[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Rules and Regulations]
[Page 26022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11721]



[[Page 26022]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XH054


Snapper-Grouper Fishery of the South Atlantic; 2019 Commercial 
Accountability Measure and Closure for South Atlantic Yellowtail 
Snapper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
commercial sector for yellowtail snapper in the South Atlantic 
exclusive economic zone (EEZ). NMFS projects that commercial landings 
of yellowtail snapper will reach the commercial annual catch limit 
(ACL) for the August 2018 through July 2019 fishing year by June 7, 
2019. Therefore, NMFS closes the commercial sector for yellowtail 
snapper in the South Atlantic EEZ on June 7, 2019, and it will remain 
closed until August 1, 2019, the start of the August 2019 through July 
2020 fishing year. This closure is necessary to protect the South 
Atlantic yellowtail snapper resource.

DATES: This rule is effective at 12:01 a.m., local time, June 7, 2019, 
until 12:01 a.m., local time, August 1, 2019.

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 yellowtail 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 yellowtail snapper commercial ACL is 1,596,510 lb (724,165 kg), 
round weight, as specified in 50 CFR 622.193(n)(1)(i). The yellowtail 
snapper fishing year is August 1 through July 31, as specified in 50 
CFR 622.7(f). Under 50 CFR 622.193(n)(1)(i), NMFS is required to close 
the yellowtail snapper commercial sector when the commercial ACL has 
been reached, or is projected to be reached, by filing a notification 
to that effect with the Office of the Federal Register. NMFS has 
projected that the yellowtail snapper commercial sector will reach its 
ACL on June 7, 2019. Therefore, this temporary rule implements an AM to 
close the yellowtail snapper commercial sector in the South Atlantic 
EEZ, effective from 12:01 a.m., local time, June 7, 2019, until August 
1, 2019, the start of the 2019-2020 fishing year.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having yellowtail snapper on board must 
have landed and bartered, traded, or sold such species prior to June 7, 
2019. During the commercial closure, all sale or purchase of yellowtail 
snapper from the South Atlantic EEZ is prohibited. The harvest or 
possession of yellowtail snapper in of from the South Atlantic EEZ is 
limited to the bag limit specified in 50 CFR 622.187(b)(4) and the 
possession limits specified in 50 CFR 622.187(c). These bag and 
possession limits apply on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, regardless of whether such species 
were harvested 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 South Atlantic yellowtail snapper and is consistent with 
the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(n)(1)(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 yellowtail snapper 
commercial sector 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 AM has been subject to 
notice and comment, and all that remains is to notify the public of the 
closure. Such procedures are contrary to the public interest because 
there is a need to immediately implement this action to protect the 
yellowtail snapper resource, as the capacity of the fishing fleet 
allows for rapid harvest of the commercial ACL. Prior notice and 
opportunity for public comment would require time and could result in a 
harvest well in excess of the established commercial ACL.
    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 31, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-11721 Filed 5-31-19; 4:15 pm]
 BILLING CODE 3510-22-P