[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57313-57318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22701]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130627573-3796-02]
RIN 0648-BD39


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Red Snapper Management 
Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement management measures 
described in a framework action to the Fishery Management Plan for the 
Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the 
Gulf of Mexico Fishery Management Council (Council). This rule 
increases the 2013 commercial and recreational quotas for red snapper 
in the Gulf of Mexico (Gulf) reef fish fishery and re-opens the red 
snapper recreational season for 2013. This final rule is intended to 
allow increased harvest of Gulf red snapper without increasing the risk 
of red snapper experiencing overfishing or jeopardizing the rebuilding 
plan.

[[Page 57314]]


DATES: This rule is effective October 1, 2013.

ADDRESSES: Electronic copies of the framework action, which includes an 
environmental assessment, a regulatory impact review, and a Regulatory 
Flexibility Act analysis may be obtained from the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/rs_tac_framework/index.html.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, Southeast Regional 
Office, NMFS, telephone 727-824-5305; email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the FMP. The Council prepared the FMP and NMFS 
implements the FMP through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On August 14, 2013, NMFS published a proposed rule for the 
framework action and requested public comment (78 FR 49440). The 
proposed rule and the framework action outline the rationale for the 
actions contained in this final rule. A summary of the actions 
implemented by this final rule is provided below.
    Through this final rule, NMFS sets the commercial quota for red 
snapper at 5.610 million lb (2.545 million kg), round weight, and the 
recreational quota at 5.390 million lb (2.445 million kg), round 
weight. NMFS also re-opens the recreational fishing season for red 
snapper in the Gulf EEZ beginning October 1.
    In the proposed rule for this action, NMFS explained that the 
Council's Scientific and Statistical Committee (SSC) would meet in 
August 2013 to review the new projections for red snapper, and was 
expected to provide new acceptable biological catches (ABCs) based on a 
constant catch scenario. The SSC did meet in August 2013 and provided 
the following updated ABCs: 13.5 million lb (6.1 million kg), round 
weight, for the 2013 fishing year, 12.8 million lb (5.8 million kg), 
round weight, for the 2014 fishing year, and 11.5 million lb (5.2 
million kg), round weight, for the 2015 fishing year. These ABCs are 
based on a scenario that assumes constant catches of 11.0 million lb 
(5.0 million kg), round weight, for the 2013 and 2014 fishing years. If 
the allowable catch remained at 11.0 million lb (5.0 million kg), round 
weight, in 2015, the allowable catch would not exceed the new ABC set 
for the 2015 fishing year.
    Through this final rule, the red snapper commercial quota increases 
by 1.295 million lb (587,402 kg), round weight. This increase will be 
distributed to Gulf red snapper individual fishing quota (IFQ) 
shareholders on or shortly after October 1, 2013.
    The recreational quota increases by 1.245 million lb (564,723 kg), 
round weight. Under 50 CFR 622.34(b), the red snapper recreational 
fishing season opens each year on June 1 and closes when the 
recreational quota is projected to be reached. Prior to June 1 each 
year, NMFS projects the closing date based on the previous year's data, 
and notifies the public of the closing date for the upcoming season. If 
subsequent data indicate that the quota has not been reached by that 
closing date, NMFS may re-open the season.
    NMFS projected the 2013 recreational quota of 4.145 million lb 
(1.880 million kg), round weight, would be met by June 29, 2013. 
Preliminary catch estimates produced by the Marine Recreational 
Information Program (MRIP)--using new methodology for the June season--
are unexpectedly high relative to previous years, indicating the 
private and for-hire components of the recreational sector landed 5.8 
million lb (2.631 million kg), round weight. Landings available through 
June, including both MRIP and headboat landings, total 6.13 million lb 
(2.781 million kg), round weight. The original quota, which was 
developed using the prior methodology, was 4.145 million-lb (1.880 
million-kg), round weight. It is misleading to make a direct comparison 
between these numbers, however, because if the new MRIP methodology had 
been available to use in the 2013 stock assessment on which the current 
ABCs and quotas are based, then the original quotas may have been set 
much higher.
    Overall, the new MRIP catch estimates are more accurate and less 
biased than those produced in past years because MRIP redesigned the 
Access Point Angler Intercept Survey in March 2013 to provide better 
coverage of the variety of fishing trips ending at different times of 
day. However, the new estimates only cover a single month long season, 
and if the new survey methodology indeed eliminated past biases, then 
the new estimates may not be directly comparable to the 2013 quota or 
other red snapper management reference points, which were based on 
historical catch estimates using years of data and the prior 
methodology. The proportion of the catch increase that may be 
attributed to improving the geographic and temporal coverage of 
sampling under the new survey methodology versus the proportion that 
may be due to a true increase in landings has not been determined. 
Additionally, MRIP, which estimates catches of many species, produces 
estimates more accurately over longer time frames and larger geographic 
areas than what is currently available for recreational red snapper 
management.
    At this time, NMFS does not have a sufficient understanding of how 
to use the new MRIP landing estimates without better understanding how 
they fit into the broader scientific basis for red snapper management, 
which includes the stock assessment and the full historical times 
series of fishery-dependent and fishery-independent data. Evaluations 
are underway to better understand the relative contribution of the 
methodology change versus true shifts in angler behavior and landings 
to the unexpectedly high estimates for this year. This evaluation is 
still underway and will not be completed in time to be used for 
decisions on the season length of the October recreational red snapper 
season. NMFS plans to thoroughly evaluate this issue in the update 
assessment to be completed in early 2015. In the interim, the Southeast 
Fisheries Science Center (SEFSC) has determined that the best 
scientific information available to determine landings during the June 
season is the projection used to set the season length. This projection 
estimated that the 4.145-million lb (1.880-million kg), round weight, 
quota would be landed during the 28-day season.
    Available data show a small increase in fishing effort Gulf-wide, 
no significant changes in catch rates, and an average size of red 
snapper for 2013 consistent with the projections. Additionally, 
headboat landings through June 2013 are slightly less than landings 
through June 2012. Therefore, NMFS has determined the best scientific 
information available on which to base a decision whether or not to 
proceed with a fall season is the analysis projecting the number of 
days available for a supplemental season with the 1.245 million-lb 
(564,723-kg), round weight, increase in the recreational quota. There 
is uncertainty in the projection, because it is based on assumptions 
about effort levels, catch-per-unit effort, and average weights for 
landed fish. Because the SEFSC could not verify these assumptions with 
actual estimates, due to the issues outlined above, they recommend that 
this uncertainty be factored into decisions about season length for the 
fall season.
    The 21 days originally projected for the supplemental season were 
based on assuming catch rates (landings per day)

