[Federal Register Volume 84, Number 48 (Tuesday, March 12, 2019)]
[Rules and Regulations]
[Pages 8825-8826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04430]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140818679-5356-02]
RIN 0648-XG837
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2019 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 2019 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 season for the
recreational sector for red snapper in the Gulf EEZ opens on June 1,
each year. For recreational harvest by the private angling component,
the season closes at 12:01 a.m., local time, June 1, 2019. NMFS has
issued exempted fishing permits (EFPs) that allow each Gulf state
(Texas, Louisiana, Mississippi, Alabama, and Florida) to set the
private recreational season for red snapper that are landed from state
and Federal waters in that state during 2018 and 2019. For recreational
harvest by the Federal for-hire component, the season closes at 12:01
a.m., local time, on August 2, 2019. 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 2019 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,
2019, until 12:01 a.m., local time, January 1, 2020, for the private
angling component. The closure is effective at 12:01 a.m., local time,
August 2, 2019, until 12:01 a.m., local time, January 1, 2020, for the
Federal for-hire component.
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 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). Using ACTS to project the recreational season
closures reduces the likelihood of the harvest exceeding the component
quotas and the total recreational ACL. The current private angling and
for-hire component ACTs are 20 percent below the component quotas.
On March 5, 2019, NMFS published a final rule implementing two
framework actions that modify the red snapper ACLs (quotas) and ACTs
(84 FR 2828). This rule, which will be effective on April 4, 2019,
increased the red snapper quotas and decreased the Federal for-hire
component's red snapper ACT for 2019 to 9 percent below the for-hire
component quota.
Therefore, the applicable regulations will be updated and the 2019
total recreational quota for red snapper in the Gulf EEZ will be 7.399
million lb (3.356 million kg) (50 CFR 622.39(2)(i)). This quota is
allocated 57.7 percent to the private angling component and 42.3
percent to the Federal for-hire component. For the private angling
component, the 2019 quota will be 4.269 million lb (1.936 million kg),
and the 2019 ACT will be 3.415 million lb (1.549 million kg) (50 CFR
622.41(q)(2)(iii)(C)). For the Federal for-hire component, the 2019
quota will be 3.130 million lb (1.420 million kg), and the 2019 ACT
will be 2.848 million lb
[[Page 8826]]
(1.292 million kg) (50 CFR 622.41(q)(2)(iii)(B)). All weights given are
in round weight.
Private Angling Component
For the private angling component, NMFS has issued 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 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.
To accommodate the EFPs, the private angling season in federal
waters will be closed all year, but private anglers with the
appropriate state licenses are exempt 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.
Therefore, there will be no Federal season for the private angling
component in 2019, and this closure notification will take effect at
12:01 a.m., local time, June 1, 2019.
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.
Federal For-Hire Component
The 2019 red snapper Federal for-hire fishing season has been
determined to be 62 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 2019, see https://www.fisheries.noaa
.gov/southeast/recreational-fishing/gulf-mexico-recreational-red-
snapper-management. Therefore, the 2019 Federal recreational season for
the Federal for-hire component will begin at 12:01 a.m., local time,
June 1, 2019, and close at 12:01 a.m., local time, August 2, 2019.
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.
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.
Providing prior notice and opportunity for public comment are
contrary to the public interest because it would require time and many
for-hire operations book trips for clients in advance and need as much
advance notice as NMFS is able to provide to adjust their business
plans to account for the fishing season.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-04430 Filed 3-7-19; 4:15 pm]
BILLING CODE 3510-22-P