Emergency Rule To Revise the Recreational Accountability Measures and Revise the 2014 Recreational Fishing Season for Red Snapper in the Gulf of Mexico, 27768-27771 [2014-11335]
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27768
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
5610.1, issued March 1, 2004 (69 FR
9680). This final rule is categorically
excluded from further analysis and
documentation under the Categorical
Exclusion (CE) in paragraph 6(b) of
Appendix 2 of FMCSA Order 5610.1.
This CE addresses minor revisions such
as found in this rulemaking; therefore
preparation of an environmental
assessment or environmental impact
statement is not necessary.
The FMCSA also analyzed this rule
under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et
seq.), and implementing regulations
promulgated by the Environmental
Protection Agency. Approval of this
action is exempt from the CAA’s general
conformity requirement since it will
have no effect on air emissions.
E.O. 12898 (Environmental Justice)
FMCSA evaluated the environmental
effects of this final rule in accordance
with E.O. 12898 and determined that
there are no environmental justice
issues associated with its provisions nor
any collective environmental impact
resulting from its promulgation.
Environmental justice issues would be
raised if there were a ‘‘disproportionate’’
and ‘‘high and adverse impact’’ on
minority or low-income populations.
FMCSA analyzed this action under
NEPA and found the action to be
categorically excluded from analysis
due to the lack of impact to the
environment. This final rule simply
updates an incorporation by reference
and would not result in high and
adverse environmental impacts.
E.O. 13211 (Energy Effects)
FMCSA has analyzed this rule under
E.O. 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use.
FMCSA has determined that it is not a
‘‘significant energy action’’ under that
E.O. because it is not a ‘‘significant
regulatory action’’ under E.O. 12866 and
is not likely to have a significant
adverse effect on the supply,
distribution, or use of energy. Therefore,
the rule does not require a Statement of
Energy Effects under E.O. 13211.
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E.O. 13045 (Protection of Children)
FMCSA analyzed this action under
E.O. 13045, Protection of Children from
Environmental Health Risks and Safety
Risks. FMCSA determined that this final
rule will not create an environmental
risk to health or safety that may
disproportionately affect children. In
addition, it is not an economically
significant rule, and no such analysis is
therefore required.
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E.O. 12988 (Civil Justice Reform)
This action meets applicable
standards in sections 3(a) and 3(b)(2) of
E.O. 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
In consideration of the foregoing,
FMCSA is amending 49 CFR chapter III,
part 385 as set forth below:
E.O. 12630 (Taking of Private Property)
This rule will not effect a taking of
private property or otherwise have
taking implications under E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights.
■
National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) requires Federal agencies
proposing to adopt technical standards
to consider whether voluntary
consensus standards are available. If the
Agency chooses to adopt its own
standards in place of existing voluntary
consensus standards, it must explain its
decision in a separate statement to
OMB. Because FMCSA does not intend
to adopt its own technical standards,
there is no need to submit a separate
statement to OMB on this matter.
■
E-Government Act of 2002
The E-Government Act of 2002,
Public Law 107–347, § 208, 116 Stat.
2899, 2921 (Dec. 17, 2002), requires
Federal agencies to conduct a privacy
impact assessment for new or
substantially changed technology that
collects, maintains, or disseminates
information in an identifiable form. No
new or substantially changed
technology would collect, maintain, or
disseminate information as a result of
this rule. As a result, FMCSA has not
conducted a privacy impact assessment.
Privacy Impact Assessment
Section 522(a)(5) of the
Transportation, Treasury, Independent
Agencies, and General Government
Appropriations Act, 2005 (Pub. L. 108–
447, Division H, Title I, 118 Stat. 2809
at 3268, Dec. 8, 2004) requires DOT and
certain other Federal agencies to
conduct a privacy impact assessment of
each rule that will affect the privacy of
individuals. Because this final rule will
not affect the privacy of individuals,
FMCSA did not conduct a privacy
impact assessment.