[[Page 57315]]

during fall would be 50 percent less than the catch rates projected for 
summer. However, during public testimony at the Council's August 2013 
meeting, for-hire business owners indicated they were booked for the 
supplemental season. Additionally, comments received on the proposed 
rule indicated many private anglers were planning fishing trips during 
October, leading NMFS to determine there may be greater participation 
during this fall than might be expected based on previous years. Given 
questions about the new data, the past performance of the fishery, the 
increase in fishing effort in June, and the expectation of higher than 
normal effort during the fall, NMFS prefers to be cautious in deciding 
for how long to re-open the recreational fishing season. It would not 
be realistic to assume fall catch rates will be the same as in the 
summer, due to children being in school, the possibility of inclement 
weather, and other recreational opportunities available to the public, 
such as hunting and football. Therefore, catch rates for fall are 
assumed to be 75 percent of summer catch rates, which allows for 14 
days of fishing.
    Based on the increase in the recreational quota implemented by this 
final rule and the analysis of the fall catch rates, NMFS has 
determined that the recreational sector may re-open for an additional 
14 days. The method for calculating this fall season length can be 
found in SERO-LAPP-2013-05 at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2013/rs_tac_framework/documents/pdfs/gulf_rs_fall_season.pdf. NMFS will re-open the recreational 
fishing season at 12:01 a.m., October 1, 2013, as approved by the 
Council. NMFS will close recreational harvest of red snapper in the 
Gulf EEZ at 12:01 a.m., local time, October 15, 2013, and it will 
remain closed until the start of the next fishing season. During the 
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.

