[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54943-54944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19517]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004515-3608-02; RTID 0648-XA427]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 Commercial 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 an accountability measure for red snapper in 
the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects 
commercial landings of red snapper have reached the commercial annual 
catch limit (ACL) for the 2020 fishing year. Therefore, NMFS is closing 
the commercial sector for red snapper in the South Atlantic EEZ on 
September 5, 2020. This closure is necessary to protect the red snapper 
resource.

DATES: This temporary rule is effective from 12:01 a.m., eastern time, 
on September 5, 2020, through December 31, 2020.

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 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 
September 5, 2020. Accordingly, the commercial sector for South 
Atlantic red snapper is closed effective at 12:01 a.m., eastern time, 
on September 5, 2020. For the 2021 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 on board must have 
landed and bartered, traded, or sold such red snapper prior to 12:01 
a.m., eastern time, on September 5, 2020. Because the recreational 
sector closed on July 18, 2020 (85 FR 36165, June 15, 2020), after the 
commercial sector closure that is effective on September 5, 2020, all 
harvest and possession of red snapper in or from the South Atlantic EEZ 
is prohibited for the remainder of the 2020 fishing year.
    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 a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, regardless 
if such species were harvested or possessed in state or Federal waters 
(50 CFR 622.193(y)(1) and 622.181(c)(2)).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(y)(1), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 
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

[[Page 54944]]

unnecessary and contrary to the public interest. Such procedures are 
unnecessary because the rule that established the commercial season, 
ACL, and accountability measure for red snapper 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 because 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.

    Dated: August 31, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2020-19517 Filed 8-31-20; 4:15 pm]
BILLING CODE 3510-22-P