. 
This closure is necessary to protect the South Atlantic red snapper 
resource.

DATES: This closure is effective 12:01 a.m., local time, October 8, 
2013, through December 31, 2013, the end of the fishing year.

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 red snapper, is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the Council and is implemented 
through regulations at 50 CFR part 622 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    The 2013 commercial ACL for red snapper in the South Atlantic is 
21,447 lb (9,728 kg), gutted weight. This ACL was determined using 
formulas contained in the final rule to implement Amendment 28 to the 
FMP (78 FR 44461, July 24, 2013).
    Under 50 CFR 622.193(y)(1), NMFS is required to close the 
commercial sector for red snapper when the commercial ACL is reached, 
or is projected to be reached, by filing a notification to that effect 
with the Office of the Federal Register. NMFS opened the 2013 
commercial sector at 12:01 a.m., local time, August 26, 2013 and 
monitored commercial harvest in-season. NMFS has determined that the 
commercial ACL for South Atlantic red snapper will have been reached by 
October 8, 2013. Accordingly, the commercial sector for South Atlantic 
red snapper is closed effective 12:01 a.m., local time, October 8, 
2013, and remains closed until NMFS determines when a commercial season 
for red snapper may occur.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having red snapper onboard must have 
landed and bartered, traded, or sold such red snapper prior to 12:01 
a.m., local time, October 8, 2013. During the closure, the harvest and 
possession and sale and purchase of red snapper in or from the South 
Atlantic EEZ are prohibited. The prohibition on sale or purchase does 
not apply to the sale or purchase of red snapper that were harvested, 
landed ashore, and sold prior to 12:01 a.m., local time, October 8, 
2013, and were

[[Page 61827]]

held in cold storage by a dealer or processor.
    For a person on board a vessel for which a Federal commercial or 
charter vessel/headboat permit for the South Atlantic snapper-grouper 
fishery has been issued, the sale and purchase provisions for 
commercial red snapper would apply regardless of whether the fish were 
harvested in state or Federal waters, as specified in 50 CFR 
622.190(y)(1). Additionally, the recreational fishing season for red 
snapper is closed.
    In 2014, the total removals (landings and dead discards) for 2013 
will be compared to the 2013 ABC to determine if the 2013 ABC was 
exceeded and thus whether limited commercial and recreational fishing 
seasons for red snapper can occur in 2014. If NMFS determines that 
limited commercial and recreational red snapper seasons can occur in 
2014, NMFS will file a notification with the Office of the Federal 
Register to announce the opening dates of any commercial and 
recreational fishing seasons in 2014. A commercial fishing season would 
begin on the second Monday in July, and a recreational fishing season, 
consisting of weekends only (Fridays, Saturdays, and Sundays) would 
begin on the second Friday in July.

Classification

    The Regional Administrator, Southeast Region, NMFS has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic red snapper and is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    This action is taken under 50 CFR 622.193(y)(1) 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 public comment.
    This action responds to the best available scientific information 
recently obtained from the fishery. The Assistant Administrator for 
Fisheries, NOAA, (AA), finds that the need to immediately implement 
this action to close the commercial sector for red snapper 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)(B), as such procedures would be unnecessary and contrary 
to the public interest. Such procedures would be 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 for public comment is 
contrary to the public interest because of the need to immediately 
implement this action to protect red snapper since the capacity of the 
fishing fleet allows for rapid harvest of the commercial ACL. Prior 
notice and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
commercial ACL.
    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: October 1, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the 
functions and duties of the Assistant Administrator for Fisheries, 
National Marine Fisheries Service.
[FR Doc. 2013-24360 Filed 10-3-13; 8:45 am]
BILLING CODE 3510-22-P