[Federal Register Volume 83, Number 78 (Monday, April 23, 2018)]
[Rules and Regulations]
[Pages 17623-17625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08419]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140818679-5356-02]
RIN 0648-XG060


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2018 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; closure.

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SUMMARY: NMFS announces the 2018 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, 2018. For recreational harvest by the 
private angling component, the season closes at 12:01 a.m., local time, 
on June 1, 2018.

[[Page 17624]]

For recreational harvest by the Federal for-hire component, the season 
closes at 12:01 a.m., local time, on July 22, 2018. These closures are 
necessary to prevent the private angling and Federal for-hire 
components from exceeding their respective quotas, equivalent to annual 
catch limits (ACLs), for the 2018 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 1, 
2018, until 12:01 a.m., local time, January 1, 2019, for the private 
angling component. The closure is effective at 12:01 a.m., local time, 
July 22, 2018, until 12:01 a.m., local time, January 1, 2019, for the 
Federal for-hire component.

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 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 annual 
catch targets (ACTs), set 20 percent less than the component quotas, to 
reduce the likelihood of the harvest exceeding the component quotas and 
the total recreational ACL.
    According to regulations at 50 CFR 622.39(a)(2)(i), the 2018 total 
recreational quota for red snapper in the Gulf EEZ is 6.733 million lb 
(3.54 million kg), which is allocated 57.7 percent to the private 
angling component and 42.3 percent to the for-hire component. For the 
private angling component, the 2018 quota is 3.885 million lb (1.762 
million kg), and the 2018 ACT is 3.108 million lb (1.410 million kg) 
(50 CFR 622.41(q)(2)(iii)(C). For the Federal for-hire component, the 
2018 quota is 2.848 million lb (1.292 million kg), and the 2018 ACT is 
2.278 million lb (1.033 million kg) (50 CFR 622.41(q)(2)(iii)(B)). All 
weights given are in round weight.
    For the private angling component, NMFS has issued exempted fishing 
permits (EFPs) that allow each Gulf state (Texas, Louisiana, 
Mississippi, Alabama, and Florida) to set the season for red snapper 
that are landed from state and federal waters in that state during 2018 
and 2019. The EFPs do so by exempting private anglers from regulations 
at 50 CFR 622.34(b) (recreational season closure for red snapper) and 
50 CFR 622.41(q)(2)(i) (private angler component in-season closure) if 
these anglers hold the appropriate state fishing permits and are 
landing red snapper in a participating state during the state's open 
season. The EFPs allocate a portion of the private angling quota to 
each state, and each state is required under the terms and conditions 
of the EFPs to constrain landings to its allocation. The combined 
allocations equal the private angling component quota. Therefore, there 
will be no Federal season for the private angling component in 2018, 
and this closure notice will take effect at 12:01 a.m., local time, 
June 1, 2018.
    The Gulf states will establish seasons during which red snapper 
caught in state and Federal waters can be landed. States will monitor 
red snapper landings and close their respective fishing seasons if the 
state's assigned quota is reached or projected to be reached. Private 
anglers should consult the regulations for the Gulf state where they 
wish to land red snapper to determine state season dates and landing 
requirements. If the EFPs remain effective in 2019, NMFS anticipates 
announcing a similar Federal recreational fishing season for the 
private angling component next year.
    The 2018 red snapper Federal for-hire fishing season has been 
determined to be 51 days based on NMFS' projection of the date landings 
are expected to reach the component ACT. For details about the 
calculation of the projection for 2018, see http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/red_snapper/index.html. Therefore, 
the 2018 Federal recreational season for the Federal for-hire component 
will begin at 12:01 a.m., local time, June 1, 2018, and close at 12:01 
a.m., local time, July 22, 2018.
    On and after the effective date of the Federal for-hire component 
closure, the bag and possession limits for red snapper for Federal for-
hire vessels are zero. When either the Federal for-hire component or 
entire recreational sector is closed, these bag and possession limits 
apply in the Gulf onboard a vessel for which a valid Federal for-hire 
permit for Gulf reef fish has been issued, without regard to where such 
species were harvested, i.e., in state or Federal waters (EEZ).

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 is based on 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.

[[Page 17625]]

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 for-hire 
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: April 18, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-08419 Filed 4-18-18; 4:15 pm]
BILLING CODE 3510-22-P