[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50334-50335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20779]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XS012
Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational
Accountability Measure and Closure for South Atlantic Red 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 the red
grouper recreational sector in the exclusive economic zone (EEZ) of the
South Atlantic for the 2019 fishing year through this temporary rule.
NMFS estimates recreational landings of red grouper in 2019 have
exceeded the recreational annual catch limit (ACL). Therefore, NMFS
closes the red grouper recreational sector in the South Atlantic EEZ at
12:01 a.m., local time, on September 25, 2019, for the remainder of the
2019 fishing year. This closure is necessary to protect the red grouper
resource.
DATES: This rule is effective 12:01 a.m., local time, September 25,
2019, until 12:01 a.m., local time, 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 red 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.
In August of 2018, as a result of the determination that red
grouper was undergoing overfishing, the final rule for Abbreviated
Framework Amendment 1 to the FMP (83 FR 35435; July 26, 2018) reduced
the red grouper ACL to 84,000 lb (38,102 kg), round weight, for 2019
(Sec. 622.193(d)(2)(ii)). In accordance with regulations at 50 CFR
622.193(d)(2)(i), if recreational landings of red grouper are projected
to reach the recreational ACL, the Assistant Administrator for NOAA
Fisheries (AA) will file a notification with the Office of the Federal
Register to close the recreational sector for the remainder of the
fishing year regardless if the stock is overfished, unless NMFS
determines that no closure is necessary based on the best scientific
information available. The NMFS Southeast Fisheries Science Center has
estimated that the red grouper recreational ACL for 2019 has been
exceeded. Therefore, this temporary rule implements the AM to close the
red grouper recreational sector for the remainder of the 2019 fishing
year. The recreational sector for red grouper in the South Atlantic EEZ
will be closed effective 12:01 a.m., local time September 25, 2019,
through December 31, 2019. During the recreational closure, the bag and
possession limits for red grouper in or from the South Atlantic EEZ are
zero.
NMFS notes that while the 2020 fishing year begins on January 1,
the commercial and recreational harvest of red grouper is prohibited
annually from January through April of each year (Sec. 622.183(b)(1)).
Therefore, the recreational sector for red grouper will reopen on May
1, 2020, the beginning of the recreational fishing season. The
recreational ACL for 2020 and subsequent fishing years is 90,720 lb
(41,150 kg), round weight (Sec. 622.193(d)(2)(ii)).
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of South Atlantic red grouper and is consistent with the
FMP, the Magnuson-Stevens Act, and other applicable laws.
[[Page 50335]]
This action is taken under 50 CFR 622.193(d)(2)(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 AA finds that the need to immediately implement this action to
close the recreational sector for red grouper constitutes good cause to
waive the requirements to provide prior notice and opportunity for
public comment on this temporary rule pursuant to 5 U.S.C. 553(b)(B),
because such procedures are unnecessary and contrary to the public
interest. Such procedures are unnecessary because the AM implementing
the recreational closure has already been subject to notice and
comment. All that remains is to notify the public of the recreational
closure for red grouper for the remainder of the 2019 fishing year.
Prior notice and opportunity for comment are contrary to the public
interest because of the need to immediately implement this action to
protect the red grouper resource. Time required for notice and public
comment would allow for continued recreational harvest and further
exceedance of the recreational 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: September 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-20779 Filed 9-20-19; 4:15 pm]
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