Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2014 Gulf of Mexico Recreational Season for Red Snapper, 76758-76759 [2013-30194]

Download as PDF 76758 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations berth, for at least 30 minutes. To address this issue, FMCSA advises that in such situations, the driver should not be considered to be in violation of the break rule. The driver should annotate the RODS to indicate why the required rest break was not taken earlier, and should take the break at the earliest safe opportunity. Ideally, this would be prior to preparing the RODS or immediately following the preparation of the RODS. Under FMCSA’s existing HOS requirements and guidance, drivers would begin preparing the RODS as soon as they determine they are no longer eligible for the RODS exemption. Guidance For the reasons explained above, FMCSA issues Regulatory Guidance Question 33 to § 395.1 of the FMCSRs: PART 395—HOURS OF SERVICE OF DRIVERS § 395.1 Scope of rules in this part. Question 33. If a driver using either short-haul exception in § 395.1(e) finds it necessary to exceed the exception limitations for unforeseen reasons, is the driver in violation of the § 395.3 rest break provision if more than 8 hours have passed without having taken the required rest break? Guidance. No. A driver using a § 395.1(e) short-haul exception who finds it necessary to exceed the exception limitations for unforeseen reasons, is not in violation of the § 395.3 rest-break requirements if 8 or more hours have passed at the time the driver becomes aware of the inability to use the short-haul exception. The driver should annotate the record-of-dutystatus to indicate why the required rest break was not taken earlier, and should take the break at the earliest safe opportunity. Issued on: December 12, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–30205 Filed 12–18–13; 8:45 am] pmangrum on DSK3VPTVN1PROD with RULES BILLING CODE 4910–EX–P VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130212129–3474–02] RIN 0648–XC967 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Closure of the 2014 Gulf of Mexico Recreational Season for Red Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces the closure date of the recreational season for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2014 fishing season through this temporary rule. Federal waters of the Gulf will close to red snapper recreational harvest at 12:01 a.m., July 11, 2014. This closure is necessary to prevent the recreational sector from exceeding its quota for the fishing year and prevent overfishing of the Gulf red snapper resource. DATES: The closure is effective 12:01 a.m., local time, July 11, 2014, until 12:01 a.m., local time, January 1, 2015. The recreational sector will reopen on June 1, 2015, the beginning of the 2015 recreational fishing season, unless superseding notification is published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727–824– 5305, email Susan.Gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes red snapper, 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 (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 season length analysis for 2014 used a tiered projection approach for forecasting recreational red snapper average weight and in-season catch rates in the Gulf. The results of retrospective analyses indicate improvements in projection methodologies have occurred over time. Average weight estimates were historically underestimated, but in 2013 projected and observed average weights were within 3 percent of one SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 another, and well within the range of average weights considered for projections. Similarly, estimates of season length improved from 2009 through 2012 with season estimates at or near the lower end of the range of season lengths projected. Past overages have occurred for a variety of reasons, including challenges with predicting angler behavior and landing rates, inconsistent state regulations, and rapidly increasing fish sizes. As a result, projection assumptions in more recent years, including the analysis used for 2014, have been refined to better account for increases in landings per day and changes in average weights. To encompass the uncertainty inherent in projection modeling, ten models were selected to estimate the 2014 Federal season length. These models incorporated: (1) Upper/lower confidence limits of landings per day; (2) upper/lower confidence limits of average weights; (3) recent average weights (2011–13 or 2013 only); and (4) 2013 Louisiana Creel survey landings per day and average weights. The average season length predicted by all model runs was 39 days (± 2 days) and the median season length for all projections was 40 days. For additional details about the calculation of the projection please see http:// sero.nmfs.noaa.gov/sustainable_ fisheries/gulf_fisheries/red_snapper/ documents/pdfs/2014/2014_rs_rec_ season.pdf. Based on the analysis summarized above, NMFS projects the recreational red snapper quota of 5.390 million lb (2.445 million kg), round weight (50 CFR 622.39(a)(2)(i)), to be harvested in 40 days in 2014. This projection assumes Alabama, Mississippi, and Florida will implement consistent regulations in their state waters, and that Louisiana and Texas will continue the same regulations in their state waters as were implemented for the 2013 season. Therefore, Federal waters of the Gulf will open to red snapper recreational harvest at 12:01 a.m., June 1, 2014, and close at 12:01 a.m., July 11, 2014. The recreational sector will reopen on June 1, 2015, the beginning of the 2015 recreational fishing season, unless superseding notification is published in the Federal Register. During the