[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Rules and Regulations]
[Pages 32995-32996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13048]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-XC671


Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational 
Accountability Measure and Closure for South Atlantic Golden Tilefish

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 golden tilefish in the South Atlantic for the 
2013 fishing year through this temporary rule. Recreational landings 
from 2012, as estimated by the Science and Research Director (SRD), 
exceeded the recreational annual catch limit (ACL) for golden tilefish. 
Furthermore, information from 2013 recreational landings indicate that 
landings are projected to reach the recreational ACL on June 3, 2013. 
To account for the 2012 ACL overage and to prevent an ACL overage in 
2013, NMFS closes the recreational sector for golden tilefish on June 
3, 2013. This closure is necessary to protect the golden tilefish 
resource.

DATES: This rule is effective 12:01 a.m., local time, June 3, 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 golden tilefish, 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 golden tilefish is 3,019 fish. In 
accordance with regulations at 50 CFR 622.193(a)(2), if recreational 
landings reach or are projected to reach the recreational ACL, the 
Assistant Administrator, NMFS (AA) will file a notification with the 
Office of the Federal Register to close the recreational sector for the 
remainder of the fishing year. If the recreational ACL is exceeded, 
then during the following fishing year, recreational landings will be 
monitored for a persistence in increased landings and, if necessary, 
the 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. Finalized landings data from the NMFS Southeast 
Fisheries Science Center indicate that the golden tilefish recreational 
ACL was exceeded by 560 fish in 2012. Landings information received 
thus far in 2013 indicate 2,985 golden tilefish have been caught and 
the recreational ACL of 3,019 fish is projected to be met on June 3, 
2013. Therefore, this temporary rule implements an AM to close the 
recreational golden tilefish component of the snapper-grouper fishery 
for the remainder of the 2013 fishing year. As a result, the 
recreational sector for golden tilefish will be closed effective 12:01 
a.m., local time June 3, 2013.
    During the closure, the bag and possession limit for golden 
tilefish in or from the South Atlantic exclusive economic zone is zero. 
The recreational sector for golden tilefish 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 golden tilefish component of the South 
Atlantic snapper-grouper fishery and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(a)(2) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility

[[Page 32996]]

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 Regulatory Amendment 12 to the FMP (77 FR 61295, October 
9, 2012) and located at 50 CFR 622.193(a)(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 close the recreational sector for 
the remainder of the fishing year if recreational landings reach or are 
projected to reach the recreational ACL. All that remains is to notify 
the public of the recreational closure for golden tilefish for the 
remainder of the 2013 fishing year. Additionally, there is a need to 
immediately notify the public of the reduced recreational fishing 
season for golden tilefish for the 2013 fishing year to prevent further 
golden tilefish recreational harvest and prevent the ACL from being 
exceeded, which will protect the South Atlantic golden tilefish 
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 29, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-13048 Filed 5-29-13; 4:15 pm]
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