82 FR 21140 - 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
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 86 (May 5, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 86 (May 5, 2017)
| Page Range | 21140-21141 | |
| FR Document | 2017-09096 |
[Federal Register Volume 82, Number 86 (Friday, May 5, 2017)] [Rules and Regulations] [Pages 21140-21141] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09096] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
![21140 Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations
custody and control, or was not located types or date ranges) so that it may be DEPARTMENT OF COMMERCE
following a reasonable search, DOT processed within the extended time
provides the requester with the written limit, or arrange an alternative time National Oceanic and Atmospheric
statement described in § 7.31(a)(3). period with the DOT component for Administration
(b) Denial of fee waiver. When the processing the request (e.g., by
responsible DOT official denies, in prioritizing portions of the request). The 50 CFR Part 622
whole or in part, a request for a waiver written notice also will notify the [Docket No. 140818679–5356–02]
of fees made pursuant to § 7.24(b) or requester of the right to seek dispute
§ 7.43(c), DOT provides the requester resolution services from the Office of RIN 0648–XF369
with written notification of that Government Information Services.
determination, the reasons for the Fisheries of the Caribbean, Gulf of
* * * * * Mexico, and South Atlantic; Reef Fish
determination, the right of the requester
to appeal the determination within ■ 10. Amend § 7.43 by revising Fishery of the Gulf of Mexico; 2017
DOT, and the requester’s right to seek paragraph (f) to read as follows: Recreational Fishing Seasons for Red
assistance in resolution of disputes from Snapper in the Gulf of Mexico
§ 7.43 When are fees waived or reduced
the FOIA Public Liaison or Office of for records requested under subpart C of AGENCY: National Marine Fisheries
Government Information Services. this part? Service (NMFS), National Oceanic and
(c) Denial of expedited processing. * * * * * Atmospheric Administration (NOAA),
When the responsible DOT official Commerce.
(f) Except as provided in paragraphs
denies a request for expedited
(f)(1) through (3) of this section, DOT ACTION: Temporary rule; closures.
processing made pursuant to § 7.31(c),
does not assess search fees otherwise
DOT provides the requester with written SUMMARY: NMFS announces the 2017
notice of that determination, the reasons chargeable under § 7.42(h) and (j) or
duplication fees otherwise chargeable recreational fishing seasons for the
for the determination, the right to private angling and Federal charter
appeal the determination within DOT, under § 7.42(i) when DOT fails to
comply with the time limits under vessel/headboat (for-hire) components
and the requester’s right to seek dispute for red snapper in the exclusive
resolution services from the FOIA § 7.31 or § 7.33.
economic zone (EEZ) of the Gulf of
Public Liaison or Office of Government (1) If DOT has determined that
Mexico (Gulf) through this temporary
Information Services. unusual circumstances apply (as
rule. The Federal recreational season for
(d) * * * defined in § 7.34(a)), 5,000 pages or less
red snapper in the Gulf EEZ begins at
(1) Each appeal must be made in are necessary to respond to the request,
12:01 a.m., local time, on June 1, 2017.
writing to the appropriate DOT appeal and DOT has provided a timely written
For recreational harvest by the private
official and postmarked or, in the case notice to the requester in accordance
angling component, the season closes at
of electronic or facsimile transmissions with § 7.34(a), a failure to comply with
12:01 a.m., local time, on June 4, 2017.
transmitted, within ninety calendar the time limits under § 7.31 or § 7.33 is
For recreational harvest by the Federal
days from the date the initial excused for an additional 10 days. If
for-hire component, the season closes at
determination is signed and should DOT does not comply with the extended
12:01 a.m., local time, on July 20, 2017.
include the DOT file or reference time limit, DOT does not assess search
These closures are necessary to prevent
number assigned to the request and all fees otherwise chargeable under
the private angling and Federal for-hire
information and arguments relied upon § 7.42(h) and (j) or duplication fees
components from exceeding their
by the person making the request. The otherwise chargeable under § 7.24(i);
respective quotas (annual catch limits
contact information for all DOT (2) If DOT has determined that (ACLs)) for the 2017 fishing year and to
component appeal officials is identified unusual circumstances apply (as prevent overfishing of the Gulf red
in the DOT FOIA Reference Guide defined under § 7.34(a)) and more than snapper resource.