List of Subjects in 49 CFR Part 385
Administrative practice and
procedure, Highway safety,
Incorporation by reference, Mexico,
Motor carriers, Motor vehicle safety,
Reporting and recordkeeping
requirements.
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PART 385—SAFETY FITNESS
PROCEDURES
1. The authority citation for part 385
is revised to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b),
5105(e), 5109, 13901–13905, 31133, 31135,
31136, 31137(a), 31144, 31148, and 31502;
Sec. 113(a), Pub. L. 103–311; Sec. 408, Pub.
L. 104–88; Sec. 350 of Pub. L. 107–87; and
49 CFR 1.87.
2. Revise § 385.4(b)(1) to read as
follows:
§ 385.4
Matter incorporated by reference.
(a) * * *
(b) * * *
(1) ‘‘North American Standard Out-ofService Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
for Commercial Highway Vehicles
Transporting Transuranics and Highway
Route Controlled Quantities of
Radioactive Materials as defined in 49
CFR Part 173.403,’’ April 1, 2014;
incorporation by reference approved for
§ 385.415(b).
*
*
*
*
*
Issued under the authority of delegation in
49 CFR 1.87 on: May 5, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014–10981 Filed 5–14–14; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140416344–4344–01]
RIN 0648–BE18
Emergency Rule To Revise the
Recreational Accountability Measures
and Revise the 2014 Recreational
Fishing Season for Red Snapper in the
Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Emergency rule.
AGENCY:
NMFS issues this emergency
rule to revise the recreational
accountability measures (AMs) by
establishing a recreational annual catch
target (ACT), and revise the 2014
recreational fishing season for red
snapper in the exclusive economic zone
SUMMARY:
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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
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(EEZ) of the Gulf of Mexico (Gulf), as
requested by the Gulf of Mexico Fishery
Management Council (Council). At its
April 2014 meeting, the Council
requested an emergency rule to revise
the recreational AMs for red snapper by
applying a 20-percent buffer to the
recreational quota, which results in a
recreational ACT of 4.312 million lb
(1.956 million kg), round weight. The
Council’s decision to request an
emergency rule was made following the
decision of the U.S. District Court for
the District of Columbia (Court) in
Guindon v. Pritzker, 2014 WL 1274076
(D.D.C. Mar. 26, 2014). After
recalculating the season length based on
the ACT and using the 2013 Marine
Recreational Information Program
(MRIP) landings estimates, NMFS is
setting a 9-day fishing season. The
purpose of this rulemaking is to better
ensure red snapper recreational
landings do not exceed the recreational
quota established in the rebuilding plan,
in accordance with sections 303(a)(15)
and 407(d) of the Magnuson-Stevens Act
(16 U.S.C. 1853(a)(15); 16 U.S.C.
1883(d)) and the Court’s ruling.
DATES: This emergency rule is effective
May 15, 2014, through November 11,
2014. The red snapper recreational
fishing season will open at 12:01 a.m.,
local time, on June 1, 2014, and close at
12:01 a.m., local time, on June 10, 2014.
ADDRESSES: Electronic copies of the
documents in support of this emergency
rule, which include an environmental
assessment (EA), may be obtained from
the Southeast Regional Office Web site
at https://sero.nfms.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Cynthia Meyer, Southeast Regional
Office, NMFS, telephone: 727–824–
5305, email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
reef fish fishery 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). The
Magnuson-Stevens Act provides the
legal authority for the promulgation of
emergency regulations under section
305(c) (16 U.S.C. 1855(c)).
functionally equivalent to sector ACLs,
and the sum of the quotas is
functionally equivalent to the stock
ACL. Additionally, the commercial
individual fishing quota (IFQ) program
serves as an AM for the commercial
sector and the recreational in-season
closure based on annual projections of
the season length serves as an AM for
the recreational sector.