closure, the bag and possession limit for red snapper in or from the Gulf EEZ is zero. In addition, a person aboard a vessel for which a Federal charter vessel/headboat permit for Gulf reef fish has been issued must also abide by these closure provisions in state waters. NMFS has determined this action is necessary to prevent the E:\FR\FM\19DER1.SGM 19DER1 Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations recreational sector for red snapper from exceeding its quota for the fishing year. Classification The Regional Administrator, Southeast Region, NMFS, (RA) has determined this temporary rule is necessary for the conservation and management of Gulf red snapper and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.39(a)(2)(i) 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 rule implementing the recreational red snapper quota and the rule implementing the requirement to close the recreational sector when the quota is reached or projected to be reached have already been subject to notice and comment, and NMFS must now notify the public of the closure. Authority: 16 U.S.C. 1801 et seq. Dated: December 16, 2013. Sean F. Corson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–30194 Filed 12–16–13; 11:15 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 120109034–2171–01] RIN 0648–XD024 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Trimester Closure for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. pmangrum on DSK3VPTVN1PROD with RULES AGENCY: This action closes the Gulf of Maine (GOM) haddock Trimester Total Allowable Catch (TAC) Area for Trimester 3, from January 1, 2014, through April 30, 2014, to common pool vessels, because the Trimester 3 TAC for GOM haddock has already been SUMMARY: VerDate Mar<15>2010 15:16 Dec 18, 2013 Jkt 232001 76759 exceeded due to an overage in Trimester 1. This action is intended to prevent the overharvest of the common pool’s allocation of GOM haddock. DATES: The closure of the GOM haddock Trimester TAC Area is effective January 1, 2014, through April 30, 2014. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, 978–282–8493, Fax 978–281– 9135. SUPPLEMENTARY INFORMATION: Regulations governing the Northeast (NE) multispecies fishery are found at 50 CFR part 648, subpart F. The regulations require the NMFS Regional Administrator (RA) to close the Trimester TAC Area for a stock when 90 percent of the Trimester TAC is projected to be caught. The Trimester TAC Area for a stock will close to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. Any overages of a trimester TAC will be deducted from Trimester 3, and any overages of the common pool’s subannual catch limit (ACL) at the end of the fishing year (FY) will be deducted from the common pool’s sub-ACL the following FY. The FY 2013 common pool sub-ACL for GOM haddock is 2 metric tons (mt; 4,409 lb). In Trimester 1, the common pool caught 1.9 mt (4,260 lb) of GOM haddock, causing the common pool to exceed its Trimester 1 TAC of 0.54 mt (1,190 lb) by 1.4 mt (3,070 lb). Pursuant to regulations, this overage is deducted from Trimester 3, which has a TAC of 0.94 mt (2,072 lb). Because the overage from Trimester 1 was greater than the allowable catch for Trimester 3, Trimester 3 has no allowable catch. Therefore, effective January 1, 2014, the GOM haddock Trimester TAC Area identified in § 648.82(n)(2)(ii)(D) is closed for all of Trimester 3, through April 30, 2014, to all common pool vessels fishing with trawl gear, sink gillnet gear, and longline/hook gear. The GOM haddock Trimester TAC Area will reopen to common pool vessels fishing with trawl, sink gillnet, and longline/ hook gear at the beginning of Trimester 1 of FY 2014, on May 1, 2014. Catch will continue to be monitored through vessel trip reports, dealerreported landings, vessel monitoring system catch reports, and other available information, and if necessary, additional adjustments to common pool management measures may be made. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be impracticable and contrary to the public interest. Pursuant to 5 U.S.C. 553(d)(3), the AA also finds good cause to waive the 30-day delayed effectiveness period. The regulations at § 648.82(n)(2)(ii) requires the RA to close a trimester TAC area when 90 percent of the respective Trimester TAC has been caught by common pool vessels. The catch data show that the common pool fishery has already exceeded its Trimester 3 TAC for GOM haddock due to an overage in Trimester 1. As a result, this action reduces the extent of the common pool fishery overage of its sub-ACLs for GOM haddock. Any overages of the common pools sub-ACL for this stock would undermine conservation objectives and trigger the implementation of accountability measures that would have negative economic impacts on the common pool vessels. The catch data supporting this action only recently became available. As a result, the time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent NMFS from implementing the necessary Trimester TAC closure in a timely manner, which could undermine conservation objectives of the NE Multispecies Fishery Management Plan, and cause negative economic impacts to the common pool fishery. Classification This action is required by 50 CFR part 648, and is exempt from review under Executive Order 12866. AGENCY: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 Authority: 16 U.S.C. 1801 et seq. Dated: December 12, 2013. Sean F. Corson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–30114 Filed 12–17–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 130702583–3999–02] RIN 0648–BD40 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Annual Catch Limits and Accountability Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. E:\FR\FM\19DER1.SGM 19DER1

