81 FR 25583 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Fishing Seasons for Red Snapper in the Gulf of Mexico
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 82 (April 28, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 82 (April 28, 2016)
| Page Range | 25583-25584 | |
| FR Document | 2016-09907 |
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)] [Rules and Regulations] [Pages 25583-25584] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09907] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140818679-5356-02] RIN 0648-XE575 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2016 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. ----------------------------------------------------------------------- SUMMARY: NMFS announces the 2016 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 seasons for red snapper in the Gulf EEZ begin at 12:01 a.m., local time, on June 1, 2016. For recreational harvest by the private angling component, the season closes at 12:01 a.m., local time, on June 10, 2016. For recreational harvest by the Federal for-hire component, the season closes at 12:01 a.m., local time, on July 17, 2016. 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 fishing year and prevent overfishing of the Gulf red snapper resource. DATES: The closure is effective at 12:01 a.m., local time, June 10, 2016, until 12:01 a.m., local time, January 1, 2017, for the private angling component. The closure is effective at 12:01 a.m., local time, July 17, 2016, until 12:01 a.m., local time, January 1, 2017, for the Federal for-hire component. The 2017 Federal recreational fishing seasons for the respective components begin on June 1, 2017. FOR FURTHER INFORMATION CONTACT: Peter Hood, 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 (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 and annual catch target (ACT) between the components, and established separate seasonal closures for the two components. The seasonal closures are projected from the component ACTs (set 20 percent less than the component ACLs) to reduce the likelihood of harvests exceeding the component ACLs and total recreational ACL. Published in the same issue of the Federal Register is the final rule for Amendment 28 to the FMP to implement revised ACLs for the commercial sector and revised ACLs and ACTs for the private angling and Federal for-hire components of the recreational sector for 2016 and 2017. For 2016, the Amendment 28 final rule [[Page 25584]] set the private angling ACL at 4.150 million lb (1.882 million kg), round weight, and ACT at 3.320 million lb (1.506 million kg), round weight. The ACL and ACT for the Federal for-hire component in 2016 are 3.042 and 2.434 million lb (1.380 and 1.104 million kg), round weight, respectively. To project the 2016 recreational red snapper seasons for the private angling and Federal for-hire components, a tiered projection approach was taken for forecasting Gulf recreational red snapper average weight and catch rates for 2016. To account for Gulf state recreational red snapper seasons in 2016 that are inconsistent with Federal recreational seasons, state average weights and daily catch rates for 2016 were based on observed values from the 2014 and 2015 seasons. Ten projection scenarios were developed for determining Federal season lengths for the private angler component and Federal for-hire component; five projection scenarios were based on recent years' data and five were based on regression methods using year, year of rebuilding, spawning stock biomass, fuel prices, per capita gross domestic product, and state and Federal season lengths as predictive covariates. As a result of the assumed inconsistent recreational season lengths for Gulf states in 2016, NMFS projects that landings from recreational harvest in state waters will be approximately half of the 2016 private angler component ACT. The results from the ten projection scenarios as well as additional details about the calculation of the 2016 projections can be viewed in a report located at http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/red_snapper/index.html. Based upon the mean of projection scenarios using 2014 and 2015 observed catch rates and mean weights, NMFS determines that the season for the private angling component will be 9 days and the season for the Federal for-hire component will be 46 days. Therefore, the Federal season for the private angling component will begin at 12:01 a.m., local time, June 1, 2016, and close at 12:01 a.m., local time, June 10, 2016. The Federal season for the Federal for-hire component will begin at 12:01 a.m., local time, June 1, 2016, and close at 12:01 a.m., local time, July 17, 2016. The 2017 Federal recreational fishing seasons for the respective components begin on June 1, 2017. 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 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. 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: April 22, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-09907 Filed 4-27-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Rules and Regulations 25583
