[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Page 54657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21527]



[[Page 54657]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217097-1757-02; RTID 0648-XB450]


Reef Fish Fishery of the Gulf of Mexico; 2021 Commercial and 
Recreational Accountability Measure and Closures for Gulf of Mexico 
Lane 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 (AM) for the lane 
snapper commercial and recreational sectors 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 stock 
annual catch limit (ACL) for Gulf lane snapper will be reached by 
October 18, 2021. Therefore, NMFS closes the commercial and 
recreational sectors for Gulf lane snapper on October 18, 2021, and 
they will remain closed through the end of the current fishing year on 
December 31, 2021. These closures are necessary to protect the Gulf 
lane snapper resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
October 18, 2021, until 12:01 a.m., local time, on January 1, 2022.

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

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes lane snapper, 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 (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 lane snapper weights discussed in 
this temporary rule are in round weight.
    The stock ACL for Gulf lane snapper is 301,000 lb (136,531 kg). As 
specified in 50 CFR 622.41(k), if during a fishing year the sum of the 
commercial and recreational lane snapper landings exceeds the stock 
ACL, then during the following fishing year, if the sum of commercial 
and recreational landings reaches or is projected to reach the stock 
ACL, NMFS is required to close the commercial and recreational sectors 
for the remainder of that fishing year. In the 2020 fishing year, lane 
snapper landings exceeded the stock ACL by 57,638 lb (26,144 kg). For 
the 2021 fishing year, NMFS has determined that the 2021 stock ACL for 
Gulf lane snapper will be reached by October 18, 2021. Accordingly, 
this temporary rule closes the commercial and recreational sectors for 
Gulf lane snapper effective at 12:01 a.m., local time, on October 18, 
2021, and both sectors will remain closed through the end of the 
current fishing year on December 31, 2021.
    During the commercial and recreational closures, the commercial 
sale or purchase of lane snapper taken from the Gulf EEZ is prohibited 
and all harvest or possession in or from the Gulf EEZ of lane snapper 
is prohibited. The prohibition on possession of Gulf lane snapper also 
applies in Gulf state waters for a vessel issued a valid Federal 
charter vessel/headboat permit for Gulf reef fish. During the closures, 
the operator of a vessel with a valid commercial vessel permit for Gulf 
reef fish having lane snapper on board must have landed and bartered, 
traded, or sold such lane snapper prior to 12:01 a.m., local time, on 
October 18, 2021. The prohibition on the sale or purchase of lane 
snapper does not apply to fish that were harvested, landed ashore, and 
sold prior to 12:01 a.m., local time, on October 18, 2021, and were 
held in cold storage by a dealer or processor.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(k), 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 lane snapper commercial and recreational sectors at 50 
CFR 622.41(k) 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 lane snapper stock and provide vessel owners and 
operators with as much time as possible to adjust their planned 
fishing. Prior notice and opportunity for public comment would require 
time and would potentially allow the sectors to exceed the stock 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 29, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-21527 Filed 9-29-21; 4:15 pm]
BILLING CODE 3510-22-P