Agencies

[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76758-76759]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30194]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130212129-3474-02]
RIN 0648-XC967


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Closure of the 2014 Gulf of 
Mexico Recreational Season 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 date of the recreational season for 
red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico 
(Gulf) for the 2014 fishing season through this temporary rule. Federal 
waters of the Gulf will close to red snapper recreational harvest at 
12:01 a.m., July 11, 2014. This closure is necessary to prevent the 
recreational sector from exceeding its quota for the fishing year and 
prevent overfishing of the Gulf red snapper resource.

DATES: The closure is effective 12:01 a.m., local time, July 11, 2014, 
until 12:01 a.m., local time, January 1, 2015. The recreational sector 
will reopen on June 1, 2015, the beginning of the 2015 recreational 
fishing season, unless superseding notification is published in the 
Federal Register.

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

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
red snapper, 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 (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 season length analysis for 2014 used a tiered projection 
approach for forecasting recreational red snapper average weight and 
in-season catch rates in the Gulf. The results of retrospective 
analyses indicate improvements in projection methodologies have 
occurred over time. Average weight estimates were historically 
underestimated, but in 2013 projected and observed average weights were 
within 3 percent of one another, and well within the range of average 
weights considered for projections. Similarly, estimates of season 
length improved from 2009 through 2012 with season estimates at or near 
the lower end of the range of season lengths projected. Past overages 
have occurred for a variety of reasons, including challenges with 
predicting angler behavior and landing rates, inconsistent state 
regulations, and rapidly increasing fish sizes. As a result, projection 
assumptions in more recent years, including the analysis used for 2014, 
have been refined to better account for increases in landings per day 
and changes in average weights.
    To encompass the uncertainty inherent in projection modeling, ten 
models were selected to estimate the 2014 Federal season length. These 
models incorporated: (1) Upper/lower confidence limits of landings per 
day; (2) upper/lower confidence limits of average weights; (3) recent 
average weights (2011-13 or 2013 only); and (4) 2013 Louisiana Creel 
survey landings per day and average weights. The average season length 
predicted by all model runs was 39 days ( 2 days) and the 
median season length for all projections was 40 days. For additional 
details about the calculation of the projection please see http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/red_snapper/documents/pdfs/2014/2014_rs_rec_season.pdf.
    Based on the analysis summarized above, NMFS projects the 
recreational red snapper quota of 5.390 million lb (2.445 million kg), 
round weight (50 CFR 622.39(a)(2)(i)), to be harvested in 40 days in 
2014. This projection assumes Alabama, Mississippi, and Florida will 
implement consistent regulations in their state waters, and that 
Louisiana and Texas will continue the same regulations in their state 
waters as were implemented for the 2013 season. Therefore, Federal 
waters of the Gulf will open to red snapper recreational harvest at 
12:01 a.m., June 1, 2014, and close at 12:01 a.m., July 11, 2014. The 
recreational sector will reopen on June 1, 2015, the beginning of the 
2015 recreational fishing season, unless superseding notification is 
published in the Federal Register.
    During the closure, the bag and possession limit for red snapper in 
or from the Gulf EEZ is zero. In addition, a person aboard a vessel for 
which a Federal charter vessel/headboat permit for Gulf reef fish has 
been issued must also abide by these closure provisions in state 
waters. NMFS has determined this action is necessary to prevent the

[[Page 76759]]

recreational sector for red snapper from exceeding its quota for the 
fishing year.

Classification

    The Regional Administrator, Southeast Region, NMFS, (RA) has 
determined this temporary rule is necessary for the conservation and 
management of Gulf red snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.39(a)(2)(i) 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 
rule implementing the recreational red snapper quota and the rule 
implementing the requirement to close the recreational sector when the 
quota is reached or projected to be reached have already been subject 
to notice and comment, and NMFS must now notify the public of the 
closure.

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

    Dated: December 16, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-30194 Filed 12-16-13; 11:15 am]
BILLING CODE 3510-22-P