Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2017 Recreational Fishing Seasons for Red Snapper in the Gulf of Mexico, 21140-21141 [2017-09096]
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Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations
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custody and control, or was not located
following a reasonable search, DOT
provides the requester with the written
statement described in § 7.31(a)(3).
(b) Denial of fee waiver. When the
responsible DOT official denies, in
whole or in part, a request for a waiver
of fees made pursuant to § 7.24(b) or
§ 7.43(c), DOT provides the requester
with written notification of that
determination, the reasons for the
determination, the right of the requester
to appeal the determination within
DOT, and the requester’s right to seek
assistance in resolution of disputes from
the FOIA Public Liaison or Office of
Government Information Services.
(c) Denial of expedited processing.
When the responsible DOT official
denies a request for expedited
processing made pursuant to § 7.31(c),
DOT provides the requester with written
notice of that determination, the reasons
for the determination, the right to
appeal the determination within DOT,
and the requester’s right to seek dispute
resolution services from the FOIA
Public Liaison or Office of Government
Information Services.
(d) * * *
(1) Each appeal must be made in
writing to the appropriate DOT appeal
official and postmarked or, in the case
of electronic or facsimile transmissions
transmitted, within ninety calendar
days from the date the initial
determination is signed and should
include the DOT file or reference
number assigned to the request and all
information and arguments relied upon
by the person making the request. The
contact information for all DOT
component appeal officials is identified
in the DOT FOIA Reference Guide
available at https://
www.transportation.gov/foia. The
envelope in which a mailed appeal is
sent or the subject line of an appeal sent
electronically or by facsimile should be
prominently marked: ‘‘FOIA Appeal.’’
The twenty Federal working day limit
described in § 7.33(a) will not begin to
run until the appeal has been received
by the appropriate office and identified
as an appeal under FOIA, or would have
been so identified with the exercise of
due diligence, by a DOT employee.
*
*
*
*
*
■ 9. Amend § 7.34 by revising paragraph
(b) to read as follows:
§ 7.34 When and how are time limits
applicable to DOT extended?
*
*
*
*
*
(b) When the extension is for more
than ten Federal working days, the
written notice provides the requester
with an opportunity to either modify the
request (e.g., by narrowing the record
VerDate Sep<11>2014
14:00 May 04, 2017
Jkt 241001
types or date ranges) so that it may be
processed within the extended time
limit, or arrange an alternative time
period with the DOT component for
processing the request (e.g., by
prioritizing portions of the request). The
written notice also will notify the
requester of the right to seek dispute
resolution services from the Office of
Government Information Services.
*
*
*
*
*
■ 10. Amend § 7.43 by revising
paragraph (f) to read as follows:
§ 7.43 When are fees waived or reduced
for records requested under subpart C of
this part?
*
*
*
*
*
(f) Except as provided in paragraphs
(f)(1) through (3) of this section, DOT
does not assess search fees otherwise
chargeable under § 7.42(h) and (j) or
duplication fees otherwise chargeable
under § 7.42(i) when DOT fails to
comply with the time limits under
§ 7.31 or § 7.33.
(1) If DOT has determined that
unusual circumstances apply (as
defined in § 7.34(a)), 5,000 pages or less
are necessary to respond to the request,
and DOT has provided a timely written
notice to the requester in accordance
with § 7.34(a), a failure to comply with
the time limits under § 7.31 or § 7.33 is
excused for an additional 10 days. If
DOT does not comply with the extended
time limit, DOT does not assess search
fees otherwise chargeable under
§ 7.42(h) and (j) or duplication fees
otherwise chargeable under § 7.24(i);
(2) If DOT has determined that
unusual circumstances apply (as
defined under § 7.34(a)) and more than
5,000 pages are necessary to respond to
the request, DOT may charge search fees
under § 7.42(h) and (j) or duplication
fees under § 7.42(j) if DOT has provided
timely written notice to the requester in
accordance with § 7.34(a) and (b), and
DOT has discussed with the requester
via written mail, electronic mail, or
telephone (or made not less than three
good faith attempts to do so) how the
requester could effectively limit the
scope of the request.
(3) If a court determines that
exceptional circumstances exist (as that
term is defined in 5 U.S.C. 552(a)(6)(C)),
failure to comply with time limits under
§ 7.31 or § 7.33 shall be excused for the
length of time provided by the court
order.
Issued on: April 25, 2017.