The current recreational quota,
implemented through a 2013 framework
amendment (78 FR 57318, September
18, 2013), is 5.390 million lb (2.445
million kg), round weight. The red
snapper recreational fishing season
begins on June 1, each year, and closes
when NMFS projects the recreational
quota will be met. NMFS determines the
length of the red snapper recreational
fishing season in advance and
announces the closure date in the
Federal Register before June 1, each
year.
From 2010 to present, the season has
become progressively shorter despite
annual increases in the quota. In 2011,
the season was 48 days, and in 2012, 46
days. In 2013, the season was open for
a total of 42 days. It opened on June 1
for 28 days (78 FR 34586, June 10,
2013), and then re-opened on October 1
for an additional 14 days (78 FR 57313,
September 18, 2013). For the 2014
recreational fishing season, NMFS
published a temporary rule on
December 19, 2013, to implement a 40day season beginning June 1, 2014 (78
FR 76758).
Background
The 2007 reauthorization of the
Magnuson-Stevens Act established new
requirements to end and prevent
overfishing through the use of annual
catch limits (ACLs) and AMs. For red
snapper, NMFS determined the existing
commercial and recreational quotas are
2014 Recreational Red Snapper Fishing
Season
For the 2014 recreational red snapper
fishing season, this rule reduces the
probability that the recreational sector
will exceed its quota by revising the
projected season length for the 2014
fishing season to incorporate the 2013
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Guindon v. Pritzker
In September 2013, individual
commercial fishermen and two
commercial fishing interest groups filed
a lawsuit challenging the rules that
implemented the red snapper quotas for
the 2013 fishing year and set the 2013
recreational red snapper fishing season.
In March 2014, the Court ruled in favor
of the plaintiffs, finding, in pertinent
part, that NMFS failed to require
adequate AMs for the recreational
sector, failed to prohibit the retention of
fish after the recreational quota had
been harvested, and failed to use the
best scientific information available
when determining whether there should
be a fall fishing season. See Guindon v.
Pritzker, 2014 WL 1274076 (D.D.C. Mar.
26, 2014).
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27769
MRIP landings data. Additionally, based
on the Council’s request, NMFS is
implementing additional recreational
AMs for red snapper to better constrain
harvest to the recreational quota. The
Council voted to apply a 20-percent
buffer to the recreational quota,
resulting in a recreational ACT of 4.312
million lb (1.956 million kg), round
weight. NMFS is using the ACT to set
the 2014 recreational fishing season.
Based on the estimated landings data
from the 2013 fishing season (from
MRIP, the Southeast Headboat Survey,
and the Texas Parks and Wildlife
Department (TPWD)), average fish size,
the length of the 2014 recreational
fishing seasons in state waters off each
Gulf state, and estimated catch rates in
state waters, NMFS has determined the
2014 Federal recreational fishing season
needs to be reduced from 40 to 15 days.
The Federal season is further reduced to
9 days when it is based on the
recreational ACT. The reduction in the
Federal fishing season length (15 to 9
days) is not proportional to the buffer
applied (20 percent) because NMFS
needs to account for the landings that
will continue to occur from state waters
when Federal waters are closed.
Therefore, the recreational fishing
season will open at 12:01 a.m., local
time, on June 1, 2014, and close at 12:01
a.m., local time, on June 10, 2014. The
method for calculating the closure date
can be found in Appendix B of the EA.
The Council is currently considering
permanent measures to revise the
recreational AMs for red snapper in
Amendment 28 to the FMP. The actions
in Amendment 28 consider establishing
an ACT and using paybacks to address
any quota overages that may occur. The
Council may also consider other longterm measures to address accountability
in the recreational sector. For example,
the Council has started work on a
scoping document to develop a red
snapper IFQ-type program for for-hire
vessels.
Need for This Emergency Rule
The ‘‘Policy Guidelines for the Use of
Emergency Rules’’ (62 FR 44421, August
21, 1997) list three criteria for
determining whether an emergency
exists.
(1) Results from recent, unforeseen events
or recently discovered circumstances; and
(2) Presents serious conservation or
management problems in the fishery; and
(3) Can be addressed through emergency
regulations for which the immediate benefits
outweigh the value of advance notice, public
comment, and deliberative consideration of
the impacts to the same extent as would be
expected under the normal rulemaking
process.