is effective for only the 2015, 2016, and subsequent fishing years, the applicable for red snapper in the Gulf EEZ begin
2017 fishing years. For the 2018 and total recreational quota specified in at 12:01 a.m., local time, on June 1,
subsequent fishing years, the applicable § 622.39(a)(2)(i)(A) will apply to the 2016. For recreational harvest by the
total recreational quota specified in recreational sector. private angling component, the season
§ 622.39(a)(2)(i)(A) will apply to the (1) For fishing year 2015—2.371 closes at 12:01 a.m., local time, on June
recreational sector. million lb (1.075 million kg), round 10, 2016. For recreational harvest by the
(1) For fishing year 2015—2.964 weight. Federal for-hire component, the season
million lb (1.344 million kg), round (2) For fishing year 2016—2.434 closes at 12:01 a.m., local time, on July
weight. million lb (1.104 million kg), round 17, 2016. These closures are necessary
(2) For fishing year 2016—3.042 weight. to prevent the private angling and
million lb (1.380 million kg), round (3) For fishing year 2017—2.395 Federal for-hire components from
weight. million lb (1.086 million kg), round exceeding their respective quotas
(3) For fishing year 2017—2.993 weight. (annual catch limits (ACLs)) for the
million lb (1.358 million kg), round (C) Private angling component ACT. fishing year and prevent overfishing of
weight. The private angling component ACT the Gulf red snapper resource.
(C) Private angling component quota. applies to vessels that fish under the bag DATES: The closure is effective at 12:01
The private angling component quota limit and have not been issued a Federal a.m., local time, June 10, 2016, until
applies to vessels that fish under the bag charter vessel/headboat permit for Gulf 12:01 a.m., local time, January 1, 2017,
limit and have not been issued a Federal reef fish any time during the fishing for the private angling component. The
charter vessel/headboat permit for Gulf year. This component ACT is effective closure is effective at 12:01 a.m., local
reef fish any time during the fishing for only the 2015, 2016, and 2017 time, July 17, 2016, until 12:01 a.m.,
year. This component quota is effective fishing years. For the 2018 and local time, January 1, 2017, for the
for only the 2015, 2016, and 2017 subsequent fishing years, the applicable Federal for-hire component. The 2017
fishing years. For the 2018 and total recreational quota specified in Federal recreational fishing seasons for
subsequent fishing years, the applicable § 622.39(a)(2)(i)(A) will apply to the the respective components begin on
total recreational quota specified in recreational sector. June 1, 2017.
§ 622.39(a)(2)(i)(A) will apply to the (1) For fishing year 2015—3.234 FOR FURTHER INFORMATION CONTACT:
recreational sector. million lb (1.467 million kg), round Peter Hood, NMFS Southeast Regional
(1) For fishing year 2015—4.043 weight. Office, telephone: 727–824–5305, email:
million lb (1.834 million kg), round (2) For fishing year 2016—3.320 peter.hood@noaa.gov.
weight. million lb (1.506 million kg), round
(2) For fishing year 2016—4.150 SUPPLEMENTARY INFORMATION: The Gulf
weight. reef fish fishery, which includes red
million lb (1.882 million kg), round (3) For fishing year 2017—3.266
weight. snapper, is managed under the Fishery
million lb (1.481 million kg), round Management Plan for the Reef Fish
(3) For fishing year 2017—4.083 weight.
million lb (1.852 million kg), round Resources of the Gulf of Mexico (FMP).
weight. [FR Doc. 2016–09892 Filed 4–27–16; 8:45 am] The FMP was prepared by the Gulf of
BILLING CODE 3510–22–P Mexico Fishery Management Council
* * * * *
(Council) and is implemented by NMFS
■ 3. In § 622.41, revise (q)(2)(iii) to read
under the authority of the Magnuson-
as follows: DEPARTMENT OF COMMERCE Stevens Fishery Conservation and
§ 622.41 Annual catch limits (ACLs), Management Act (Magnuson-Stevens
National Oceanic and Atmospheric Act) by regulations at 50 CFR part 622.