Judith S. Kaleta,
Deputy General Counsel.
[FR Doc. 2017–08925 Filed 5–4–17; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140818679–5356–02]
RIN 0648–XF369
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; 2017
Recreational Fishing Seasons for Red
Snapper in the Gulf of Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closures.
AGENCY:
NMFS announces the 2017
recreational fishing seasons for the
private angling and Federal charter
vessel/headboat (for-hire) components
for red snapper in the exclusive
economic zone (EEZ) of the Gulf of
Mexico (Gulf) through this temporary
rule. The Federal recreational season for
red snapper in the Gulf EEZ begins at
12:01 a.m., local time, on June 1, 2017.
For recreational harvest by the private
angling component, the season closes at
12:01 a.m., local time, on June 4, 2017.
For recreational harvest by the Federal
for-hire component, the season closes at
12:01 a.m., local time, on July 20, 2017.
These closures are necessary to prevent
the private angling and Federal for-hire
components from exceeding their
respective quotas (annual catch limits
(ACLs)) for the 2017 fishing year and to
prevent overfishing of the Gulf red
snapper resource.
DATES: The closure is effective at 12:01
a.m., local time, June 4, 2017, until
12:01 a.m., local time, January 1, 2018,
for the private angling component. The
closure is effective at 12:01 a.m., local
time, July 20, 2017, until 12:01 a.m.,
local time, January 1, 2018, for the
Federal for-hire component. The 2018
Federal recreational fishing seasons for
the respective components will begin on
June 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: kelli.odonnell@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
and is implemented by NMFS under the
authority of the Magnuson-Stevens
SUMMARY:
E:\FR\FM\05MYR1.SGM
05MYR1
jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The final rule implementing
Amendment 40 to the FMP established
two components within the recreational
sector fishing for Gulf red snapper: The
private angling component and the
Federal for-hire component (80 FR
22422, April 22, 2015). Amendment 40
also allocated the red snapper
recreational ACL (recreational quota)
between the components and
established separate seasonal closures
for the two components. The
recreational seasonal closures are
projected from the component ACTs (set
20 percent less than the component
quotas) to reduce the likelihood of
harvests’ exceeding the component
quotas and the total recreational ACL.
The final rule for Amendment 28 to
the FMP revised the allocation between
the commercial and recreational sectors
for red snapper to be 48.5 percent and
51.5 percent, respectively, and
consequently revised quotas and ACTs
for the private angling and for-hire
components of the recreational sector
(81 FR 25576, April 28, 2016). However,
a decision in Guindon v. Pritzker, 2017
WL 875775 (D.D.C. March 3, 2017),
vacated Amendment 28 and its
implementing final rule. As a result,
NMFS has projected the length of the
recreational seasons based on the
allocations, quotas, and ACTs in effect
before promulgation of the Amendment
28 final rule. Those allocations are 51
percent for the commercial sector and
49 percent for the recreational sector,
which results in a 2017 total
recreational quota of 6,733,000 lb
(3,054,037 kg), round weight; a 2017
private angling quota and ACT of
3,885,000 lb (1,762,000 kg), round
weight, and 3,108,000 lb (1,410,000 kg),
round weight, respectively; and a 2017
Federal for-hire component quota and
ACT of 2,848,000 lb (1,292,000 kg),
round weight, and 2,278,000 lb
(1,033,000 kg), round weight,
respectively.
In addition, for the 2017 fishing year,
the total recreational quota and the
private angling quota and ACT must be
reduced due to an overage in the 2016
fishing year. The 2016 private angling
component quota was exceeded, which
also resulted in an overage of the 2016
total recreational quota by 129,906 lb
(58,924 kg), round weight; the for-hire
component quota was not exceeded.
Therefore, as specified at 50 CFR
VerDate Sep<11>2014
14:00 May 04, 2017
Jkt 241001
622.41(q)(2)(ii), NMFS must reduce the
total recreational quota and the private
angling component quota for the 2017
fishing year by the amount of the quota
overage. For that reason, the 2017 total
recreational quota is set at 6,603,094 lb
(2,995,113 kg), round weight, the private
angling component quota is set at
3,755,094 lb (1,703,282 kg), round
weight, and the private angling
component ACT is set at 3,004,075 lb
(1,362,625 kg), round weight. The forhire component quota in 2017 will
remain at 2,848,000 lb (1,292,000 kg),
round weight, and the component ACT
will remain at 2,278,000 lb (1,033,000
kg), round weight.