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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
NMFS is promulgating these
emergency regulations under the
authority of the Magnuson-Stevens Act,
consistent with these three criteria. For
the first criterion for an emergency rule,
the recent unforeseen event is the
decision in Guindon v. Pritzker, which
was issued on March 26, 2014. In that
decision, the Court found, in pertinent
part, that NMFS failed to require
adequate recreational AMs and to
prohibit the retention of fish after the
recreational quota had been harvested,
and failed to use the best scientific
information available by not using the
2013 MRIP landings data to determine
whether the harvest during the June
2013 fishing season exceeded the
recreational quota. Therefore, based on
the Council’s request, NMFS is
implementing additional recreational
AMs for red snapper to better constrain
harvest to the recreational quota during
the 2014 fishing season, which opens on
June 1, 2014. In addition, NMFS is
including the 2013 MRIP landings data
in the projections used to set the 2014
fishing season.
The second emergency criterion is
that the situation presents serious
conservation or management problems
in the fishery. The 2014 recreational
fishing season was previously projected
to be 40 days. This presents serious
conservation and management problems
because the 40-day season could
perpetuate continued overages of the
recreational quota. This emergency rule
is expected to help NMFS constrain
recreational red snapper harvest within
the quota, as required by sections
303(a)(15) and 407(d) of the MagnusonStevens Act (16 U.S.C. 1853(a)(15); 16
U.S.C. 1883(d)). Section 303(a)(15)
requires that the councils establish
ACLs for each stock and AMs to ensure
these catch limits are not exceeded, and
section 407(d) requires a separate quota
for the recreational sector that, when
reached, results in a prohibition on the
retention of fish caught during
recreational fishing. The recreational
ACT and the in-season closure serve as
the recreational AMs for red snapper.
The in-season closure also results in a
prohibition on the retention of fish
caught during recreational fishing.
Under the third criterion for an
emergency rule, the immediate benefit
of implementing the emergency rule
must outweigh the value of advance
notice and public comment. NMFS
previously announced the Federal red
snapper recreational fishing season
would be 40 days. However, the need to
incorporate the 2013 MRIP landings
data into the season length projections
and to establish additional AMs to
ensure that the recreational harvest is
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Jkt 232001
constrained to the recreational quota has
resulted in a 9-day Federal fishing
season. The Federal red snapper
recreational fishing season opens June 1,
2014. Delaying announcement of this
emergency rule to accommodate prior
public notice and comment would
result in less advance notice of the
revised Federal red snapper recreational
fishing season and could be very
disruptive to the fishery. Such a delay
would decrease the time available for
for-hire businesses to adjust their
business plans and private anglers to
change their fishing plans, especially if
they are visiting from out-of-state. Forhire operators booked trips with clients
for the previously announced 40-day
season and private anglers may have
booked hotel rooms or rented boats in
anticipation of a 40-day season. Because
the season implemented through this
emergency rule is now 9 days, for-hire
operators will need to change their
business plans and cancel or re-arrange
many of those trips, and clients who
booked the for-hire trips and private
anglers may need to cancel reservations
or reschedule their trips. NMFS must
implement this rule immediately to
announce the change in the fishing
season.
Measures Contained in This Emergency
Rule
This emergency rule revises the
recreational AM by establishing a
recreational ACT, and revises the 2014
recreational fishing season for red
snapper in the Gulf EEZ. NMFS has
determined the length of the red
snapper recreational fishing season in
Federal waters to be 9 days, which is
based on when the recreational ACT of
4.312 million lb (1.956 million kg),
round weight, is projected to be met.
Therefore, the Federal recreational
fishing season will open at 12:01 a.m.,
local time, on June 1, 2014, and close at
12:01 a.m., local time, on July 10, 2014.
