[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Pages 32496-32497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13014]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3608-02]
RIN 0648-XD307
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2014 Limited Commercial and Recreational Fishing Seasons for Red
Snapper in the Southern Atlantic States
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; limited fishing seasons.
-----------------------------------------------------------------------
SUMMARY: NMFS has determined that limited commercial and recreational
fishing seasons can occur in 2014. Therefore, NMFS announces the
commercial and recreational annual catch limits (ACLs) for red snapper
in the South Atlantic exclusive economic zone (EEZ) for the 2014
fishing year, the opening and closing dates of the 2014 recreational
fishing season, and the opening date of the 2014 commercial fishing
season through this temporary rule. The 2014 commercial ACL is 50,994
lb (23,130 kg), gutted weight, and the 2014 recreational ACL is 22,576
fish. Based on NMFS projections, the recreational fishing season in
2014 will be open for three consecutive weekends, starting July 11,
2014, and consist of 3 days the first two weekends (Friday, Saturday,
Sunday) and 2 days the third weekend (Friday and Saturday). The
commercial fishing season in 2014 will open on July 14, 2014, and NMFS
will monitor commercial harvest in-season and close the commercial
sector when the commercial ACL is reached or projected to be reached by
filing an in-season closure notification with the Office of the Federal
Register. This temporary rule is necessary to announce the limited
fishing seasons for South Atlantic red snapper to provide socio-
economic benefits to snapper-grouper fishermen and communities that
utilize the red snapper resource while at the same time allowing red
snapper to rebuild to sustainable levels.
DATES: The 2014 recreational fishing season will open at 12:01 a.m. on
July 11, 2014, and close at 12:01 a.m. on July 14, 2014; open at 12:01
a.m. on July 18, 2014, and close at 12:01 a.m. on July 21, 2014; and
open at 12:01 a.m. on July 25, 2014, and close at 12:01 a.m. on July
27, 2014. The 2014 commercial fishing season will open at 12:01 a.m. on
July 14, 2014, and remain open until NMFS publishes an in-season
closure notification in the Federal Register.
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 red snapper, is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (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).
On July 24, 2013, NMFS published a final rule to implement
Amendment 28 to the FMP (78 FR 44461). In part, the final rule for
Amendment 28 to the FMP established a process for setting commercial
and recreational ACLs and determining whether limited commercial and
recreational fishing seasons for red snapper in or from the South
Atlantic EEZ can occur during a given fishing year. That final rule
also implemented accountability measures (AMs) for South Atlantic red
snapper, if limited fishing seasons are allowed in a fishing year,
including setting a season length for the recreational sector and
implementing an in-season closure when the commercial ACL is reached or
projected to be reached. The final rule for Amendment 28 to the FMP
also implemented a 75-lb (34-kg) commercial trip limit during the
limited commercial fishing season and a 1-fish per person recreational
bag limit during the limited recreational fishing season.
Red Snapper Harvest in 2014
NMFS used the formulas established in Amendment 28 to the FMP to
determine if harvest of red snapper could occur in 2014. In accordance
with 50 CFR 622.193(y), the total removals (landings plus dead
discards) for 2013 were compared to the 2013 ABC to determine if the
ABC was exceeded and thus whether the ACL for 2014 could be set greater
than zero. In 2013, total removals equaled 72,881 fish. Because the
2013 total removals for red snapper are less than the 2013 ABC of
96,000 fish, NMFS has determined that the ACL for 2014 can be set
greater than zero and that limited commercial and recreational fishing
seasons may be established in 2014.
NMFS has determined that the 2014 total ACL for red snapper in the
South Atlantic EEZ is 31,386 fish. Based on the current allocation
ratio for red snapper (28.07 percent commercial and 71.93 percent
recreational), the 2014 commercial ACL is 50,994 lb (23,130 kg), gutted
weight, and the 2014 recreational ACL is 22,576 fish. For details
regarding the calculation of the commercial and recreational ACLs and
the recreational season length, please see SERO-LAPP-2014-06 ``2014
South Atlantic Red Snapper Annual Catch Limits and Recreational Season
Length Projection'', which can be found at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/documents/pdfs/sa_rs_acl_season_projections.pdf.
NMFS has determined the length of the recreational fishing season
for 2014. The recreational fishing season will be open for three
weekends consisting of 3 days the first two weekends (Friday, Saturday,
Sunday) and 2 days the third weekend (Friday and Saturday). The
recreational fishing season for red snapper in the South Atlantic EEZ
will open at 12:01 a.m. on July 11, 2014, and close at 12:01 a.m. on
July 14, 2014; open at 12:01 a.m. on July 18, 2014, and close at 12:01
a.m. on July 21, 2014; and open at 12:01 a.m. on July 25, 2014, and
close at 12:01 a.m. on July 27, 2014. After the recreational sector
closes, both harvest and possession of red snapper under the bag limit
are prohibited.
NMFS has determined that the 2014 commercial fishing season for red
snapper in the South Atlantic EEZ will open at 12:01 a.m. on July 14,
2014, and NMFS will monitor commercial harvest in-season and close the
commercial sector when the commercial ACL is reached or projected to be
reached by filing an in-season closure notification with the Office of
the Federal Register. After the commercial sector closes, both sale and
purchase of red snapper in or from the South Atlantic EEZ are
prohibited. When the recreational and commercial sectors are closed,
all harvest and all possession of red snapper in the South Atlantic EEZ
will be prohibited.
In accordance with 50 CFR 622.183(b)(5), if the Regional
Administrator, Southeast Region, NMFS, (RA) determines tropical storm
or hurricane conditions exist, or are projected to exist, in the South
Atlantic, during the 2014 commercial or recreational fishing season,
the RA may
[[Page 32497]]
modify the opening and closing dates of the fishing season by filing a
notification to that effect with the Office of the Federal Register,
and announcing via NOAA Weather Radio and a Fishery Bulletin any change
in the dates of the red snapper commercial or recreational fishing
season.
Classification
The RA has determined this temporary rule is necessary for the
conservation and management of the South Atlantic red snapper 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(y) 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 28 to the FMP (78 FR 44461, July 24, 2013) and
located at 50 CFR 622.193(y) have already been subject to notice and
comment and authorize the AA to file a notification with the Office of
the Federal Register to use the established process for determining
whether limited commercial and recreational fishing seasons for red
snapper in the South Atlantic EEZ can occur during a given fishing year
and to set commercial and recreational ACLs for red snapper during
limited fishing seasons. All that remains is to notify the public of
the length of the recreational fishing season, the commercial fishing
season start date, and the commercial and recreational ACLs for red
snapper for the 2014 fishing year. Additionally, there is a need to
immediately notify the public of the fishing seasons for red snapper
for the 2014 fishing year, to allow time for commercial and
recreational businesses to plan their seasons. For example, 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 recreational fishing season. The commercial sector also
needs to be able to plan and purchase supplies for the commercial
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 30, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-13014 Filed 6-2-14; 4:15 pm]
BILLING CODE 3510-22-P