Comments and Responses

    NMFS received a total of 78 public comments on the proposed rule; 4 
from organizations and the rest were from individuals. Fourteen 
commenters submitted suggestions for the reef fish fishery that were 
outside the scope of the framework and the proposed rule, including 
comments related to other aspects of red snapper management such as 
changing the size limit, reallocation between sectors, regional 
management, increasing the bag limit, establishing a split recreational 
season, establishing a charter IFQ program, changing the dates of the 
regular recreational season, and establishing a recreational tag 
system. Two comments expressed general support for the rule. Specific 
comments related to the actions contained in the framework and the 
proposed rule as well as NMFS' respective responses are summarized 
below.
    Comment 1: Many commenters supported increasing the allowable catch 
to 11.0 million lb (5.0 million kg). Most described seeing more red 
snapper than ever before. Some support a conservative approach to 
developing the recommended allowable catch with a goal of trying to 
stabilize the seasonal fishing opportunities.
    Response: NMFS agrees with the Council's decision to increase the 
allowable catch to 11.0 million lb (5.0 million kg), round weight. The 
Council's decision was based on a new stock assessment and is intended 
to allow the greatest increase in the commercial and recreational 
quotas while ensuring constant or increasing quotas for at least the 
next 3 years.
    Comment 2: Two commenters supported increasing the quota, but felt 
the increase is too conservative and could be much more.
    Response: NMFS disagrees that the Council should have selected an 
allowable catch that is greater than 11.0 million lb (5.0 million kg), 
round weight. The Council considered alternatives that would have set 
the 2013 allowable catch greater than 11.0 million lb (5.0 million kg), 
round weight, but would have then required a decrease in the allowable 
catch for 2014 and 2015. During public testimony at Council meetings, a 
majority of stakeholders supported setting management measures that 
would bring stability to both the commercial and recreational sectors. 
The Council agreed with stakeholders that a constant catch strategy 
would provide the greatest economic benefit over the next 3 years, and 
determined that by foregoing some catch in 2013, higher allowable 
catches could be set for 2014 and 2015, and catch could be held 
relatively constant.
    Comment 3: Two commenters supported the allowable catch increase 
only for 1 year. They believe this to be important because Amendment 28 
to the FMP includes a review of the red snapper allocation between the 
commercial and recreational sectors and if the Council and NMFS 
determine an adjustment of the sector allocation is necessary, the 
allowable catch could be divided up differently in subsequent years.
    Response: NMFS does not agree that it is necessary to limit the 
increase to 1 year. Since 2010, the allowable catches for red snapper 
have increased annually. Through each rulemaking to revise the red 
snapper allowable catches, the allowable catch increases were set 
without a time limit; however, the Council may change the allowable 
catches at any time in response to new information. The Council is 
currently developing Amendment 28 to the FMP and will determine if 
revising the allocation between the sectors is appropriate. Setting the 
allowable catch at 11.0 million lb (5.0 million kg), round weight, for 
consecutive fishing years does not preclude the Council from changing 
the allocation during that time period.
    Comment 4: Some commenters supported increasing the allowable 
catch, but felt the total increase should go to the recreational 
sector.
    Response: Allocation of the allowable catch between the commercial 
and recreational sectors was established in Amendment 1 to the FMP (55 
FR 2078, January 22, 1990). As stated above, the Council is considering 
reallocation of the allowable catch between the sectors in Amendment 28 
to the FMP. Until a change is made to the FMP, the allowable catch will 
continue to be allocated with 49 percent to the recreational sector and 
51 percent to commercial sector.
    Comment 5: Two commenters supported increasing the commercial and 
recreational quotas, but recommended the Council apply the guidance in 
its ACL/ACT control rule directly to each sector, providing commercial 
and recreational management buffers of 0 percent and 15-20 percent, 
respectively. The commenters stated that the failure to include 
meaningful accountability measures for the recreational sector, 
including a buffer specific to the recreational sector, ignores the 
history of overharvesting in the recreational sector. This will result 
in another de facto reallocation from the commercial to the 
recreational sector that is inconsistent with the apportionment between 
those sectors as established by the FMP.
    Response: NMFS disagrees that the Council should have applied the 
ACL/ACT control rule and set an ACT 15-20 percent below the 
recreational quota. Although the recreational quota has been exceeded 
in prior years, the Council determined that applying the buffer 
recommended by the control rule

