[Federal Register Volume 84, Number 168 (Thursday, August 29, 2019)]
[Rules and Regulations]
[Pages 45437-45438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18703]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3608-02]
RIN 0648-XS009
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2019 Commercial Accountability Measure and Closure for South Atlantic
Red 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 accountability measures for commercial red
snapper in the exclusive economic zone (EEZ) of the South Atlantic.
NMFS projects commercial landings for red snapper will reach the
commercial annual catch limit (ACL) for the 2019 fishing year.
Therefore, NMFS is closing the commercial sector for red snapper in the
South Atlantic EEZ on August 30, 2019. This closure is necessary to
protect the red snapper resource.
DATES: This rule is effective 12:01 a.m., local time, August 30, 2019,
through December 31, 2019.
FOR FURTHER INFORMATION CONTACT: Frank Helies, 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, as specified in 50 CFR 622.193(y)(1).
Under 50 CFR 622.193(y)(1), NMFS is required to close the
commercial sector for red snapper when the commercial ACL specified is
reached, or is projected to be reached, by filing a notification to
that effect with the Office of the Federal Register. NMFS has
determined that the commercial ACL for South Atlantic red snapper will
be reached by August 30, 2019. Accordingly, the commercial sector for
South Atlantic red snapper is closed effective 12:01 a.m., local time,
August 30, 2019. For the 2020 fishing year, unless otherwise specified,
the commercial season will begin on the second Monday in July (50 CFR
622.183(b)(5)(i)).
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having red snapper onboard must have
landed and bartered, traded, or sold such red snapper prior to 12:01
a.m., local time, August 30, 2019. Because the recreational harvest
sector closed on July 21, 2019 (84 FR 7827), after the commercial
closure on August 30, 2019, all harvest and possession of red snapper
in the South Atlantic EEZ is prohibited.
On and after the effective date of the closure notification, all
sale or purchase of red snapper is prohibited. This prohibition on the
harvest, possession, sale or purchase apply in the South Atlantic on
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper has been issued,
without regard to where such species were harvested or possessed, i.e.,
in state or Federal waters (50 CFR 622.193(y)(1) and 622.181(c)(2)).
Classification
The Regional Administrator, Southeast Region, NMFS, 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 622.193(y)(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 NOAA Assistant Administrator for Fisheries (AA), finds that the
need to immediately implement this action to close 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 Amendment 43 to the FMP,
which established the commercial season and ACLs for red snapper, and
the accountability measures 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 red snapper 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 could 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.
[[Page 45438]]
Dated: August 26, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-18703 Filed 8-26-19; 4:15 pm]
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