[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37148-37149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16272]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XS006


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2019 Commercial Accountability Measure and Closure for South Atlantic 
Snowy Grouper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for commercial 
snowy grouper in the exclusive economic zone (EEZ) of the South 
Atlantic. NMFS projects commercial landings for snowy grouper will 
reach the commercial annual catch limit (ACL) by August 3, 2019. 
Therefore, NMFS closes the commercial sector for snowy grouper in the 
South Atlantic EEZ on August 3, 2019, and it will remain closed until 
the start of the next commercial fishing season on January 1, 2020. 
This closure is necessary to protect the snowy grouper resource.

DATES: This rule is effective at 12:01 a.m., local time, on August 3, 
2019, until 12:01 a.m., local time, on January 1, 2020.

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 snowy grouper 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 (commercial quota) for snowy grouper in the 
South Atlantic is 153,935 lb (69,824 kg), gutted weight, 181,644 lb 
(82,392 kg), round weight, for the current fishing year, January 1 
through December 31, 2019, as specified in 50 CFR 622.190(a)(1)(v).
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial ACL is reached 
or projected to be reached, by filing a notification to that effect 
with the Office of the Federal Register. NMFS projects that commercial 
landings of South Atlantic snowy grouper, as estimated by the Science 
and Research Director, will reach the commercial quota by August 3, 
2019. Accordingly, the commercial sector for South Atlantic snowy 
grouper is closed effective at 12:01 a.m., local time, on August 3, 
2019, until 12:01 a.m., local time, on January 1, 2020.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having snowy grouper on board must have 
landed and bartered, traded, or sold such snowy grouper prior to 12:01 
a.m., local time, on August 3, 2019. During the commercial closure, 
harvest and possession of snowy grouper in or from the South Atlantic 
EEZ is limited to the bag and possession limits, as specified in Sec.  
622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the 
sale or purchase of snowy grouper taken from the EEZ is prohibited. The 
prohibition on sale or purchase does not apply to the sale or purchase 
of snowy grouper that were harvested, landed ashore, and sold prior to 
12:01 a.m., local time, on August 3, 2019, and were

[[Page 37149]]

held in cold storage by a dealer or processor.
    For a person on board a vessel for which a Federal commercial or 
charter vessel/headboat permit for the South Atlantic snapper-grouper 
fishery has been issued, the bag and possession limits and the sale and 
purchase provisions of the commercial closure for snowy grouper would 
apply regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
snowy grouper 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 622.193(b)(1) 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 commercial 
sector for snowy grouper 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 would be unnecessary and contrary to the public interest. 
Such procedures are unnecessary because the implementing final rule for 
these AMs has already 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 of the need to immediately 
implement this action to protect snowy grouper since 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 would 
potentially 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: July 26, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-16272 Filed 7-26-19; 4:15 pm]
 BILLING CODE 3510-22-P