[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]


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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.

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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