On and after the effective date of the
recreational closure notification, the bag
and possession limit for red snapper are
zero. In addition, if Federal regulations
for Gulf reef fish are more restrictive
than state regulations, a person aboard
a charter vessel or headboat for which
a charter vessel/headboat permit for
Gulf reef fish has been issued must
comply with such Federal regulations
regardless of where the fish are
harvested, as specified in
§ 622.4(a)(1)(iv). Relative to this
emergency rule, that means if the EEZ
is closed to recreational red snapper
harvest, vessels with a Federal charter
vessel/headboat permit for Gulf reef fish
may not harvest red snapper in state
waters.
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Fmt 4700
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Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Act, 16 U.S.C. 1855(c). The Assistant
Administrator for Fisheries, NOAA
(AA), has determined that this
emergency rule is necessary for the
conservation and management of the
recreational red snapper component of
the Gulf reef fish fishery and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This emergency rule has been
determined to be not significant for
purposes of Executive Order 12866.
The AA finds 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).
Providing prior notice and
opportunity for public comment on this
action would be contrary to the public
interest. Many of those affected by the
red snapper recreational fishing season
closure have planned their trips several
months in advance. For-hire operators
booked trips with clients for the
previously announced 40-day season
and private anglers may have booked
hotel rooms or rented boats in
anticipation of a 40-day season. Because
the season implemented through this
emergency rule has eliminated 31
fishing days, for-hire operators will
need to change their business plans and
cancel or re-arrange trips that are
scheduled to occur after June 9, 2014,
and clients who booked the for-hire
trips and private anglers may need to
cancel reservations or reschedule their
trips for a date when the season is open.
Delaying announcement of this
emergency rule to accommodate prior
public notice and comment would be
contrary to the public interest because it
would result in less advance notice to
the public of the change in the length of
the red snapper recreational fishing
season.
For the reasons listed above, the AA
also finds good cause to waive the 30day delay in effectiveness of the action
under 5 U.S.C. 553(d)(3).
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553 or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq. are inapplicable. Accordingly, no
Regulatory Flexibility Analysis is
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
Red snapper.
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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations
Dated: May 13, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.41, paragraph (q) is added
to read as follows:
■
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
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■
VerDate Mar<15>2010
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Jkt 232001
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(q) Red snapper—(1) Commercial
sector. [Reserved]
(2) Recreational sector. (i) The AA
will determine the length of the red
snapper recreational fishing season
based on when recreational landings are
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27771
projected to reach the recreational ACT
specified in paragraph (q)(2)(ii) of this
section, and announce the closure date
in the Federal Register. This will serve
as an in-season accountability measure.
On and after the effective date of the
recreational closure notification, the bag
and possession limit for red snapper are
zero.
(ii) The recreational ACT for red
snapper is 4.312 million lb (1.956
million kg), round weight.
[FR Doc. 2014–11335 Filed 5–14–14; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Rules and Regulations]
[Pages 27768-27771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11335]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140416344-4344-01]
RIN 0648-BE18
Emergency Rule To Revise the Recreational Accountability Measures
and Revise the 2014 Recreational Fishing Season for Red Snapper in the
Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Emergency rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this emergency rule to revise the recreational
accountability measures (AMs) by establishing a recreational annual
catch target (ACT), and revise the 2014 recreational fishing season for
red snapper in the exclusive economic zone
[[Page 27769]]
(EEZ) of the Gulf of Mexico (Gulf), as requested by the Gulf of Mexico
Fishery Management Council (Council). At its April 2014 meeting, the
Council requested an emergency rule to revise the recreational AMs for
red snapper by applying a 20-percent buffer to the recreational quota,
which results in a recreational ACT of 4.312 million lb (1.956 million
kg), round weight. The Council's decision to request an emergency rule
was made following the decision of the U.S. District Court for the
District of Columbia (Court) in Guindon v. Pritzker, 2014 WL 1274076
(D.D.C. Mar. 26, 2014). After recalculating the season length based on
the ACT and using the 2013 Marine Recreational Information Program
(MRIP) landings estimates, NMFS is setting a 9-day fishing season. The
purpose of this rulemaking is to better ensure red snapper recreational
landings do not exceed the recreational quota established in the
rebuilding plan, in accordance with sections 303(a)(15) and 407(d) of
the Magnuson-Stevens Act (16 U.S.C. 1853(a)(15); 16 U.S.C. 1883(d)) and
the Court's ruling.
