[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