[Federal Register Volume 85, Number 235 (Monday, December 7, 2020)]
[Rules and Regulations]
[Pages 78792-78793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26797]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200124-0029; RTID 0648-XA680]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2021 Red Snapper Private 
Angling Component Closures in Federal Waters off Texas

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces closures for the 2021 fishing season for the 
red snapper private angling component in the exclusive economic zone 
(EEZ) off Texas in the Gulf of Mexico (Gulf) through this temporary 
rule. The red snapper recreational private angling component in the 
Gulf EEZ off Texas will close on January 1, 2021, until 12:01 a.m., 
local time, on June 1, 2021.

[[Page 78793]]

This closure is necessary to prevent the private angling component from 
exceeding the Texas regional management area annual catch limit (ACL) 
and to prevent overfishing of the Gulf red snapper resource.

DATES: This closure is effective at 12:01 a.m., local time, on January 
1, 2021, until 12:01 a.m., local time, on June 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 Resources of the Gulf of Mexico (FMP). The FMP was prepared by the 
Gulf of Mexico 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 final rule implementing Amendment 40 to the FMP established two 
components within the recreational sector fishing for Gulf red snapper: 
The private angling component, and the Federal for-hire component (80 
FR 22422, April 22, 2015). Amendment 40 also allocated the red snapper 
recreational ACL (recreational quota) between the components and 
established separate seasonal closures for the two components. On 
February 6, 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 described at 50 CFR 622.23(c), a Gulf state with an active 
delegation may request that NMFS close all, or an area of, Federal 
waters off that state to the harvest and possession of red snapper by 
private anglers. The state is required to request the closure by letter 
to NMFS, providing dates and geographic coordinates for the closure. If 
the request is within the scope of the analysis in Amendment 50A, NMFS 
publishes a notice in the Federal Register implementing the closure for 
the fishing year. Based on the analysis in Amendment 50A, Texas may 
request a closure of all Federal waters off the state to allow a year-
round fishing season in state waters. As described at 50 CFR 622.2, 
``off Texas'' is defined as the waters in the Gulf west of a rhumb line 
from 29[deg]32.1' N Lat., 93[deg]47.7' W long. to 26[deg]11.4' N Lat., 
92[deg]53' W long., which line is an extension of the boundary between 
Louisiana and Texas.
    On November 20, 2020, NMFS received a request from the Texas Parks 
and Wildlife Department (TPWD) to close the EEZ off Texas to the red 
snapper private angling component during the 2021 fishing year. Texas 
requested that the closure be effective from January 1 through May 31, 
2021. NMFS has determined that this request is within the scope of 
analysis contained within Amendment 50A, which analyzed the potential 
impacts of a closure of all Federal waters off Texas when a portion of 
the Texas quota may still be landed and is consistent with the Reef 
Fish FMP. As explained in Amendment 50A, Texas intends to maintain a 
year-round fishing season in state waters during which a part of Texas' 
ACL could be caught.
    Therefore, the red snapper recreational private angling component 
in the Gulf EEZ off Texas will close at 12:01 a.m., local time, on 
January 1, 2021, until 12:01 a.m., local time, on June 1, 2021. This 
closure applies to all private-anglers (those on board vessels that 
have not been issued a valid charter vessel/headboat permit for Gulf 
reef fish) regardless of which state they are from or where they intend 
to land. Once the EEZ off Texas opens on June 1, 2021, TPWD will 
continue to monitor private recreational landings, and if necessary, 
will request that NMFS again close the EEZ in 2021 to ensure the Texas 
regional management area ACL is not exceeded.
    On and after the effective dates of these closures in the EEZ off 
Texas, the harvest and possession red snapper in the EEZ off Texas by 
the private angling component is prohibited and the bag and possession 
limits for the red snapper private angling component in the closed area 
is zero.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of Gulf red snapper and is consistent with the FMP, the 
Magnuson-Stevens Act, and other applicable laws.
    This action is taken under 50 CFR 622.23(c) 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 close the Federal private angling component 
of the red snapper recreational sector in the EEZ off Texas constitute 
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 area closure authority 
and the state-specific private angling ACLs 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 a 
failure to implement the closure immediately may result an overage of 
the Texas ACL and less access to red snapper in state waters.

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

    Dated: December 1, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-26797 Filed 12-4-20; 8:45 am]
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