[Federal Register Volume 86, Number 179 (Monday, September 20, 2021)]
[Rules and Regulations]
[Page 52104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20287]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180720681-8999-02; RTID 0648-XB426]


Snapper-Grouper Fishery of the South Atlantic; 2021 Recreational 
Accountability Measure and Closure for South Atlantic Golden Tilefish

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) applicable to 
recreational harvest of golden tilefish in the exclusive economic zone 
(EEZ) of the South Atlantic for the 2021 fishing year through this 
temporary rule. NMFS estimates that recreational landings of golden 
tilefish in 2021 have exceeded the recreational annual catch limit 
(ACL). Therefore, NMFS closes the golden tilefish recreational sector 
in the South Atlantic EEZ on September 20, 2021. This closure is 
necessary to protect the golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, September 20, 
2021, until 12:01 a.m., local time, January 1, 2022.

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 golden tilefish 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.
    On January 4, 2019, NMFS implemented management measures for golden 
tilefish through a final rule for Amendment 28 to the Snapper-Grouper 
FMP (83 FR 233; December 4, 2018). That final rule set a recreational 
ACL of 2,316 fish (50 CFR 622.193(a)(2)(i)) and revised the 
recreational AM. The inseason recreational AM states that if 
recreational landings reach or are projected to reach the recreational 
ACL, then the recreational sector will be closed for the remainder of 
the fishing year (50 CFR 622.193(a)(2)(i)).
    Landings data from the NMFS Southeast Fisheries Science Center 
indicate that the golden tilefish recreational ACL of 2,316 fish has 
been reached. Therefore, this temporary rule implements an AM to close 
the golden tilefish recreational sector of the snapper-grouper fishery 
for the remainder of the 2021 fishing year. As a result, the 
recreational sector for golden tilefish in the South Atlantic EEZ will 
be closed effective 12:01 a.m., local time September 20, 2021. The 
recreational sector for golden tilefish will open on January 1, 2022, 
the beginning of the 2022 fishing year and the recreational fishing 
season. During the closure, the bag and possession limits for golden 
tilefish in or from the South Atlantic EEZ are zero.
    NMFS also closed the commercial sector for golden tilefish for the 
remainder of the 2021 fishing year (86 FR 29209; June 1, 2021). 
Therefore, as of the date of this recreational closure, all harvest and 
possession of golden tilefish in the South Atlantic EEZ is prohibited.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(a)(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), the NMFS Assistant Administrator 
(AA) finds good cause to waive prior notice and an opportunity for 
public comment on this action, as notice and comment are unnecessary 
and contrary to the public interest. Such procedures are unnecessary 
because the rule that established the recreational ACL and AM for 
golden tilefish 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 the golden tilefish stock. The 
recreational ACL has been reached and prior notice and opportunity for 
public comment would require time, potentially resulting in a harvest 
well in excess of the established 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.

Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-20287 Filed 9-15-21; 4:15 pm]
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