DATES: This emergency rule is effective May 15, 2014, through November
11, 2014. The red snapper recreational fishing season will open at
12:01 a.m., local time, on June 1, 2014, and close at 12:01 a.m., local
time, on June 10, 2014.
ADDRESSES: Electronic copies of the documents in support of this
emergency rule, which include an environmental assessment (EA), may be
obtained from the Southeast Regional Office Web site at https://sero.nfms.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email: Cynthia.Meyer@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery 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). The Magnuson-Stevens Act provides the legal authority for
the promulgation of emergency regulations under section 305(c) (16
U.S.C. 1855(c)).
Background
The 2007 reauthorization of the Magnuson-Stevens Act established
new requirements to end and prevent overfishing through the use of
annual catch limits (ACLs) and AMs. For red snapper, NMFS determined
the existing commercial and recreational quotas are functionally
equivalent to sector ACLs, and the sum of the quotas is functionally
equivalent to the stock ACL. Additionally, the commercial individual
fishing quota (IFQ) program serves as an AM for the commercial sector
and the recreational in-season closure based on annual projections of
the season length serves as an AM for the recreational sector.
The current recreational quota, implemented through a 2013
framework amendment (78 FR 57318, September 18, 2013), is 5.390 million
lb (2.445 million kg), round weight. The red snapper recreational
fishing season begins on June 1, each year, and closes when NMFS
projects the recreational quota will be met. NMFS determines the length
of the red snapper recreational fishing season in advance and announces
the closure date in the Federal Register before June 1, each year.
From 2010 to present, the season has become progressively shorter
despite annual increases in the quota. In 2011, the season was 48 days,
and in 2012, 46 days. In 2013, the season was open for a total of 42
days. It opened on June 1 for 28 days (78 FR 34586, June 10, 2013), and
then re-opened on October 1 for an additional 14 days (78 FR 57313,
September 18, 2013). For the 2014 recreational fishing season, NMFS
published a temporary rule on December 19, 2013, to implement a 40-day
season beginning June 1, 2014 (78 FR 76758).
Guindon v. Pritzker
In September 2013, individual commercial fishermen and two
commercial fishing interest groups filed a lawsuit challenging the
rules that implemented the red snapper quotas for the 2013 fishing year
and set the 2013 recreational red snapper fishing season. In March
2014, the Court ruled in favor of the plaintiffs, finding, in pertinent
part, that NMFS failed to require adequate AMs for the recreational
sector, failed to prohibit the retention of fish after the recreational
quota had been harvested, and failed to use the best scientific
information available when determining whether there should be a fall
fishing season. See Guindon v. Pritzker, 2014 WL 1274076 (D.D.C. Mar.
26, 2014).
2014 Recreational Red Snapper Fishing Season
For the 2014 recreational red snapper fishing season, this rule
reduces the probability that the recreational sector will exceed its
quota by revising the projected season length for the 2014 fishing
season to incorporate the 2013 MRIP landings data. Additionally, based
on the Council's request, NMFS is implementing additional recreational
AMs for red snapper to better constrain harvest to the recreational
quota. The Council voted to apply a 20-percent buffer to the
recreational quota, resulting in a recreational ACT of 4.312 million lb
(1.956 million kg), round weight. NMFS is using the ACT to set the 2014
recreational fishing season. Based on the estimated landings data from
the 2013 fishing season (from MRIP, the Southeast Headboat Survey, and
the Texas Parks and Wildlife Department (TPWD)), average fish size, the
length of the 2014 recreational fishing seasons in state waters off
each Gulf state, and estimated catch rates in state waters, NMFS has
determined the 2014 Federal recreational fishing season needs to be
reduced from 40 to 15 days. The Federal season is further reduced to 9
days when it is based on the recreational ACT. The reduction in the
Federal fishing season length (15 to 9 days) is not proportional to the
buffer applied (20 percent) because NMFS needs to account for the
landings that will continue to occur from state waters when Federal
waters are closed. Therefore, the recreational fishing season will open
at 12:01 a.m., local time, on June 1, 2014, and close at 12:01 a.m.,
local time, on June 10, 2014. The method for calculating the closure
date can be found in Appendix B of the EA.
