[Federal Register Volume 78, Number 100 (Thursday, May 23, 2013)]
[Rules and Regulations]
[Pages 30779-30780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12321]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 0907271173-0629-03]
RIN 0648-XC672
Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational
Accountability Measure and Closure for South Atlantic Snowy Grouper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements accountability measures (AMs) for the
recreational sector of snowy grouper in the South Atlantic for the 2013
fishing year through this temporary rule. Average recreational landings
from 2010-2012 exceeded the recreational annual catch limit (ACL) for
snowy grouper. To account for this overage, this rule reduces the
length of the 2013 recreational fishing season. Therefore, NMFS closes
the recreational sector for snowy grouper on May 31, 2013. This closure
is necessary to protect the snowy grouper resource.
DATES: This rule is effective 12:01 a.m., local time, May 31, 2013,
until 12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes snowy grouper, is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared by the South Atlantic Fishery
Management 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 recreational ACL for snowy grouper is 523 fish. In accordance
with regulations at 50 CFR 622.193(b)(2), if the recreational ACL is
exceeded, the Assistant Administrator, NMFS (AA) will file a
notification with the Office of the Federal Register to reduce the
length of the following fishing season by the amount necessary to
ensure landings do not exceed the recreational ACL in the following
fishing year. Additionally, the most recent 3-year running average of
recreational landings is compared to the recreational ACL. For the 2013
fishing year, the average of 2010-2012 recreational landings is
compared to the recreational ACL. Average landings from 2010-2012
exceeded the 2012 ACL by 882 fish on average. Therefore, this temporary
rule implements the post-season AM to reduce the fishing season for the
recreational snowy grouper component of the snapper-grouper fishery in
2013. As a result, the recreational sector for snowy grouper will be
closed effective 12:01 a.m., local time May 31, 2013.
During the closure, the bag and possession limit for snowy grouper
in or from the South Atlantic exclusive economic zone is zero. The
recreational sector for snowy grouper will reopen on January 1, 2014,
the beginning of the 2014 recreational fishing season.
Classification
The Regional Administrator, Southeast Region, NMFS, (RA) has
determined this temporary rule is necessary for the conservation and
management of the South Atlantic snowy grouper component of the South
Atlantic snapper-grouper fishery and is consistent with the Magnuson-
Stevens Act, the FMP, and other applicable laws.
This action is taken under 50 CFR 622.193(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.
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 AMs
established by Amendment 17B to the FMP (75 FR 82280, December 30,
2010) and located at 50 CFR 622.193(b)(2) have already been subject to
notice and comment and authorize the AA to file a notification with the
Office of the Federal Register to reduce the duration of the
recreational fishing season the following fishing year if an ACL
overage occurs. All that remains is to notify the public of the reduced
recreational fishing season for snowy grouper for the 2013 fishing
year. Additionally, there is a need to immediately notify the public of
the reduced recreational fishing season for snowy grouper for the 2013
fishing year, to prevent snowy grouper recreational harvest from
further exceeding the ACL, which will help protect the South Atlantic
snowy
[[Page 30780]]
grouper resource. Also, providing prior notice and opportunity for
public comment on this action would be contrary to the public interest
because many of those affected by the length of the recreational
fishing season, particularly charter vessel and headboat operations,
book trips for clients in advance and, therefore need as much time as
possible to adjust business plans to account for the reduced
recreational fishing season.
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 20, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-12321 Filed 5-22-13; 8:45 am]
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