available at https:// 5,000 pages are necessary to respond to
www.transportation.gov/foia. The DATES: The closure is effective at 12:01
the request, DOT may charge search fees
envelope in which a mailed appeal is under § 7.42(h) and (j) or duplication a.m., local time, June 4, 2017, until
sent or the subject line of an appeal sent fees under § 7.42(j) if DOT has provided 12:01 a.m., local time, January 1, 2018,
electronically or by facsimile should be timely written notice to the requester in for the private angling component. The
prominently marked: ‘‘FOIA Appeal.’’ accordance with § 7.34(a) and (b), and closure is effective at 12:01 a.m., local
The twenty Federal working day limit DOT has discussed with the requester time, July 20, 2017, until 12:01 a.m.,
described in § 7.33(a) will not begin to via written mail, electronic mail, or local time, January 1, 2018, for the
run until the appeal has been received telephone (or made not less than three Federal for-hire component. The 2018
by the appropriate office and identified good faith attempts to do so) how the Federal recreational fishing seasons for
as an appeal under FOIA, or would have requester could effectively limit the the respective components will begin on
been so identified with the exercise of scope of the request. June 1, 2018.
due diligence, by a DOT employee. FOR FURTHER INFORMATION CONTACT:
(3) If a court determines that
* * * * * exceptional circumstances exist (as that Kelli O’Donnell, NMFS Southeast
term is defined in 5 U.S.C. 552(a)(6)(C)), Regional Office, telephone: 727–824–
■ 9. Amend § 7.34 by revising paragraph
failure to comply with time limits under 5305, email: kelli.odonnell@noaa.gov.
(b) to read as follows:
§ 7.31 or § 7.33 shall be excused for the SUPPLEMENTARY INFORMATION: The Gulf
§ 7.34 When and how are time limits length of time provided by the court reef fish fishery, which includes red
jstallworth on DSK7TPTVN1PROD with RULES
applicable to DOT extended? order. snapper, is managed under the Fishery
* * * * * Management Plan for the Reef Fish
(b) When the extension is for more Issued on: April 25, 2017. Resources of the Gulf of Mexico (FMP).
than ten Federal working days, the Judith S. Kaleta, The FMP was prepared by the Gulf of
written notice provides the requester Deputy General Counsel. Mexico Fishery Management Council
with an opportunity to either modify the [FR Doc. 2017–08925 Filed 5–4–17; 8:45 am] and is implemented by NMFS under the
request (e.g., by narrowing the record BILLING CODE 4910–9X–P authority of the Magnuson-Stevens
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![Federal Register / Vol. 82, No. 86 / Friday, May 5, 2017 / Rules and Regulations 21141
Fishery Conservation and Management 622.41(q)(2)(ii), NMFS must reduce the This action is taken under 50 CFR
Act (Magnuson-Stevens Act) by total recreational quota and the private 622.41(q)(2)(i) and (ii) and is exempt
regulations at 50 CFR part 622. angling component quota for the 2017 from review under Executive Order
The final rule implementing fishing year by the amount of the quota 12866.
Amendment 40 to the FMP established overage. For that reason, the 2017 total These measures are exempt from the
two components within the recreational recreational quota is set at 6,603,094 lb procedures of the Regulatory Flexibility
sector fishing for Gulf red snapper: The (2,995,113 kg), round weight, the private Act because the temporary rule is issued
private angling component and the angling component quota is set at without opportunity for prior notice and
Federal for-hire component (80 FR 3,755,094 lb (1,703,282 kg), round comment.
22422, April 22, 2015). Amendment 40 weight, and the private angling
also allocated the red snapper component ACT is set at 3,004,075 lb This action responds to the best
recreational ACL (recreational quota) (1,362,625 kg), round weight. The for- scientific information available. The
between the components and hire component quota in 2017 will Assistant Administrator for NOAA
established separate seasonal closures remain at 2,848,000 lb (1,292,000 kg), Fisheries (AA), finds that the need to
for the two components. The round weight, and the component ACT immediately implement this action to
recreational seasonal closures are will remain at 2,278,000 lb (1,033,000 close the private angling and Federal
projected from the component ACTs (set kg), round weight. for-hire components for the red snapper
20 percent less than the component The 2017 red snapper recreational recreational sector constitute good cause
quotas) to reduce the likelihood of fishing seasons have been determined to waive the requirements to provide
harvests’ exceeding the component based on projection of when landings prior notice and opportunity for public
quotas and the total recreational ACL. would reach the component ACTs (as comment on this temporary rule
The final rule for Amendment 28 to adjusted), using catch rates and mean pursuant to the authority set forth in 5
the FMP revised the allocation between weights, and taking into account the red U.S.C. 553(b)(B), because such
the commercial and recreational sectors snapper harvest expected to occur procedures are unnecessary and
for red snapper to be 48.5 percent and during the recreational seasons set by contrary to the public interest. Such
51.5 percent, respectively, and the five Gulf states. The 2017 Federal procedures are unnecessary because the
consequently revised quotas and ACTs season for the private angling rule implementing the recreational red
for the private angling and for-hire component will be 3 days and the 2017 snapper ACLs and ACTs, and the rule
components of the recreational sector Federal season for the for-hire implementing the requirement to close
(81 FR 25576, April 28, 2016). However, component will be 49 days. the recreational components when the
a decision in Guindon v. Pritzker, 2017 Therefore, the 2017 Federal ACTs are projected to be reached have
recreational season for the private already been subject to notice and
WL 875775 (D.D.C. March 3, 2017),
angling component will begin at 12:01 comment, and all that remains is to
vacated Amendment 28 and its
a.m., local time, June 1, 2017, and close notify the public of the closures.