annual catch targets (ACTs), and
accountability measures (AMs). Administration The final rule implementing
* * * * * Amendment 40 to the FMP established
50 CFR Part 622 two components within the recreational
(q) * * *
(2) * * * [Docket No. 140818679–5356–02] sector fishing for Gulf red snapper, the
(iii) Recreational ACT for red private angling component and the
RIN 0648–XE575 Federal for-hire component (80 FR
snapper—(A) Total recreational ACT
(Federal charter vessel/headboat and 22422, April 22, 2015). Amendment 40
Fisheries of the Caribbean, Gulf of
private angling component ACTs also allocated the red snapper
Mexico, and South Atlantic; Reef Fish
combined)—(1) For fishing year 2015— recreational ACL and annual catch
Fishery of the Gulf of Mexico; 2016
5.606 million lb (2.543 million kg), target (ACT) between the components,
Recreational Fishing Seasons for Red
round weight. and established separate seasonal
Snapper in the Gulf of Mexico
(2) For fishing year 2016—5.754 closures for the two components. The
million lb (2.610 million kg), round AGENCY: National Marine Fisheries seasonal closures are projected from the
weight. Service (NMFS), National Oceanic and component ACTs (set 20 percent less
(3) For fishing year 2017 and Atmospheric Administration (NOAA), than the component ACLs) to reduce the
subsequent fishing years—5.661 million Commerce. likelihood of harvests exceeding the
lb (2.568 million kg), round weight. ACTION: Temporary rule; closures. component ACLs and total recreational
(B) Federal charter vessel/headboat ACL. Published in the same issue of the
asabaliauskas on DSK3SPTVN1PROD with RULES
component ACT. The Federal charter SUMMARY: NMFS announces the 2016 Federal Register is the final rule for
vessel/headboat component ACT recreational fishing seasons for the Amendment 28 to the FMP to
applies to vessels that have been issued private angling and Federal charter implement revised ACLs for the
a valid Federal charter vessel/headboat vessel/headboat (for-hire) components commercial sector and revised ACLs
permit for Gulf reef fish any time during for red snapper in the exclusive and ACTs for the private angling and
the fishing year. This component ACT is economic zone (EEZ) of the Gulf of Federal for-hire components of the
effective for only the 2015, 2016, and Mexico (Gulf) through this temporary recreational sector for 2016 and 2017.
2017 fishing years. For the 2018 and rule. The Federal recreational seasons For 2016, the Amendment 28 final rule
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![25584 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Rules and Regulations
set the private angling ACL at 4.150 determines that the season for the Fisheries (AA), finds that the need to
million lb (1.882 million kg), round private angling component will be 9 immediately implement this action to
weight, and ACT at 3.320 million lb days and the season for the Federal for- close the private angling and Federal
(1.506 million kg), round weight. The hire component will be 46 days. for-hire components for the red snapper
ACL and ACT for the Federal for-hire Therefore, the Federal season for the recreational sector constitute good cause
component in 2016 are 3.042 and 2.434 private angling component will begin at to waive the requirements to provide
million lb (1.380 and 1.104 million kg), 12:01 a.m., local time, June 1, 2016, and prior notice and opportunity for public
round weight, respectively. close at 12:01 a.m., local time, June 10, comment on this temporary rule
To project the 2016 recreational red 2016. The Federal season for the Federal pursuant to the authority set forth in 5
snapper seasons for the private angling for-hire component will begin at 12:01 U.S.C. 553(b)(B), because such
and Federal for-hire components, a a.m., local time, June 1, 2016, and close procedures are unnecessary and
tiered projection approach was taken for at 12:01 a.m., local time, July 17, 2016. contrary to the public interest. Such
forecasting Gulf recreational red The 2017 Federal recreational fishing procedures are unnecessary because the
snapper average weight and catch rates seasons for the respective components rule implementing the recreational red
for 2016. To account for Gulf state begin on June 1, 2017. snapper ACLs and ACTs, and the rule
recreational red snapper seasons in 2016 On and after the effective date of a implementing the requirement to close
that are inconsistent with Federal recreational component closure, the bag the recreational components when the
recreational seasons, state average and possession limits for red snapper in ACTs are projected to be reached have
weights and daily catch rates for 2016 the respective component are zero. already been subject to notice and
were based on observed values from the When the Federal charter vessel/ comment, and all that remains is to
2014 and 2015 seasons. Ten projection headboat component or entire notify the public of the closures.