The Council is currently considering permanent measures to revise
the recreational AMs for red snapper in Amendment 28 to the FMP. The
actions in Amendment 28 consider establishing an ACT and using paybacks
to address any quota overages that may occur. The Council may also
consider other long-term measures to address accountability in the
recreational sector. For example, the Council has started work on a
scoping document to develop a red snapper IFQ-type program for for-hire
vessels.
Need for This Emergency Rule
The ``Policy Guidelines for the Use of Emergency Rules'' (62 FR
44421, August 21, 1997) list three criteria for determining whether an
emergency exists.
(1) Results from recent, unforeseen events or recently
discovered circumstances; and
(2) Presents serious conservation or management problems in the
fishery; and
(3) Can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts to the same
extent as would be expected under the normal rulemaking process.
[[Page 27770]]
NMFS is promulgating these emergency regulations under the
authority of the Magnuson-Stevens Act, consistent with these three
criteria. For the first criterion for an emergency rule, the recent
unforeseen event is the decision in Guindon v. Pritzker, which was
issued on March 26, 2014. In that decision, the Court found, in
pertinent part, that NMFS failed to require adequate recreational AMs
and to prohibit the retention of fish after the recreational quota had
been harvested, and failed to use the best scientific information
available by not using the 2013 MRIP landings data to determine whether
the harvest during the June 2013 fishing season exceeded the
recreational quota. Therefore, based on the Council's request, NMFS is
implementing additional recreational AMs for red snapper to better
constrain harvest to the recreational quota during the 2014 fishing
season, which opens on June 1, 2014. In addition, NMFS is including the
2013 MRIP landings data in the projections used to set the 2014 fishing
season.
The second emergency criterion is that the situation presents
serious conservation or management problems in the fishery. The 2014
recreational fishing season was previously projected to be 40 days.
This presents serious conservation and management problems because the
40-day season could perpetuate continued overages of the recreational
quota. This emergency rule is expected to help NMFS constrain
recreational red snapper harvest within the quota, as required by
sections 303(a)(15) and 407(d) of the Magnuson-Stevens Act (16 U.S.C.
1853(a)(15); 16 U.S.C. 1883(d)). Section 303(a)(15) requires that the
councils establish ACLs for each stock and AMs to ensure these catch
limits are not exceeded, and section 407(d) requires a separate quota
for the recreational sector that, when reached, results in a
prohibition on the retention of fish caught during recreational
fishing. The recreational ACT and the in-season closure serve as the
recreational AMs for red snapper. The in-season closure also results in
a prohibition on the retention of fish caught during recreational
fishing.
Under the third criterion for an emergency rule, the immediate
benefit of implementing the emergency rule must outweigh the value of
advance notice and public comment. NMFS previously announced the
Federal red snapper recreational fishing season would be 40 days.
However, the need to incorporate the 2013 MRIP landings data into the
season length projections and to establish additional AMs to ensure
that the recreational harvest is constrained to the recreational quota
has resulted in a 9-day Federal fishing season. The Federal red snapper
recreational fishing season opens June 1, 2014. Delaying announcement
of this emergency rule to accommodate prior public notice and comment
would result in less advance notice of the revised Federal red snapper
recreational fishing season and could be very disruptive to the
fishery. Such a delay would decrease the time available for for-hire
businesses to adjust their business plans and private anglers to change
their fishing plans, especially if they are visiting from out-of-state.