[[Page 57316]]

was not necessary to ensure that the adjusted 2013 recreational quota 
is not exceeded. NMFS agrees with the Council's determination. The 
decision on a 2013 fall recreational season was based on projections of 
how many days would be needed to harvest the additional 1.245 million 
lb (564,723 million kg), round weight. The projections used biological 
data and landings that are more updated than what was used for 
projections in prior years and are based on more robust models. 
Recreational red snapper harvest rates and average sizes have been 
changing rapidly in response to stock rebuilding. Past projections 
underestimated average fish weights and daily angler catch rates, 
resulting in projections overestimating the number of days necessary to 
harvest the recreational quota. Projection models were improved this 
year to account for rapidly increasing angler catch rates and fish 
weights. This is supported by data from the June season showing that 
average red snapper weights were not significantly different than those 
used in the projections.
    Additionally, the most recent assessment indicates the population 
growth rate is slowing, and appears to be stabilizing in terms of 
recruitment and fish size. Because the red snapper population appears 
to be stabilizing and the 2013 projection model is more robust and 
contains more updated data, NMFS expects the projections to more 
accurately predict the number of days needed to harvest the additional 
recreational quota. In addition, NMFS has acted conservatively and 
determined that the fall season should open for only 14-days as opposed 
to the 21-days originally projected. This will further help ensure that 
the recreational harvest is constrained to the quota.
    Comment 6: Some commenters did not believe the data used for 
decisions on red snapper management were appropriate; however, none of 
these commenters concluded with support or opposition to the proposed 
allowable catch increase. Most commenters felt that the population is 
healthier and in greater numbers than what NMFS data show. Some also 
believe the average size of red snapper is getting larger.
    Response: In 2013, a benchmark assessment (SEDAR 31) was completed 
for Gulf red snapper. Stock assessment procedures involve a wide 
variety of interest groups such as fishermen, dealers, and 
environmental groups, as well as fishery scientists, to ensure the 
assessment is based on the best available scientific information and 
methodologies. SEDAR 31 shows that red snapper numbers and size are 
increasing and that red snapper are not undergoing overfishing, but 
that red snapper remains overfished. However, the assessment also 
indicates that adequate progress is being made to rebuild the stock to 
the target rebuilding level by 2032, the end of the rebuilding plan.
    Comment 7: Many commenters supported re-opening the recreational 
fishing season in October. An October season would restore the industry 
and attract fishermen from all over the southeast back to the Gulf 
coast region. They felt the current red snapper population could easily 
support the proposed October re-opening without damage to the fishery. 
Several stated that the weather was bad for sports fisherman during the 
early season, and very few days were fishable. Most felt that the 
result will be a positive economic impact for every sector of the 
tourism industry and a welcome opportunity for loyal fishing visitors.
    Response: NMFS agrees that a re-opening of the recreational fishing 
season would have a positive benefit for anglers and communities. 
Increasing operating costs and the down-turn in the national economy 
have reduced business for for-hire vessel owners and support industries 
for private anglers (bait shops, etc.). Any additional opportunity for 
red snapper fishing should improve this situation. Because the quotas 
are consistent with the rebuilding plan for red snapper, the 
recreational sector can be re-opened without significant adverse 
impacts to the stock.
    Comment 8: Some commenters supported re-opening the recreational 
fishing season on weekends only or on weekends plus Fridays and/or 
Mondays. The majority of recreational fisherman work during the week 
and therefore cannot fish during the week. This would also lengthen the 
season so that storms and rough water conditions would not have such a 
devastating effect on the coastal economies.
    Response: The Council chose to hold the supplemental season on 
consecutive days after listening to public testimony at its July 2013 
meeting. Although the Council heard testimony in favor of both 
continuous and weekend-only seasons, the majority of participants 
preferred a continuous season beginning October 1. NMFS agrees that a 
continuous season allows for more total days of fishing because effort 
is lower during weekdays, and provides opportunity for people who fish 
on week days as well as those that fish on weekends.
    Comment 9: Two commenters stated that the economic discussion in 
the proposed rule failed to provide adequate analysis of the economic 
effects on private anglers and shore-side businesses associated with 
private recreational fishing.
    Response: The economic effects on private anglers and the shore-
side businesses associated with private recreational fishing are not 
discussed in the proposed rule because the information on the expected 
economic effects provided in the proposed rule was limited to the 
requirements of the Regulatory Flexibility Act (RFA). The RFA requires 
an analysis of anticipated economic impacts on small entities that are 
directly regulated. Private anglers are not considered small entities 
under the RFA and the shore-side businesses associated with private 
recreational angling are not being directly regulated by the rule. The 
economic impacts on private anglers and the shore-side businesses 
associated with private recreational fishing were evaluated in the 
framework action, which, as noted in the proposed rule, is available on 
the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this final rule is necessary for the conservation and management 
of red snapper and is consistent with the framework action, the FMP, 
the Magnuson-Stevens Act and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule, if adopted, would not have a significant 
adverse economic impact on a substantial number of small entities. The 
factual basis for this determination is as follows:
    This rule is expected to directly affect commercial and for-hire 
vessels that harvest red snapper. In addition to needing red snapper 
IFQ allocation, a commercial reef fish permit is required to sell red 
snapper and to harvest red snapper in excess of the bag limit in the 
Gulf EEZ. An estimated 888 vessels possess a valid (non-expired) or 
renewable commercial reef fish permit. A renewable permit is an expired 
permit that may not be actively fished, but is renewable for up to 1 
year after permit expiration. However, over the period 2007-2011, an 
average of only 333 vessels per year recorded commercial harvests of 
red snapper. As a result, for

