[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72583-72584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28907]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217097-1757-02]
RIN 0648-XC981
Reef Fish Fishery of the Gulf of Mexico; 2013 Accountability
Measure and Closure for Hogfish in the Gulf of Mexico
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
commercial and recreational sectors for hogfish in the exclusive
economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2013 fishing
year through this temporary final rule. Based on the commercial and
recreational landings, NMFS determined that the stock (commercial and
recreational) annual catch limit (ACL) for Gulf hogfish has been
reached. Therefore, NMFS closes the commercial and recreational sectors
for hogfish in the Gulf EEZ at 12:01 a.m., local time, December 2,
2013, until January 1, 2014. This closure is necessary to protect the
Gulf hogfish resource.
DATES: This rule is effective 12:01 a.m., local time on December 2,
2013, until 12:01 a.m., local time on January 1, 2014, unless changed
by subsequent notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, telephone 727-824-5305, email [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which
includes hogfish, is managed under the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP). The Reef
Fish FMP was prepared by the Gulf of Mexico Fishery Management Council
(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).
On December 29, 2011, NMFS published the final rule for the Generic
Annual Catch Limits/Accountability Measures Amendment to the Red Drum,
Reef Fish Resources, Shrimp, and Coral and Coral Reefs Fishery
Management Plans for the Gulf of Mexico (Generic ACL Amendment; 76 FR
82044) as prepared and submitted by the Council. This final rule, in
part, implemented changes to the Reef Fish FMP, including setting a
stock ACL and implementing AMs for Gulf hogfish.
The Gulf hogfish stock ACL is 208,000 lb (94,347 kg), round weight,
as specified in 50 CFR 622.41(p).
In accordance with regulations at 50 CFR 622.41(p), if the sum of
commercial and recreational landings exceed the stock ACL in a fishing
year, then if the stock ACL is again reached or projected to be reached
in the following fishing year, NMFS is required to close the commercial
and recreational sectors for hogfish for the remainder of that
following fishing year. NMFS determined that the stock ACL for Gulf
hogfish was exceeded in the 2012 fishing year. Based on 2013 commercial
and recreational landings, NMFS has determined that the stock ACL of
208,000 lb (94,347 kg), round weight, for Gulf hogfish has been reached
for the 2013 fishing year. Therefore, NMFS implements the in-season AM
and the commercial and recreational harvest of Gulf hogfish will close
at 12:01 a.m., local time on December 2, 2013, until 12:01 a.m., local
time on January 1, 2014.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Gulf hogfish and is consistent with the Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR 622.41(p) 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.
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 because such procedures are unnecessary. The AMs
state that NMFS will file a notification with the Office of the Federal
Register to close the commercial and recreational sectors for Gulf
hogfish for the remainder of the fishing year if landings reach or are
projected to reach the stock ACL specified in 50 CFR 622.41(p) in the
year following an overage of the hogfish stock ACL. All that remains is
to notify the public of the reduced fishing season
[[Page 72584]]
for hogfish for the remainder of the fishing year.
Allowing prior notice and opportunity for public comment is
contrary to the public interest because of the need to immediately
implement this action to protect the hogfish resource. Any delay in the
closure could result in the stock ACL for hogfish being exceeded
further.
For the aforementioned reasons, the Assistant Administrator, NMFS,
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: November 27, 2013.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2013-28907 Filed 11-27-13; 4:15 pm]
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