For-hire operators booked trips with clients for the previously
announced 40-day season and private anglers may have booked hotel rooms
or rented boats in anticipation of a 40-day season. Because the season
implemented through this emergency rule is now 9 days, for-hire
operators will need to change their business plans and cancel or re-
arrange many of those trips, and clients who booked the for-hire trips
and private anglers may need to cancel reservations or reschedule their
trips. NMFS must implement this rule immediately to announce the change
in the fishing season.
Measures Contained in This Emergency Rule
This emergency rule revises the recreational AM by establishing a
recreational ACT, and revises the 2014 recreational fishing season for
red snapper in the Gulf EEZ. NMFS has determined the length of the red
snapper recreational fishing season in Federal waters to be 9 days,
which is based on when the recreational ACT of 4.312 million lb (1.956
million kg), round weight, is projected to be met. Therefore, the
Federal recreational fishing season will open at 12:01 a.m., local
time, on June 1, 2014, and close at 12:01 a.m., local time, on July 10,
2014. On and after the effective date of the recreational closure
notification, the bag and possession limit for red snapper are zero. In
addition, if Federal regulations for Gulf reef fish are more
restrictive than state regulations, a person aboard a charter vessel or
headboat for which a charter vessel/headboat permit for Gulf reef fish
has been issued must comply with such Federal regulations regardless of
where the fish are harvested, as specified in Sec. 622.4(a)(1)(iv).
Relative to this emergency rule, that means if the EEZ is closed to
recreational red snapper harvest, vessels with a Federal charter
vessel/headboat permit for Gulf reef fish may not harvest red snapper
in state waters.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator for
Fisheries, NOAA (AA), has determined that this emergency rule is
necessary for the conservation and management of the recreational red
snapper component of the Gulf reef fish fishery and is consistent with
the Magnuson-Stevens Act and other applicable laws.
This emergency rule has been determined to be not significant for
purposes of Executive Order 12866.
The AA finds 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).
Providing prior notice and opportunity for public comment on this
action would be contrary to the public interest. Many of those affected
by the red snapper recreational fishing season closure have planned
their trips several months in advance. For-hire operators booked trips
with clients for the previously announced 40-day season and private
anglers may have booked hotel rooms or rented boats in anticipation of
a 40-day season. Because the season implemented through this emergency
rule has eliminated 31 fishing days, for-hire operators will need to
change their business plans and cancel or re-arrange trips that are
scheduled to occur after June 9, 2014, and clients who booked the for-
hire trips and private anglers may need to cancel reservations or
reschedule their trips for a date when the season is open. Delaying
announcement of this emergency rule to accommodate prior public notice
and comment would be contrary to the public interest because it would
result in less advance notice to the public of the change in the length
of the red snapper recreational fishing season.
For the reasons listed above, the AA also finds good cause to waive
the 30-day delay in effectiveness of the action under 5 U.S.C.
553(d)(3).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553 or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
are inapplicable. Accordingly, no Regulatory Flexibility Analysis is
required and none has been prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Red snapper.
[[Page 27771]]
Dated: May 13, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 622.41, paragraph (q) is added to read as follows:
Sec. 622.41 Annual catch limits (ACLs), annual catch targets (ACTs),
and accountability measures (AMs).
* * * * *
(q) Red snapper--(1) Commercial sector. [Reserved]
(2) Recreational sector. (i) The AA will determine the length of
the red snapper recreational fishing season based on when recreational
landings are projected to reach the recreational ACT specified in
paragraph (q)(2)(ii) of this section, and announce the closure date in
the Federal Register. This will serve as an in-season accountability
measure. On and after the effective date of the recreational closure
notification, the bag and possession limit for red snapper are zero.
(ii) The recreational ACT for red snapper is 4.312 million lb
(1.956 million kg), round weight.
[FR Doc. 2014-11335 Filed 5-14-14; 8:45 am]
BILLING CODE 3510-22-P