[[Page 57317]]

the purpose of this assessment, the number of potentially affected 
commercial vessels is estimated to range from 333-888. The average 
commercial vessel in the Gulf reef fish fishery is estimated to earn 
approximately $50,000 (2011 dollars) in annual gross revenue, while the 
average commercial vessel with red snapper landings is estimated to 
earn approximately $96,000 in annual gross revenue.
    A Federal reef fish for-hire vessel permit is required for for-hire 
vessels to harvest red snapper in the Gulf EEZ. On June 24, 2013, 1,353 
vessels had a valid or renewable reef fish for-hire permit. The for-
hire fleet is comprised of charter vessels, which charge a fee on a 
per-vessel basis, and headboats, which charge a fee on an individual 
angler (head) basis. Although the for-hire permit application collects 
information on the primary method of operation, the resultant permit 
itself does not identify the permitted vessel as either a headboat or a 
charter vessel, operation as either a headboat or charter vessel is not 
restricted by the permitting regulations, and vessels may operate in 
both capacities. However, only federally permitted headboats are 
required to submit harvest and effort information to the NMFS Southeast 
Region Headboat Survey (SRHS). Participation in the SRHS is based on 
determination by the NMFS Southeast Fisheries Science Center that the 
vessel primarily operates as a headboat. Seventy vessels were 
registered in the SHRS as of March 1, 2013. As a result, 1,283 of the 
vessels with a valid or renewable reef fish for-hire permit are 
expected to operate as charter vessels. The average charter vessel is 
estimated to earn approximately $80,000 (2011 dollars) in annual gross 
revenue and the average headboat is estimated to earn approximately 
$242,000 in annual gross revenue.
    NMFS has not identified any other small entities that will be 
directly affected by this rule.
    The Small Business Administration (SBA) has established size 
criteria for all major industry sectors in the U.S., including fish 
harvesters. A business involved in fish harvesting is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $19.0 million (NAICS code 
114111, finfish fishing) for all its affiliated operations worldwide. 
This receipts threshold is the result of a final rule issued by the SBA 
on June 20, 2013, that increased the size standard for Finfish Fishing 
from $4.0 to $19.0 million (78 FR 37398). The receipts threshold for a 
business involved in the for-hire fishing industry is $7.0 million 
(NAICS code 487210, fishing boat charter operation). This receipts 
threshold has not been changed as a result of recent review by the SBA. 
All commercial and for-hire vessels expected to be directly affected by 
this rule are believed to be small business entities.
    This rule will increase the red snapper commercial quota by 1.295 
million lb (587,402 kg), round weight, and the red snapper recreational 
quota by 1.245 million lb (564,723 kg), round weight. The increase in 
the commercial quota is expected to result in an increase in gross 
revenue (ex-vessel revenue minus the 3-percent cost recovery fee) for 
commercial vessels that harvest red snapper of approximately $4.81 
million (2011 dollars), or approximately $5,417-$14,444 per vessel 
($4.81 million/888 vessels = $5,417 per vessel; $4.81 million/333 
vessels = $14,444 per vessel). The expected range in the increase in 
gross revenue per vessel is equal to approximately 10.8 percent 
($5,417/$50,000) and 15.1 percent ($14,444/$96,000) increases in the 
average annual gross revenue per vessel, respectively.
    The increase in the recreational quota is expected to result in an 
increase in net operating revenue (gross revenue minus operating costs 
except for labor) for for-hire businesses of approximately $3.361 
million (2011 dollars) for charter vessels and approximately $3.765 
million for headboats. The projected increase in net operating revenue 
for charter vessels is equal to approximately $2,600 per vessel ($3.361 
million/1,283 vessels), or approximately 3.3 percent ($2,600/$80,000) 
of average annual gross revenue per vessel. For headboats, the 
projected increase in net operating revenue would be equal to 
approximately $53,800 per vessel ($3.765 million/70 vessels), or 
approximately 22.2 percent ($53,800/$242,000) of average annual gross 
revenue per vessel.
    The information provided above supports a determination that this 
rule will have beneficial effects on affected small entities, and 
therefore will not have a significant adverse economic impact on a 
substantial number of small entities. An initial regulatory flexibility 
analysis (IRFA) was prepared for the proposed rule, and the resultant 
analysis concluded the same finding of positive economic impacts. No 
challenge of this determination was received through public comment of 
the proposed rule. However, two comments on the proposed rule stated 
that the economic discussion failed to provide adequate analysis of the 
economic effects on private anglers and shore-side businesses 
associated with private recreational fishing. The economic effects of 
the proposed rule on these sectors were evaluated for and provided in 
the framework action. The economic effects on private anglers and the 
shore-side businesses associated with private recreational fishing are 
not discussed in the proposed rule because the information on the 
expected economic effects provided in the proposed rule was limited to 
the requirements of the RFA. The RFA requires an analysis of 
anticipated economic impacts on small entities that are directly 
regulated. Private anglers are not small entities under the RFA and the 
shore-side businesses associated with private recreational fishing are 
not being directly regulated by the rule. The economic impacts on 
private anglers and the shore-side businesses associated with private 
recreational fishing were evaluated in the framework action, which, as 
noted in the proposed rule, is available on the Southeast Regional 
Office Web site at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/index.html.
    No additional issues associated with the economic analysis 
contained in the proposed rule were raised through public comment. A 
summary of all the comments received is provided in the previous 
section of this preamble. No changes were made to this final rule as a 
result of these comments.
    Because this rule will have beneficial effects on affected small 
entities, a final regulatory flexibility analysis was not required or 
prepared. Copies of the RIR and IRFA are available (see ADDRESSES).
    The NOAA Assistant Administrator for Fisheries (AA) waives the 30-
day in effectiveness of the management measures contained in this final 
rule under 5 U.S.C. 553(d)(1) because it is a substantive rule that 
relieves a restriction on the regulated community. The AA also finds 
good cause to waive the 30-day delay in effectiveness under 5 U.S.C. 
553(d)(3) because it would be contrary to the public interest. The 
Council voted at its July Council meeting to re-open the recreational 
red snapper fishing season on October 1, 2013, if NMFS determined that 
additional harvest was available. The Council intended to provide 
recreational red snapper fishermen as much advanced notice as possible 
in order to plan their business practices for a fall re-opening. 
Because NMFS has determined that additional harvest of red snapper is 
available for the 2013 fishing year, re-opening recreational

