[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)]
[Rules and Regulations]
[Pages 21140-21141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09096]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140818679-5356-02]
RIN 0648-XF369


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2017 Recreational Fishing 
Seasons for Red Snapper in the Gulf of Mexico

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

ACTION: Temporary rule; closures.

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SUMMARY: NMFS announces the 2017 recreational fishing seasons for the 
private angling and Federal charter vessel/headboat (for-hire) 
components for red snapper in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) through this temporary rule. The Federal 
recreational season for red snapper in the Gulf EEZ begins at 12:01 
a.m., local time, on June 1, 2017. For recreational harvest by the 
private angling component, the season closes at 12:01 a.m., local time, 
on June 4, 2017. For recreational harvest by the Federal for-hire 
component, the season closes at 12:01 a.m., local time, on July 20, 
2017. These closures are necessary to prevent the private angling and 
Federal for-hire components from exceeding their respective quotas 
(annual catch limits (ACLs)) for the 2017 fishing year and to prevent 
overfishing of the Gulf red snapper resource.

DATES: The closure is effective at 12:01 a.m., local time, June 4, 
2017, until 12:01 a.m., local time, January 1, 2018, for the private 
angling component. The closure is effective at 12:01 a.m., local time, 
July 20, 2017, until 12:01 a.m., local time, January 1, 2018, for the 
Federal for-hire component. The 2018 Federal recreational fishing 
seasons for the respective components will begin on June 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, 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 and is implemented by NMFS 
under the authority of the Magnuson-Stevens

[[Page 21141]]

Fishery Conservation and Management Act (Magnuson-Stevens Act) by 
regulations at 50 CFR part 622.
    The final rule implementing Amendment 40 to the FMP established two 
components within the recreational sector fishing for Gulf red snapper: 
The private angling component and the Federal for-hire component (80 FR 
22422, April 22, 2015). Amendment 40 also allocated the red snapper 
recreational ACL (recreational quota) between the components and 
established separate seasonal closures for the two components. The 
recreational seasonal closures are projected from the component ACTs 
(set 20 percent less than the component quotas) to reduce the 
likelihood of harvests' exceeding the component quotas and the total 
recreational ACL.
    The final rule for Amendment 28 to the FMP revised the allocation 
between the commercial and recreational sectors for red snapper to be 
48.5 percent and 51.5 percent, respectively, and consequently revised 
quotas and ACTs for the private angling and for-hire components of the 
recreational sector (81 FR 25576, April 28, 2016). However, a decision 
in Guindon v. Pritzker, 2017 WL 875775 (D.D.C. March 3, 2017), vacated 
Amendment 28 and its implementing final rule. As a result, NMFS has 
projected the length of the recreational seasons based on the 
allocations, quotas, and ACTs in effect before promulgation of the 
Amendment 28 final rule. Those allocations are 51 percent for the 
commercial sector and 49 percent for the recreational sector, which 
results in a 2017 total recreational quota of 6,733,000 lb (3,054,037 
kg), round weight; a 2017 private angling quota and ACT of 3,885,000 lb 
(1,762,000 kg), round weight, and 3,108,000 lb (1,410,000 kg), round 
weight, respectively; and a 2017 Federal for-hire component quota and 
ACT of 2,848,000 lb (1,292,000 kg), round weight, and 2,278,000 lb 
(1,033,000 kg), round weight, respectively.
    In addition, for the 2017 fishing year, the total recreational 
quota and the private angling quota and ACT must be reduced due to an 
overage in the 2016 fishing year. The 2016 private angling component 
quota was exceeded, which also resulted in an overage of the 2016 total 
recreational quota by 129,906 lb (58,924 kg), round weight; the for-
hire component quota was not exceeded. Therefore, as specified at 50 
CFR 622.41(q)(2)(ii), NMFS must reduce the total recreational quota and 
the private angling component quota for the 2017 fishing year by the 
amount of the quota overage. For that reason, the 2017 total 
recreational quota is set at 6,603,094 lb (2,995,113 kg), round weight, 
the private angling component quota is set at 3,755,094 lb (1,703,282 
kg), round weight, and the private angling component ACT is set at 
3,004,075 lb (1,362,625 kg), round weight. The for-hire component quota 
in 2017 will remain at 2,848,000 lb (1,292,000 kg), round weight, and 
the component ACT will remain at 2,278,000 lb (1,033,000 kg), round 
weight.
    The 2017 red snapper recreational fishing seasons have been 
determined based on projection of when landings would reach the 
component ACTs (as adjusted), using catch rates and mean weights, and 
taking into account the red snapper harvest expected to occur during 
the recreational seasons set by the five Gulf states. The 2017 Federal 
season for the private angling component will be 3 days and the 2017 
Federal season for the for-hire component will be 49 days.
    Therefore, the 2017 Federal recreational season for the private 
angling component will begin at 12:01 a.m., local time, June 1, 2017, 
and close at 12:01 a.m., local time, June 4, 2017. The Federal season 
for the Federal for-hire component will begin at 12:01 a.m., local 
time, June 1, 2017, and close at 12:01 a.m., local time, July 20, 2017. 
The 2018 Federal recreational fishing seasons for the respective 
components will begin on June 1, 2018.
    On and after the effective date of a recreational component 
closure, the bag and possession limits for red snapper in the 
respective component are zero. When the Federal charter vessel/headboat 
component or entire recreational sector is closed, these bag and 
possession limits apply 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.

Classification

    The Regional Administrator for the NMFS Southeast Region 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 622.41(q)(2)(i) and (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.
    This action responds to the best scientific information available. 
The Assistant Administrator for NOAA Fisheries (AA), finds that the 
need to immediately implement this action to close the private angling 
and Federal for-hire components for the red snapper recreational sector 
constitute good cause to waive the requirements to provide prior notice 
and opportunity for public comment on this temporary rule pursuant to 
the authority set forth in 5 U.S.C. 553(b)(B), because such procedures 
are unnecessary and contrary to the public interest. Such procedures 
are unnecessary because the rule implementing the recreational red 
snapper ACLs and ACTs, and the rule implementing the requirement to 
close the recreational components when the ACTs are projected to be 
reached have already been subject to notice and comment, and all that 
remains is to notify the public of the closures. Providing prior notice 
and opportunity for public comment are contrary to the public interest 
because of the need to immediately implement this action to protect 
Gulf red snapper by timely closing the federal recreational seasons. In 
addition, prior notice and opportunity for public comment would require 
time and many of those affected by the length of the recreational 
fishing seasons, particularly charter vessel and headboat operations 
that book trips for clients in advance, need as much advance notice as 
NMFS is able to provide to adjust their business plans to account for 
the recreational fishing seasons.
    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 2, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-09096 Filed 5-2-17; 4:15 pm]
BILLING CODE 3510-22-P