The 2017 red snapper recreational
fishing seasons have been determined
based on projection of when landings
would reach the component ACTs (as
adjusted), using catch rates and mean
weights, and taking into account the red
snapper harvest expected to occur
during the recreational seasons set by
the five Gulf states. The 2017 Federal
season for the private angling
component will be 3 days and the 2017
Federal season for the for-hire
component will be 49 days.
Therefore, the 2017 Federal
recreational season for the private
angling component will begin at 12:01
a.m., local time, June 1, 2017, and close
at 12:01 a.m., local time, June 4, 2017.
The Federal season for the Federal forhire component will begin at 12:01 a.m.,
local time, June 1, 2017, and close at
12:01 a.m., local time, July 20, 2017.
The 2018 Federal recreational fishing
seasons for the respective components
will begin on June 1, 2018.
On and after the effective date of a
recreational component closure, the bag
and possession limits for red snapper in
the respective component are zero.
When the Federal charter vessel/
headboat component or entire
recreational sector is closed, these bag
and possession limits apply 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.
Classification
The Regional Administrator for the
NMFS Southeast Region 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.
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21141
This action is taken under 50 CFR
622.41(q)(2)(i) and (ii) 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. The
Assistant Administrator for NOAA
Fisheries (AA), finds that the need to
immediately implement this action to
close the private angling and Federal
for-hire components for the red snapper
recreational sector constitute good cause
to waive the requirements to provide
prior notice and opportunity for public
comment on this temporary rule
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule implementing the recreational red
snapper ACLs and ACTs, and the rule
implementing the requirement to close
the recreational components when the
ACTs are projected to be reached have
already been subject to notice and
comment, and all that remains is to
notify the public of the closures.
Providing prior notice and opportunity
for public comment are contrary to the
public interest because of the need to
immediately implement this action to
protect Gulf red snapper by timely
closing the federal recreational seasons.
In addition, prior notice and
opportunity for public comment would
require time and many of those affected
by the length of the recreational fishing
seasons, particularly charter vessel and
headboat operations that book trips for
clients in advance, need as much
advance notice as NMFS is able to
provide to adjust their business plans to
account for the recreational fishing
seasons.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–09096 Filed 5–2–17; 4:15 pm]
BILLING CODE 3510–22–P
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05MYR1
Agencies
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Rules and Regulations]
[Pages 21140-21141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09096]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140818679-5356-02]
RIN 0648-XF369
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2017 Recreational Fishing
Seasons for Red Snapper in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the 2017 recreational fishing seasons for the
private angling and Federal charter vessel/headboat (for-hire)
components for red snapper in the exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) through this temporary rule. The Federal
recreational season for red snapper in the Gulf EEZ begins at 12:01
a.m., local time, on June 1, 2017. For recreational harvest by the
private angling component, the season closes at 12:01 a.m., local time,
on June 4, 2017. For recreational harvest by the Federal for-hire
component, the season closes at 12:01 a.m., local time, on July 20,
2017. These closures are necessary to prevent the private angling and
Federal for-hire components from exceeding their respective quotas
(annual catch limits (ACLs)) for the 2017 fishing year and to prevent
overfishing of the Gulf red snapper resource.
DATES: The closure is effective at 12:01 a.m., local time, June 4,
2017, until 12:01 a.m., local time, January 1, 2018, for the private
angling component. The closure is effective at 12:01 a.m., local time,
July 20, 2017, until 12:01 a.m., local time, January 1, 2018, for the
Federal for-hire component. The 2018 Federal recreational fishing
seasons for the respective components will begin on June 1, 2018.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
kelli.odonnell@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 and is implemented by NMFS
under the authority of the Magnuson-Stevens
[[Page 21141]]
Fishery Conservation and Management Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The final rule implementing Amendment 40 to the FMP established two
components within the recreational sector fishing for Gulf red snapper:
The private angling component and the Federal for-hire component (80 FR
22422, April 22, 2015). Amendment 40 also allocated the red snapper
recreational ACL (recreational quota) between the components and
established separate seasonal closures for the two components. The
recreational seasonal closures are projected from the component ACTs
(set 20 percent less than the component quotas) to reduce the
likelihood of harvests' exceeding the component quotas and the total
recreational ACL.
