[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34586-34587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13680]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130212129-3474-02]
RIN 0648-XC715
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; Adjusted Closure of the 2013
Gulf of Mexico Recreational Sector 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 an adjusted closure of the recreational sector
for red snapper in the exclusive economic zone (EEZ) of the Gulf of
Mexico (Gulf) for the 2013 fishing season through this temporary rule.
On May 31, 2013, the U.S. District Court for the southern district of
Texas, Brownsville Division, set aside a March 25, 2013, emergency rule
that gave the NMFS Regional Administrator the authority to close the
recreational sector for red snapper in the EEZ off individual Gulf
states. Therefore, NMFS adjusts the closure of the recreational sector
for red snapper by closing the entire Gulf EEZ on June 29, 2013,
instead of closing the EEZ on different days off individual Gulf
states. This Gulf-wide EEZ closure is based on the Court decision and
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, June 29, 2013,
until 12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727-824-5305,
email [email protected].
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.
Background
On March 25, 2013, NMFS implemented an emergency rule to authorize
the NMFS Regional Administrator to set the closure date of the red
snapper recreational fishing season in the exclusive economic zone
(EEZ) off individual states (78 FR 17882). This was intended to
compensate for the additional harvest of red snapper by the
recreational sector during less restrictive state-water seasons off
certain states. On May 31, 2013, the U.S. District Court for the
southern district of Texas, Brownsville Division, set aside this
emergency rule. Therefore, the closure of the recreational sector for
red snapper for the 2013 fishing year is adjusted so that the Federal
recreational red snapper season is consistent across all Gulf states.
Taking into account the catches expected later in 2013 during the
extended state-water seasons off Texas, Louisiana, and Florida, and the
increased quota published in a final rule
[[Page 34587]]
on May 29, 2013 (78 FR 32179), NMFS projects the recreational red
snapper quota of 4.145 million lb (1.880 million kg), round weight (50
CFR 622.39(a)(2)(i)), to be harvested in 28 days. Therefore, NMFS
closes the recreational sector for red snapper in the entire Gulf EEZ
at 12:01 a.m., local time, June 29, 2013. The closure dates off
individual Gulf states that published in the final rule on May 29, 2013
(78 FR 32179) are therefore no longer in effect.
During the Gulf-wide EEZ 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 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
adjusted closure. Such procedures are contrary to the public interest
because the recreational fishing season opened 1 day after the Court
set aside the emergency rule authorizing state specific EEZ closures,
and the quota is projected to be reached quickly. Providing prior
notice and opportunity for public comment on this action would also 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 adjusted 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: June 5, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-13680 Filed 6-5-13; 4:15 pm]
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