scenarios were developed for recreational sector is closed, these bag Providing prior notice and opportunity
determining Federal season lengths for and possession limits apply in the Gulf for public comment are contrary to the
the private angler component and on board a vessel for which a valid public interest because of the need to
Federal for-hire component; five Federal charter vessel/headboat permit immediately implement this action to
projection scenarios were based on for Gulf reef fish has been issued, protect Gulf red snapper. Prior notice
recent years’ data and five were based without regard to where such species and opportunity for public comment
on regression methods using year, year were harvested, i.e., in state or Federal would require time and many of those
of rebuilding, spawning stock biomass, waters. affected by the length of the recreational
fuel prices, per capita gross domestic Classification fishing seasons, particularly charter
product, and state and Federal season vessel and headboat operations that
The Regional Administrator for the
lengths as predictive covariates. As a NMFS Southeast Region has determined book trips for clients in advance, need
result of the assumed inconsistent this temporary rule is necessary for the as much advance notice as NMFS is able
recreational season lengths for Gulf conservation and management of Gulf to provide to adjust their business plans
states in 2016, NMFS projects that red snapper and is consistent with the to account for the recreational fishing
landings from recreational harvest in Magnuson-Stevens Act and other seasons.
state waters will be approximately half applicable laws. For the aforementioned reasons, the
of the 2016 private angler component This action is taken under 50 CFR AA also finds good cause to waive the
ACT. The results from the ten projection 622.41(q)(2)(i) and is exempt from 30-day delay in the effectiveness of this
scenarios as well as additional details review under Executive Order 12866. action under 5 U.S.C. 553(d)(3).
about the calculation of the 2016 These measures are exempt from the Authority: 16 U.S.C. 1801 et seq.
projections can be viewed in a report procedures of the Regulatory Flexibility
located at http://sero.nmfs.noaa.gov/ Act because the temporary rule is issued Dated: April 22, 2016.
sustainable_fisheries/gulf_fisheries/red_ without opportunity for prior notice and Emily H. Menashes,
snapper/index.html. comment. Acting Director, Office of Sustainable
Based upon the mean of projection This action responds to the best Fisheries, National Marine Fisheries Service.
scenarios using 2014 and 2015 observed scientific information available. The [FR Doc. 2016–09907 Filed 4–27–16; 8:45 am]
catch rates and mean weights, NMFS Assistant Administrator for NOAA BILLING CODE 3510–22–P
asabaliauskas on DSK3SPTVN1PROD with RULES
VerDate Sep<11>2014 21:32 Apr 27, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4701 Sfmt 9990 E:\FR\FM\28APR3.SGM 28APR3](https://thefederalregister.org/doc/81_FR_25665/page/2.svg)
Document Created: 2016-04-28 01:05:55
Document Modified: 2016-04-28 01:05:55
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closures. | |
| Dates | The closure is effective at 12:01 a.m., local time, June 10, 2016, until 12:01 a.m., local time, January 1, 2017, for the private angling component. The closure is effective at 12:01 a.m., local time, July 17, 2016, until 12:01 a.m., local time, January 1, 2017, for the Federal for-hire component. The 2017 Federal recreational fishing seasons for the respective components begin on June 1, 2017. | |
| Contact | Peter Hood, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 25583 | |
| RIN Number | 0648-XE57 |
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