[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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