[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Rules and Regulations]
[Page 60373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23863]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004515-3608-02]
RIN 0648-XB540


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2021 Re-Opening of Commercial Harvest for South Atlantic Red Snapper

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

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS announces the reopening of the commercial sector for red 
snapper in the exclusive economic zone (EEZ) of the South Atlantic 
through this temporary rule. The most recent commercial landings of red 
snapper indicate that the commercial annual catch limit (ACL) for the 
2021 fishing year has not yet been reached. Therefore, NMFS reopens the 
commercial sector for red snapper in the South Atlantic EEZ for 4 
calendar days to allow the commercial ACL to be reached, while 
minimizing the risk of the commercial ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, November 2, 2021, 
until 12:01 a.m., local time, November 6, 2021.

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 red snapper 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.
    The commercial ACL for red snapper in the South Atlantic is 124,815 
lb (56,615 kg), round weight, as specified in 50 CFR 622.193(y)(1).
    Under 50 CFR 622.193(y)(1), NMFS is required to close the 
commercial sector for red snapper when landings reach, or are projected 
to reach, the commercial ACL by filing a notification to that effect 
with the Office of the Federal Register.
    NMFS previously projected that the commercial ACL for South 
Atlantic red snapper for the 2021 fishing year would be reached by 
September 14, 2021. Accordingly, NMFS published a temporary rule in the 
Federal Register to implement accountability measures to close the 
commercial sector for red snapper in the South Atlantic EEZ effective 
from September 14, 2021, through December 31, 2021 (86 FR 50861; 
September 13, 2021).
    However, recent landings data for red snapper indicate that the 
commercial ACL has not been yet been reached. Consequently, and in 
accordance with 50 CFR 622.8(c), NMFS temporarily reopens the 
commercial sector for red snapper effective at 12:01 a.m. on November 
2, 2021. The commercial sector will remain open for 4 calendar days, 
and the commercial trip limit remains at 75 lb (34 kg), gutted weight 
(50 CFR 622.191(a)(9)). Reopening the commercial sector for this 
limited time allows an additional opportunity for the commercial sector 
to harvest the commercial ACL for red snapper, while minimizing the 
risk of the commercial ACL being exceeded. For the 2022 fishing year, 
unless otherwise specified, the commercial season will begin on the 
second Monday in July (50 CFR 622.183(b)(5)(i)).
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having red snapper on board must have 
landed and bartered, traded, or sold such red snapper prior to 12:01 
a.m., eastern time, on November 6, 2021. Because the recreational 
sector closed on July 12, 2021 (86 FR 30393; June 8, 2021), the 
recreational bag and possession limit for red snapper in or from South 
Atlantic federal waters is zero. After the commercial sector reopening 
and subsequent closure that is effective on November 6, 2021, all 
harvest and possession of red snapper in or from the South Atlantic EEZ 
is prohibited for the remainder of the 2021 fishing year and until the 
fishery opens for the 2022 fishing year.
    On and after November 6, 2021, all sale or purchase of red snapper 
is prohibited. This prohibition on the harvest, possession, sale or 
purchase applies in the South Atlantic on a vessel for which a valid 
Federal commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, regardless if such species were 
harvested or possessed in state or Federal waters (50 CFR 622.193(y)(1) 
and 622.181(c)(2)).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(y)(1), 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 commercial season, ACL, and 
accountability measure for red snapper has already been subject to 
notice and comment, and all that remains is to notify the public of the 
reopening. Such procedures are contrary to the public interest because 
NMFS's updated information shows that the commercial harvest was 
prematurely closed, and this action should be immediately implemented 
to allow the commercial fishers the opportunity to harvest the 
commercial ACL over the 4-day reopening period.
    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.

    Dated: October 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-23863 Filed 10-28-21; 4:15 pm]
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