The final rule for Amendment 28 to the FMP revised the allocation
between the commercial and recreational sectors for red snapper to be
48.5 percent and 51.5 percent, respectively, and consequently revised
quotas and ACTs for the private angling and for-hire components of the
recreational sector (81 FR 25576, April 28, 2016). However, a decision
in Guindon v. Pritzker, 2017 WL 875775 (D.D.C. March 3, 2017), vacated
Amendment 28 and its implementing final rule. As a result, NMFS has
projected the length of the recreational seasons based on the
allocations, quotas, and ACTs in effect before promulgation of the
Amendment 28 final rule. Those allocations are 51 percent for the
commercial sector and 49 percent for the recreational sector, which
results in a 2017 total recreational quota of 6,733,000 lb (3,054,037
kg), round weight; a 2017 private angling quota and ACT of 3,885,000 lb
(1,762,000 kg), round weight, and 3,108,000 lb (1,410,000 kg), round
weight, respectively; and a 2017 Federal for-hire component quota and
ACT of 2,848,000 lb (1,292,000 kg), round weight, and 2,278,000 lb
(1,033,000 kg), round weight, respectively.
In addition, for the 2017 fishing year, the total recreational
quota and the private angling quota and ACT must be reduced due to an
overage in the 2016 fishing year. The 2016 private angling component
quota was exceeded, which also resulted in an overage of the 2016 total
recreational quota by 129,906 lb (58,924 kg), round weight; the for-
hire component quota was not exceeded. Therefore, as specified at 50
CFR 622.41(q)(2)(ii), NMFS must reduce the total recreational quota and
the private angling component quota for the 2017 fishing year by the
amount of the quota overage. For that reason, the 2017 total
recreational quota is set at 6,603,094 lb (2,995,113 kg), round weight,
the private angling component quota is set at 3,755,094 lb (1,703,282
kg), round weight, and the private angling component ACT is set at
3,004,075 lb (1,362,625 kg), round weight. The for-hire component quota
in 2017 will remain at 2,848,000 lb (1,292,000 kg), round weight, and
the component ACT will remain at 2,278,000 lb (1,033,000 kg), round
weight.
The 2017 red snapper recreational fishing seasons have been
determined based on projection of when landings would reach the
component ACTs (as adjusted), using catch rates and mean weights, and
taking into account the red snapper harvest expected to occur during
the recreational seasons set by the five Gulf states. The 2017 Federal
season for the private angling component will be 3 days and the 2017
Federal season for the for-hire component will be 49 days.
Therefore, the 2017 Federal recreational season for the private
angling component will begin at 12:01 a.m., local time, June 1, 2017,
and close at 12:01 a.m., local time, June 4, 2017. The Federal season
for the Federal for-hire component will begin at 12:01 a.m., local
time, June 1, 2017, and close at 12:01 a.m., local time, July 20, 2017.
The 2018 Federal recreational fishing seasons for the respective
components will begin on June 1, 2018.
On and after the effective date of a recreational component
closure, the bag and possession limits for red snapper in the
respective component are zero. When the Federal charter vessel/headboat
component or entire recreational sector is closed, these bag and
possession limits apply 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.
Classification
The Regional Administrator for the NMFS Southeast Region 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 622.41(q)(2)(i) and (ii) 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.
The Assistant Administrator for NOAA Fisheries (AA), finds that the
need to immediately implement this action to close the private angling
and Federal for-hire components for the red snapper recreational sector
constitute good cause to waive the requirements to provide prior notice
and opportunity for public comment on this temporary rule pursuant to
the authority set forth in 5 U.S.C. 553(b)(B), because such procedures
are unnecessary and contrary to the public interest. Such procedures
are unnecessary because the rule implementing the recreational red
snapper ACLs and ACTs, and the rule implementing the requirement to
close the recreational components when the ACTs are projected to be
reached have already been subject to notice and comment, and all that
remains is to notify the public of the closures. Providing prior notice
and opportunity for public comment are contrary to the public interest
because of the need to immediately implement this action to protect
Gulf red snapper by timely closing the federal recreational seasons. In
addition, prior notice and opportunity for public comment would require
time and many of those affected by the length of the recreational
fishing seasons, particularly charter vessel and headboat operations
that book trips for clients in advance, need as much advance notice as
NMFS is able to provide to adjust their business plans to account for
the recreational fishing seasons.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: May 2, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2017-09096 Filed 5-2-17; 4:15 pm]
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