Reef Fish Fishery of the Gulf of Mexico; 2013 Recreational Accountability Measure and Closure for Gray Triggerfish in the Gulf of Mexico, 61827-61828 [2013-24361]
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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
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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
61828
Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations
This action is taken under 50 CFR
622.41(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.
This action responds to the best
scientific information available.
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
because such procedures are
unnecessary. The AMs state that NMFS
will file a notification with the Office of
the Federal Register to close the
recreational sector for Gulf gray
triggerfish for the remainder of the
fishing year if recreational landings
reach or are projected to reach the
recreational ACT specified in 50 CFR
622.41(b)(2)(iii). All that remains is to
notify the public of the reduced
recreational fishing season for gray
triggerfish for the remainder of the
fishing year.
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 the gray triggerfish
resource. Any delay in the closure of the
recreational sector could result in the
recreational ACL for gray triggerfish
being exceeded, which, in turn, would
trigger an additional AM for gray
triggerfish. The AM states that if
recreational landings exceed the ACL,
and gray triggerfish is overfished, NMFS
will file a notification with the Office of
the Federal Register, at or near the
beginning of the following fishing year,
to reduce the ACL and the ACT for that
following fishing year by the amount of
the ACL overage in the prior fishing
year. Reducing the ACL and ACT the
following fishing season could be
disruptive to business plans and would
provide less flexibility to fishermen for
when they could harvest the ACL.
For the aforementioned reasons, the
Assistant Administrator, NMFS, also
finds good cause to waive the 30-day
delay in the effectiveness of this action
under 5 U.S.C. 553(d)(3).
pmangrum on DSK3VPTVN1PROD with RULES
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. 2013–24361 Filed 10–3–13; 8:45 am]
BILLING CODE 3510–22–P
VerDate Mar<15>2010
14:29 Oct 03, 2013
Jkt 232001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130408348–3835–02]
RIN 0648–BD17
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Framework Adjustment 2 and
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing
Framework Adjustment 2 to the Atlantic
Herring Fishery Management Plan
(Framework 2) and the 2013–2015
fishery specifications for the Atlantic
herring fishery (2013–2015
specifications). Framework 2 allows the
New England Fishery Management
Council (Council) to split annual catch
limits seasonally for the four Atlantic
herring management areas, and the
carryover of unharvested catch, up to 10
percent for each area’s annual catch
limit. The specifications set catch
specifications for the herring fishery for
the 2013–2015 fishing years and
establish seasonal splits for management
areas 1A and 1B as recommended to
NMFS by the Council.
DATES: Effective September 30, 2014.
ADDRESSES: Copies of supporting
documents used by the Council,
including the Environmental
Assessment (EA) and Regulatory Impact
Review (RIR)/Initial Regulatory
Flexibility Analysis (IRFA), are
available from: Thomas A. Nies,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950,
telephone (978) 465–0492. The EA/RIR/
IRFA is also accessible via the Internet
at https://www.nero.nmfs.gov.
FOR FURTHER INFORMATION CONTACT:
Carrie Nordeen, Fishery Policy Analyst,
(978) 281–9272, fax (978) 281–9135.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
NMFS published a proposed rule for
Framework 2 and the 2013–2015
specifications (Framework 2/2013–2015
Specifications) on August 2, 2013 (78
FR 46897). The comment period on the
proposed rule ended on September 3,
2013. NMFS received five comments,
which are summarized in the
PO 00000
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‘‘Comments and Responses’’ section of
this final rule.
Regulations implementing the
Atlantic Herring Fishery Management
Plan (FMP) for herring appear at 50 CFR
part 648, subpart K. The regulations at
§ 648.200 require the Council to
recommend herring specifications for
NMFS’s review and proposal in the
Federal Register, including the
overfishing limit (OFL), acceptable
biological catch (ABC), annual catch
limit (ACL), optimum yield (OY),
domestic annual harvest (DAH),
domestic annual processing (DAP), U.S.
at-sea processing (USAP), border
transfer (BT), the sub-ACL for each
management area, including seasonal
periods as allowed by § 648.201(d) and
modifications to sub-ACLs as allowed
by § 648.201(f), and the amount to be set
aside for the research set aside (RSA) (3
percent of the sub-ACL from any
management area) for up to 3 years.
The 2013–2015 herring specifications
are based on the provisions currently in
the FMP, and provide the necessary
elements to comply with the ACL and
accountability measure (AM)
requirements of the Magnuson-Stevens
Fishery Conservation and Management
Act (MSA). This action also includes
measures in Framework 2 to the FMP.
Framework 2 Measures
The regulations implementing
Framework 2 allow seasonal splits of
sub-ACLs for all herring management
areas through the specifications process.
The FMP already authorizes seasonal
splits of the Area 1A sub-ACL. The subACL splitting under Framework 2
allows seasonal control of fishing effort
and harvest in management areas by
specifying the percent of the sub-ACL
available for harvest. The fishing year
(FY) 2013–2015 specifications include
the following seasonal splits:
Area 1A: 100 percent of the sub-ACL
available for harvest during JuneDecember (none of the sub-ACL is
available for harvest during January
through May); and Area 1B: 100 percent
of the sub-ACL available for harvest
during May-December (none of the subACL is available for harvest during
January through April).
Framework 2 also allows the
carryover of unharvested catch, up to 10
percent of each sub-ACL, provided the
stock-wide catch did not exceed the
stock-wide ACL. This measure allows a
sub-ACL increase for a management
area, but it does not allow a
corresponding increase to the stockwide ACL. Overall harvest would
therefore remain constrained by the
stock-wide ACL. Consequently, the fleet
would be required to forego harvest in
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 78, Number 193 (Friday, October 4, 2013)]
[Rules and Regulations]
[Pages 61827-61828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24361]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[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
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: 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.
DATES: 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
in-season 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.
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 Magnuson-Stevens Act
and other applicable laws.
[[Page 61828]]
This action is taken under 50 CFR 622.41(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.
This action responds to the best scientific information available.
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 because such procedures are unnecessary. The AMs
state that NMFS will file a notification with the Office of the Federal
Register to close the recreational sector for Gulf gray triggerfish for
the remainder of the fishing year if recreational landings reach or are
projected to reach the recreational ACT specified in 50 CFR
622.41(b)(2)(iii). All that remains is to notify the public of the
reduced recreational fishing season for gray triggerfish for the
remainder of the fishing year.
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 the gray triggerfish resource. Any
delay in the closure of the recreational sector could result in the
recreational ACL for gray triggerfish being exceeded, which, in turn,
would trigger an additional AM for gray triggerfish. The AM states that
if recreational landings exceed the ACL, and gray triggerfish is
overfished, NMFS will file a notification with the Office of the
Federal Register, at or near the beginning of the following fishing
year, to reduce the ACL and the ACT for that following fishing year by
the amount of the ACL overage in the prior fishing year. Reducing the
ACL and ACT the following fishing season could be disruptive to
business plans and would provide less flexibility to fishermen for when
they could harvest the ACL.
For the aforementioned reasons, the Assistant Administrator, NMFS,
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. 2013-24361 Filed 10-3-13; 8:45 am]
BILLING CODE 3510-22-P
