[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Rules and Regulations]
[Page 51276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19825]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2081-04; RTID 0648-XB410]


Reef Fish Fishery of the Gulf of Mexico; 2021 Recreational 
Accountability Measure and Closure for Gulf of Mexico 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 an accountability measure (AM) for the red 
grouper recreational sector in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) for the 2021 fishing year through this temporary 
rule. NMFS has projected that the 2021 recreational annual catch limit 
(ACL) for Gulf red grouper has been met. Therefore, NMFS closes the 
recreational sector for Gulf red grouper on September 15, 2021, and it 
will remain closed through the end of the fishing year on December 31, 
2021. This closure is necessary to protect the Gulf red grouper 
resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
September 15, 2021, until 12:01 a.m., local time, on January 1, 2022.

FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional 
Office, telephone: 727-551-5719, email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes red grouper, 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) through regulations at 50 CFR 
part 622. All red grouper weights discussed in this temporary rule are 
in gutted weight.
    The recreational ACL for Gulf red grouper is 1,000,000 lb (450,000 
kg), and the recreational annual catch target (ACT) is 920,000 lb 
(420,000 kg) (50 CFR 622.41(e)(2)(iv)).
    As specified in 50 CFR 622.41(e)(2)(i), NMFS is required to close 
the recreational sector for red grouper when the recreational ACL is 
reached or is projected to be reached by filing a notification to that 
effect with the Office of the Federal Register. Based on information 
received on September 1, 2021, NMFS has determined the 2021 
recreational ACL for Gulf red grouper was met as of June 30, 2021. 
Accordingly, this temporary rule closes the recreational sector for 
Gulf red grouper effective at 12:01 a.m., local time, on September 15, 
2021, and it will remain closed through the end of the fishing year on 
December 31, 2021.
    During the recreational closure, the bag and possession limits for 
red grouper in or from the Gulf EEZ are zero. The prohibition on 
possession of Gulf red grouper also applies in Gulf state waters for 
any vessel issued a valid Federal charter vessel/headboat permit for 
Gulf reef fish.
    Because the 2021 recreational ACL for Gulf red grouper has been 
exceeded, NMFS will file a notice with the Office of the Federal 
Register to reduce the length of the 2022 Gulf recreational red grouper 
fishing season by the amount necessary to ensure Gulf red grouper 
recreational landings in 2022 do not exceed the recreational ACT (50 
CFR 622.41(e)(2)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(e)(2)(i), which 
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and 
is exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
closure of the red grouper recreational sector at 50 CFR 
622.41(e)(2)(i) have already been subject to notice and public comment, 
and all that remains is to notify the public of the closure. Prior 
notice and opportunity for public comment are contrary to the public 
interest because there is a need to immediately implement this action 
to protect the red grouper stock. The recreational ACL for red grouper 
has already been exceeded. Prior notice and opportunity for public 
comment would require time and could result in a harvest well in excess 
of the established ACL.
    For the aforementioned reasons, the Assistant Administrator 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 9, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-19825 Filed 9-10-21; 4:15 pm]
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