[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Page 62735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26433]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1710319998630-02]
RIN 0648-XG652


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Commercial Harvest for South Atlantic Red Snapper

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

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for red 
snapper in the exclusive economic zone (EEZ) of the South Atlantic 
through this temporary rule. The most recent commercial landings of red 
snapper indicate that the commercial annual catch limit (ACL) for the 
2018 fishing year has not yet been reached. Therefore, NMFS re-opens 
the commercial sector for red snapper in the South Atlantic EEZ for 10 
calendar days to allow the commercial ACL to be reached, while 
minimizing the risk of the commercial ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, December 5, 2018, 
until 12:01 a.m., local time, December 15, 2018.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes red snapper and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic 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 commercial ACL for red snapper in the South Atlantic is 124,815 
lb (56,615 kg), round weight. Under 50 CFR 622.193(y)(1), NMFS is 
required to close the commercial sector for red snapper when landings 
reach, or are projected to reach, the commercial ACL by filing a 
notification to that effect with the Office of the Federal Register.
    NMFS previously projected that the commercial ACL for South 
Atlantic red snapper for the 2018 fishing year would be reached by 
November 7, 2018. Accordingly, NMFS published a temporary rule in the 
Federal Register to implement accountability measures (AMs) to close 
the commercial sector for red snapper in the South Atlantic EEZ 
effective November 7, 2018 (83 FR 55292; November 5, 2018).
    However, recent landings data for red snapper indicate that the 
commercial ACL has not been yet been reached. Consequently, and in 
accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial sector for red snapper effective at 12:01 a.m. on December 
5, 2018. The commercial sector will remain open for 10 calendar days 
and will close at 12:01 a.m. on December 15, 2018. Re-opening the 
commercial sector for 10 days allows an additional opportunity to 
commercially harvest the red snapper ACL while minimizing the risk of 
exceeding the commercial ACL. For the 2019 fishing year, NMFS will 
announce the commercial season opening date in the Federal Register.

Classification

    The Regional Administrator, NMFS Southeast Region, has determined 
this temporary rule is necessary for the conservation and management of 
red snapper and the South Atlantic snapper-grouper fishery and is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(c) 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 temporarily re-open the 
commercial sector for red snapper constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such 
procedures are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule implementing the commercial 
ACL and AMs for red snapper has already been subject to notice and 
comment, and all that remains is to notify the public of the re-
opening. Such procedures are contrary to the public interest because of 
the need to immediately implement this action to allow commercial 
fishers to further harvest the commercial ACL of red snapper from the 
South Atlantic EEZ, while minimizing the risk of exceeding the 
commercial ACL. Prior notice and opportunity for public comment would 
require time and would delay the re-opening of the commercial sector.
    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: November 30, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-26433 Filed 11-30-18; 4:15 pm]
 BILLING CODE 3510-22-P