[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Rules and Regulations]
[Pages 62492-62493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24605]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160906822-7547-02; RTID 0648-XB566]


Snapper-Grouper Fishery of the South Atlantic; 2021 Commercial 
Accountability Measure and Closure of the Georgia, South Carolina, and 
North Carolina Hogfish Stock in the South Atlantic

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 
the commercial harvest of hogfish in the South Atlantic exclusive 
economic zone (EEZ) off Georgia, South Carolina, and North Carolina 
(Georgia-North Carolina) for the 2021 fishing year through this 
temporary rule. NMFS estimates that commercial landings of the Georgia-
North Carolina hogfish stock have reached the sector's annual catch 
limit (ACL). Therefore, NMFS closes the commercial sector for the 
Georgia-North Carolina hogfish stock on November 10, 2021. This closure 
is necessary to protect the hogfish resource.

DATES: This rule is effective 12:01 a.m., local time, November 10, 
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 hogfish 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 August 24, 2017, NMFS implemented management measures for 
hogfish through a final rule for Amendment 37 to the FMP (82 FR 34584; 
July 25, 2017). For South Atlantic hogfish, that final rule set 
management and AMs as two stocks: Georgia, South Carolina, and North 
Carolina (Georgia-North Carolina), and Florida Keys/East Florida 
(Florida Keys-East Florida). It also specified fishing levels and AMs 
for those stocks, according to each sector. The commercial inseason AM 
for Georgia-North Carolina states that if commercial landings reach or 
are projected to reach the commercial ACL, then the commercial sector 
will be closed for the remainder of the fishing year (50 CFR 
622.193(u)(1)(i)(A)).
    The commercial ACL for the Georgia-North Carolina hogfish stock is 
23,456 lb (10,639 kg), round weight (50 CFR 622.193(u)(1)(iii)(A)). The 
NMFS Southeast Fisheries Science Center indicates that the commercial 
ACL for the Georgia-North Carolina hogfish stock has been reached. 
Therefore, this temporary rule implements an AM to close the commercial 
sector of the Georgia-North Carolina hogfish stock for the remainder of 
the 2021 fishing year. As a result, the 2021 commercial harvest for the 
Georgia-North Carolina hogfish stock in Federal waters of the South 
Atlantic EEZ will be closed effective 12:01 a.m., local time, November 
10, 2021. During the closure, the recreational bag and possession 
limits for the Georgia-North Carolina hogfish stock in or from South 
Atlantic Federal waters is two fish per person, per day.
    All sale or purchase of hogfish in or from Federal waters of the 
South Atlantic off Georgia, South Carolina, and North Carolina is 
prohibited, and harvest or possession of this species is limited to the 
bag and possession limits while the recreational sector is open. These 
bag and possession limits apply to the Georgia-North Carolina hogfish 
stock on board a vessel for which a valid Federal commercial or charter 
vessel/headboat permit for South Atlantic snapper-grouper has been 
issued, without regard to where such species were harvested, i.e., in 
state or Federal waters (50 CFR 622.193(u)(1)(i)(A)).

[[Page 62493]]

    Commercial harvest for the 2022 fishing year for the Georgia-North 
Carolina hogfish stock in South Atlantic Federal waters will open at 
12:01 a.m., local time, on January 1, 2022.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 50 CFR 
622.193(u)(1)(i)(A), 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 ACL and AMs for 
hogfish 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 Georgia-North Carolina hogfish 
stock. The commercial ACL for the Georgia-North Carolina hogfish stock 
in the South Atlantic has been reached and prior notice and opportunity 
for public comment would require time, resulting in a harvest well in 
excess of the established commercial 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.

    Dated: November 5, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-24605 Filed 11-5-21; 4:15 pm]
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