[[Page 57318]]

harvest on October 1, 2013, is necessary. In addition, some fishermen 
have already booked their fishing trips for an October 1 re-opening and 
planned their business practices accordingly. Therefore, if NMFS were 
to delay the effectiveness of this final rule to a date after October 
1, 2013, those trips would need to be re-booked and fishing 
opportunities could be foregone. This could cause confusion among 
fishermen, disrupt their business plans, and cause them to incur 
additional expenses.
    Further, this rule provides benefits to the public because it 
increases commercial and recreational quotas for Gulf red snapper and 
it will benefit fishermen to realize these increases without delay. The 
commercial sector will realize these increases through additional 
shares and allocation towards their IFQs and the recreational sector 
will realize these increases in additional fishing days. This final 
rule provides fishermen the opportunity to harvest additional red 
snapper without jeopardizing the rebuilding plan. For all of these 
reasons, the AA waives the 30-day delay in effectiveness of this final 
rule.

List of Subjects in 50 CFR Part 622

    Fisheries, Fishing, Gulf, Quotas, Red Snapper.

    Dated: September 12, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH 
ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  622.39, paragraphs (a)(1)(i) and (a)(2)(i) are revised to 
read as follows:


Sec.  622.39  Quotas.

* * * * *
    (a) * * *
    (1) * * *
    (i) Commercial quota for red snapper--5.610 million lb (1.957 
million kg), round weight.
* * * * *
    (2) * * *
    (i) Recreational quota for red snapper--5.390 million lb (1.880 
million kg), round weight.
* * * * *

[FR Doc. 2013-22701 Filed 9-13-13; 4:15 pm]
BILLING CODE 3510-22-P