[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Pages 32497-32498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13069]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XD199


Snapper-Grouper Fishery of the South Atlantic; 2014 Recreational 
Accountability Measure and Closure for South Atlantic Snowy Grouper

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 for snowy grouper in the South Atlantic for the 
2014 fishing year through this temporary rule. Average recreational 
landings from 2011-2013 exceeded the recreational annual catch limit 
(ACL) for snowy grouper. To account for this overage, this rule reduces 
the length of the 2014 recreational fishing season. Therefore, NMFS 
closes the recreational sector for snowy grouper on June 7, 2014. This 
closure is necessary to protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, June 7, 2014, 
until 12:01 a.m., local time, January 1, 2015.

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 snowy grouper, 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.
    In 2013, NMFS published a temporary rule (78 FR 30779, May 23, 
2013) to implement the post-season AM to reduce the 2013 fishing season 
for the recreational snowy grouper component of the snapper-grouper 
fishery. As a result, the recreational sector for snowy grouper was 
closed May 31, 2013, until January 1, 2014.
    The recreational ACL for snowy grouper is 523 fish. In accordance 
with regulations at 50 CFR 622.193(b)(2), if the recreational ACL is 
exceeded, the Assistant Administrator, NMFS (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. The most recent 3-year running average of recreational 
landings is compared to the recreational ACL for snowy grouper, and for 
the 2014 fishing year, the average of 2011-2013 recreational landings 
is compared to the recreational ACL. Average landings from 2011-2013 
exceeded the 2013 ACL by 999 fish on average. Therefore, this temporary 
rule implements the post-season AM to reduce the fishing season for the 
recreational snowy grouper component of the snapper-grouper fishery in 
2014. As a result, the recreational sector for snowy grouper will be 
closed effective 12:01 a.m., local time June 7, 2014.
    During the closure, the bag and possession limit for snowy grouper 
in or from the South Atlantic exclusive economic zone is zero. The 
recreational sector for snowy grouper will reopen on January 1, 2015, 
the beginning of the 2015 recreational fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the South Atlantic snowy grouper 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(b)(2) 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 17B to the FMP (75 FR 82280, December 30, 
2010) and located

[[Page 32498]]

at 50 CFR 622.193(b)(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 reduce the duration of the recreational fishing 
season the following fishing year if an ACL overage occurs. All that 
remains is to notify the public of the reduced recreational fishing 
season for snowy grouper for the 2014 fishing year. Additionally, there 
is a need to immediately notify the public of the reduced recreational 
fishing season for snowy grouper for the 2014 fishing year, to prevent 
snowy grouper recreational harvest from further exceeding the ACL, 
which will help protect the South Atlantic snowy grouper 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: June 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-13069 Filed 6-2-14; 4:15 pm]
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