[Federal Register Volume 85, Number 187 (Friday, September 25, 2020)]
[Rules and Regulations]
[Pages 60385-60386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21246]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200124-0029]
RTID 0648-XA497


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2020 Red Snapper Private 
Angling Component Accountability Measure in Federal Waters Off 
Louisiana

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

ACTION: Temporary rule, accountability measure.

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SUMMARY: Through this temporary rule, NMFS implements accountability 
measures (AMs) for the red snapper recreational sector private angling 
component in the Gulf of Mexico (Gulf) off Louisiana for the 2020 
fishing year. Based on information provided by the Louisiana Department 
of Wildlife and Fisheries (LDWF), NMFS has determined that the 2019 
Louisiana regional management area private angling component annual 
catch limit (ACL) for Gulf red snapper was exceeded. Therefore, NMFS 
reduces the 2020 private angling component ACL of Gulf red snapper for 
the Louisiana regional management area. This reduction will remain in 
effect through the remainder of the current fishing year on December 
31, 2020, and is necessary to protect the Gulf red snapper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
September 25, 2020, until 12:01 a.m., local time, on January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
red snapper, is managed under the Fishery Management Plan for the Reef 
Fish

[[Page 60386]]

Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf 
of Mexico Fishery Management Council (Council) and is implemented by 
NMFS under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) through regulations at 50 CFR 
part 622. All red snapper weights discussed in this temporary rule are 
in round weight.
    In 2015, Amendment 40 to the FMP established two components within 
the recreational sector fishing for red snapper: The private angling 
component, and the Federal charter vessel and headboat (for-hire) 
component (80 FR 22422, April 22, 2015). In 2020, NMFS implemented 
Amendments 50 A-F to the FMP, which delegated authority to the Gulf 
states (Louisiana, Mississippi, Alabama, Florida, and Texas) to 
establish specific management measures for the harvest of red snapper 
in Federal waters of the Gulf by the private angling component of the 
recreational sector (85 FR 6819, February 6, 2020). These amendments 
allocate a portion of the private angling ACL to each state, and each 
state is required to constrain landings to its allocation as part of 
state management.
    As described at 50 CFR 622.39(a)(2)(i), the Gulf red snapper 
recreational sector quota (ACL) is 7.399 million lb (3.356 million kg) 
and the recreational private angling component quota (ACL) is 4.269 
million lb (1.936 million kg). Also, as described at 50 CFR 
622.23(a)(1)(ii)(C), the Louisiana regional management area private 
angling component ACL is 816,233 lb (370,237 kg). Regulations at 50 CFR 
622.23(b) require that if a state's red snapper private angling 
component landings exceed the applicable state's component ACL, then in 
the following fishing year, that state's private angling ACL will be 
reduced by the amount of that ACL overage in the prior fishing year.
    For the 2019 fishing year, the Louisiana recreational red snapper 
private component (private vessel and state charter vessels) was 
managed under an exempted fishing permit with a state ACL of 816,439 lb 
(370,331 kg). Amendment 50F provided that any overage of the 2019 
Louisiana ACL would be applied to Louisiana's portion of the 2020 
private angling ACL. NMFS has determined that landings of red snapper 
off Louisiana for the private angling component, which includes 
landings for state charter vessels, in 2019 were 848,340 lb (384,801 
kg); which is 31,901 lb (14,470 kg) greater than 2019 Louisiana 
allocation of the private angling component ACL. Accordingly, for the 
2020 fishing year, this temporary rule reduces the Louisiana regional 
management area private angling component ACL for Gulf red snapper by 
the ACL overage amount of 31,901 lb (14,470 kg) and resulting in a 
revised private angling ACL for Louisiana of 784,332 lb (355,767 kg).
    On August 24, 2020, NMFS published a notice in the Federal Register 
reducing the 2020 recreational ACL and private angling ACL for Gulf red 
snapper as a result of a private angling ACL overage in 2019 for the 
Texas regional management area (85 FR 52055). This resulted in an 
adjusted 2020 recreational ACL for Gulf red snapper of 7,288,474 lb 
(3,305,996 kg) and an adjusted 2020 recreational private angling 
component ACL of 4,158,474 lb (1,886,252 kg). Consistent with the 
reduction in the Louisiana regional management area private angling 
component ACL, NMFS further reduces the 2020 total recreational ACL to 
7,256,573 lb (3,291,526 kg) and the total private angling component ACL 
to 4,126,573 lb (1,871,782 kg). The recreational private angling 
component ACLs for other Gulf state regional management areas (Texas, 
Mississippi, Alabama, and Florida) for 2020 are unaffected by this 
action. The reduction in the 2020 red snapper private angling component 
ACL for the Louisiana regional management area is effective at 12:01 
a.m., local time, on [insert date of publication with the Office of the 
Federal Register], and will remain in effect through the end of the 
fishing year on January 1, 2021.
    The LDWF is responsible for ensuring that 2020 private angling 
component landings in the Louisiana regional management area do not 
exceed the adjusted 2020 Louisiana ACL. NMFS understands that after the 
LDWF identified that an ACL overage had occurred in 2019, it adjusted 
the 2020 Louisiana red snapper private angling season to account for 
the reduction in the Louisiana ACL as required by the regulations at 50 
CFR 622.23(b) and implemented through this temporary rule.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required under 50 CFR 622.23(b) 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 is based on the best scientific information available. 
The Assistant Administrator for NOAA Fisheries (AA) finds that the need 
to implement this action to reduce the private angling component ACL 
for the Louisiana regional management area constitutes good cause to 
waive the requirements to provide prior notice and opportunity for 
public comment on this temporary rule pursuant to the authority set 
forth in 5 U.S.C. 553(b)(B), because such procedures are unnecessary 
and contrary to the public interest. Such procedures are unnecessary 
because the rule implementing the post-season ACL adjustment authority 
has already been subject to notice and comment, and all that remains is 
to notify the public of the ACL overage adjustment. Such procedures are 
contrary to the public interest because a failure to implement the ACL 
overage adjustment immediately may result in continued confusion among 
the public and Gulf state officials about what ACL is in effect for 
Louisiana for the 2020 fishing year.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of the action under 5 
U.S.C. 553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 22, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-21246 Filed 9-24-20; 8:45 am]
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