[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54668-54669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21765]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2081-04]
RIN 0648-XD479


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Extension of the 2014 Gulf of 
Mexico Recreational Red Grouper Season

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

ACTION: Temporary rule; extension.

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SUMMARY: NMFS extends the recreational fishing season for the red 
grouper component of the reef fish fishery in the exclusive economic 
zone (EEZ) of the Gulf of Mexico (Gulf) for the 2014 fishing year 
through this temporary rule. On April 30, 2014, NMFS published a 
temporary rule to implement accountability measures and a closure for 
the recreational sector for red grouper. That temporary rule reduced 
the red grouper bag limit in the Gulf EEZ to three fish (within the 
current four-fish grouper aggregate bag limit) and announced a 
recreational fishing season closure date of September 16, 2014, based 
on a recreational annual catch limit (ACL) overage in 2013 and the 
reduced bag limit. However, using updated landings information from 
2014, NMFS has determined that the recreational fishing season for red 
grouper may be extended for an additional 18 days. The purpose of this 
action is to provide fishermen the opportunity to harvest the 
recreational annual catch target (ACT) for Gulf red grouper, and the 
opportunity to achieve the optimum yield for the fishery, thus

[[Page 54669]]

enhancing social and economic benefits to the fishery.

DATES: The extension is effective 12:01 a.m., local time, September 16, 
2014, until 12:01 a.m., local time, October 4, 2014. The season will 
then be closed until it reopens on January 1, 2015, the beginning of 
the 2015 recreational fishing season, unless further notification is 
published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional 
Office, telephone 727-824-5305, email [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which 
includes red grouper, 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 through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). All weights specified in this rule are 
gutted weight.
    The Gulf red grouper recreational ACL is 1,900,000 lb (861,826 kg), 
and the recreational ACT is 1,730,000 lb (784,715 kg), as specified in 
50 CFR 622.41(e)(2)(iv). The recreational ACL and ACT for red grouper 
were implemented through Amendment 32 to the FMP (77 FR 6988, February 
10, 2012). Red grouper are not overfished, based on the most recent 
Status of U.S. Fisheries Report to Congress.
    NMFS determined that the 2013 recreational landings exceeded the 
2013 recreational ACL of 1,900,000 lb (861,826 kg) by 492,113 lb 
(223,219 kg) and implemented post-season AMs through a temporary rule 
published on April 30, 2014 (79 FR 24353). In accordance with 
regulations at 50 CFR 622.41(e)(2)(ii), that temporary rule reduced the 
bag limit for Gulf red grouper from four to three fish (within the 
four-fish grouper aggregate bag limit) and reduced the recreational 
fishing season for Gulf red grouper for the 2014 fishing year to ensure 
landings do not exceed the recreational ACT.
    NMFS now has updated landings data for recreational red grouper for 
the 2014 fishing year and has determined that landings were less than 
projected. Therefore, NMFS is extending the recreational fishing season 
for red grouper through this temporary rule. The extension is effective 
12:01 a.m., local time, September 16, 2014, until 12:01 a.m., local 
time, October 4, 2014. The season will then be closed until it reopens 
on January 1, 2015, the beginning of the 2015 recreational fishing 
season, unless further notification is published in the Federal 
Register.
    During the recreational sector closure, the bag and possession 
limit for red grouper in or from the Gulf EEZ is zero. This bag and 
possession limit applies in the Gulf on board a vessel for which a 
valid Federal charter vessel/headboat permit for Gulf reef fish has 
been issued, without regard to where such species were harvested, i.e. 
in state or Federal waters.
    The recreational sector for red grouper will reopen on January 1, 
2015, the beginning of the 2015 recreational fishing season. The 2015 
bag limit for red grouper will return to four fish, as specified at 50 
CFR 622.38(b)(2), unless AMs are implemented due to a recreational ACL 
overage in 2014, or the Council takes subsequent regulatory action to 
adjust the bag limit.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Gulf red grouper and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.41(e)(2)(ii) 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 
final rule for Amendment 32 to the FMP (77 FR 6988, February 10, 2012) 
that established the recreational ACL, ACT, and AMs has already been 
subject to notice and comment, and all that remains is to notify the 
public that additional harvest remains on the established recreational 
ACT and, therefore, the recreational fishing season for Gulf red 
grouper will be extended for 18 additional days.
    This rule relieves a restriction by extending the recreational 
fishing season for red grouper. Because it relieves a restriction, this 
rule is not subject to the 30-day delayed effectiveness provision of 5 
U.S.C. 553(d)(1).

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

    Dated: September 8, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-21765 Filed 9-9-14; 4:15 pm]
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