implementing final rule. As a result,
at 12:01 a.m., local time, June 4, 2017. Providing prior notice and opportunity
NMFS has projected the length of the
The Federal season for the Federal for- for public comment are contrary to the
recreational seasons based on the
hire component will begin at 12:01 a.m., public interest because of the need to
allocations, quotas, and ACTs in effect
local time, June 1, 2017, and close at immediately implement this action to
before promulgation of the Amendment
12:01 a.m., local time, July 20, 2017. protect Gulf red snapper by timely
28 final rule. Those allocations are 51
The 2018 Federal recreational fishing closing the federal recreational seasons.
percent for the commercial sector and
seasons for the respective components In addition, prior notice and
49 percent for the recreational sector, will begin on June 1, 2018.
which results in a 2017 total opportunity for public comment would
On and after the effective date of a require time and many of those affected
recreational quota of 6,733,000 lb recreational component closure, the bag
(3,054,037 kg), round weight; a 2017 by the length of the recreational fishing
and possession limits for red snapper in seasons, particularly charter vessel and
private angling quota and ACT of the respective component are zero.
3,885,000 lb (1,762,000 kg), round headboat operations that book trips for
When the Federal charter vessel/ clients in advance, need as much
weight, and 3,108,000 lb (1,410,000 kg), headboat component or entire
round weight, respectively; and a 2017 advance notice as NMFS is able to
recreational sector is closed, these bag provide to adjust their business plans to
Federal for-hire component quota and and possession limits apply in the Gulf
ACT of 2,848,000 lb (1,292,000 kg), account for the recreational fishing
on board a vessel for which a valid seasons.
round weight, and 2,278,000 lb Federal charter vessel/headboat permit
(1,033,000 kg), round weight, for Gulf reef fish has been issued, For the aforementioned reasons, the
respectively. without regard to where such species AA also finds good cause to waive the
In addition, for the 2017 fishing year, were harvested, i.e., in state or Federal 30-day delay in the effectiveness of this
the total recreational quota and the waters. action under 5 U.S.C. 553(d)(3).
private angling quota and ACT must be Authority: 16 U.S.C. 1801 et seq.
reduced due to an overage in the 2016 Classification
fishing year. The 2016 private angling The Regional Administrator for the Dated: May 2, 2017.
component quota was exceeded, which NMFS Southeast Region has determined Alan D. Risenhoover,
also resulted in an overage of the 2016 this temporary rule is necessary for the Acting Deputy Assistant Administrator for
total recreational quota by 129,906 lb conservation and management of Gulf Regulatory Programs, National Marine
jstallworth on DSK7TPTVN1PROD with RULES
(58,924 kg), round weight; the for-hire red snapper and is consistent with the Fisheries Service.
component quota was not exceeded. Magnuson-Stevens Act and other [FR Doc. 2017–09096 Filed 5–2–17; 4:15 pm]
Therefore, as specified at 50 CFR applicable laws. BILLING CODE 3510–22–P
VerDate Sep<11>2014 14:00 May 04, 2017 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 9990 E:\FR\FM\05MYR1.SGM 05MYR1](https://thefederalregister.org/doc/82_FR_21226/page/2.svg)
Document Created: 2018-11-08 08:39:53
Document Modified: 2018-11-08 08:39:53
| 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 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. | |
| Contact | Kelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 21140 | |
| RIN Number | 0648-XF36 |
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