[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Rules and Regulations]
[Pages 54872-54873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21674]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140818679-5356-02; RTID 0648-XB465]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; Reopening of the Red Snapper 
Recreational For-Hire Fishing Season in the Gulf of Mexico

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

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS is temporarily reopening the recreational fishing season 
for the Federal charter vessel/headboat (for-hire) component for red 
snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico 
(Gulf) through this temporary rule. The most recent landings data for 
the red snapper for-hire component in the Gulf indicates the component 
annual catch target (ACT) for the 2021 fishing year has not yet been 
reached. The red snapper recreational for-hire component in the Gulf 
EEZ will reopen for 22 days to allow harvest of the remaining for-hire 
component ACT. NMFS intends this action to increase benefits to for-
hire fisherman while protecting the Gulf red snapper resource by 
continuing to constrain harvest to the component quota.

DATES: This temporary rule is effective from 12:01 a.m., local time, on 
October 15, 2021, through 12:01 a.m., local time, on November 6, 2021.

FOR FURTHER INFORMATION CONTACT: Daniel Luers, NMFS Southeast Regional 
Office, telephone: 727-551-5719, 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

[[Page 54873]]

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. The 
Federal for-hire component's red snapper annual catch target (ACT) is 9 
percent below the for-hire component quota (85 FR 9684, February 20, 
2020; 50 CFR 622.41(q)(2)(iii)(B)). The measures in Amendment 40 were 
subsequently extended indefinitely through Amendment 45 to the FMP (81 
FR 86971; December 2, 2016).
    The red snapper for-hire component seasonal closure is projected 
from the component ACT. Projecting the for-hire component's seasonal 
closure using the ACT reduces the likelihood of the harvest exceeding 
the component quota and the total recreational quota.
    All weights described in this temporary rule are in round weight.
    The Federal for-hire component 2021 ACT for red snapper in the Gulf 
EEZ is 2.848 million lb (1.292 million kg) (50 CFR 
622.41(q)(2)(iii)(B)).
    The 2021 Federal Gulf red snapper for-hire fishing season was 
previously determined to be 63 days based on NMFS' projection of the 
date landings were expected to reach the component ACT. For details 
about the calculation of the projection for 2021, see https://www.fisheries.noaa.gov/southeast/sustainable-fisheries/gulf-mexico-recreational-red-snapper-management. NMFS previously announced in the 
Federal Register that the 2021 recreational season for the Federal for-
hire component would begin at 12:01 a.m., local time, on June 1, 2021, 
and close at 12:01 a.m., local time, on August 3, 2021 (86 FR 15430; 
March 23, 2021).
    However, the most recent landings data for the Gulf red snapper 
for-hire component plus projected landings for data that is not yet 
available indicate that approximately 670,113 lb (303,958 kg) of the 
for-hire component ACT remains. NMFS projects that this amount of the 
remaining ACT will be harvested in 22 days.
    Therefore, in accordance with 50 CFR 622.8(c), NMFS reopens the 
Gulf red snapper Federal for-hire component for 22 days to allow the 
component ACT to be harvested. The recreational season for the Federal 
for-hire component will reopen at 12:01 a.m., local time, on October 
15, 2021, and close at 12:01 a.m., local time, on November 6, 2021. 
When the for-hire component closes again on November 6, 2021, the bag 
and possession limits for red snapper for Federal for-hire vessels are 
zero. When the Federal for-hire component is closed, these bag and 
possession limits apply in the Gulf on board a vessel for which a valid 
Federal for-hire permit for Gulf reef fish has been issued, without 
regard to where such species were harvested, i.e., in state or Federal 
waters. In addition, a person aboard a vessel that has been issued a 
charter vessel/headboat permit for Gulf reef fish any time during the 
fishing year may not harvest or possess red snapper in or from the Gulf 
EEZ when the Federal charter vessel/headboat component is closed.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is taken under 50 CFR 622.8(c), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866, and other applicable 
laws.
    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 regulation at 50 CFR 
622.8(c) has already has already been subject to notice and public 
comment, and all that remains is to notify the public that additional 
harvest is available under the established Federal for-hire component 
ACT, and therefore, the Federal for-hire component for Gulf red snapper 
will reopen. Such procedures are contrary to the public interest 
because many for-hire operations book trips for clients in advance and 
require as much notice as NMFS is able to provide to adjust their 
business plans to account for the reopening of the fishing season. 
Additionally, a reopening of the component in October instead of later 
in the fishing year is preferable because it may reduce the likelihood 
of encountering inclement weather that generally occurs with greater 
frequency later in the fishing year.

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

    Dated: September 30, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-21674 Filed 9-30-21; 4:15 pm]
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