[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Rules and Regulations]
[Page 47871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12219]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 231127-0277; RTID 0648-XE001]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2024 Commercial Closure for Snowy Grouper 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 an accountability measure (AM) for the 
commercial harvest of snowy grouper in South Atlantic Federal waters. 
NMFS projects commercial landings of snowy grouper will reach the 
commercial quota for the January through June season. Therefore, NMFS 
closes Federal waters in the South Atlantic for the commercial harvest 
of snowy grouper until the July through December season begins. This 
closure is necessary to protect the snowy grouper resource.

DATES: This temporary rule is effective from June 4, 2024, through June 
30, 2024.

FOR FURTHER INFORMATION CONTACT: Jack McGovern, NMFS Southeast Regional 
Office, phone: 727-204-5518, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes snowy grouper 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 NMFS, 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. All 
weights described in this temporary rule are in gutted weight.
    The commercial annual catch limit (ACL) for snowy grouper in 2024 
is 106,174 pounds (lb) or 48,160 kilograms (kg). The commercial ACL is 
divided into two commercial quotas, one quota for each 6-month fishing 
season. Seventy percent of the commercial quota is allocated for the 
January through June commercial fishing season and is 74,322 lb (33,712 
kg) for 2024. The remaining 30 percent of the commercial ACL and 
commercial quota for the July through December fishing season is 31,852 
lb (14,448 kg) for 2024. 50 CFR 622.190(a)(1)(i)(B) and (ii)(B). Any 
commercial quota remaining from the first season is added to the 
commercial quota in second season, but any commercial quota remaining 
from the second season is not carried forward into the next fishing 
year.
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial quota specified 
in 50 CFR 622.190(a)(1) is reached or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. NMFS projects that commercial landings of snowy grouper will 
reach the commercial quota for January through June 2024 by June 4, 
2024. Accordingly, the commercial sector for South Atlantic snowy 
grouper is closed starting on June 4, 2024, and remains closed until 
the start of the next commercial fishing season on July 1, 2024.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having snowy grouper on board must have 
landed and bartered, traded, or sold such snowy grouper before June 4, 
2024. During the commercial closure, harvest and possession of snowy 
grouper in or from South Atlantic Federal waters is limited to the bag 
and possession limits, as specified in Sec.  622.187(b)(2)(ii) and 
(c)(1). Also during the commercial closure, the sale or purchase of 
snowy grouper taken from South Atlantic Federal waters is prohibited. 
The prohibition on sale or purchase does not apply to the sale or 
purchase of snowy grouper that were harvested, landed ashore, and sold 
before June 4, 2024, and were held in cold storage by a dealer or 
processor.
    For a person on a vessel issued a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper, the 
bag and possession limits and the sale and purchase provisions during 
the commercial closure for snowy grouper apply regardless of whether 
the fish are harvested in state or Federal waters, as specified in 50 
CFR 622.190(c)(1)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(b)(1), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment as such procedures are 
unnecessary and contrary to the public interest. Such procedures are 
unnecessary because the regulations associated with the commercial 
quota for South Atlantic snowy grouper have already been subject to 
notice and comment, and all that remains is to notify the public of the 
commercial closure for the remainder of the January through June 
fishing season this year. Prior notice and opportunity for public 
comment on this action is contrary to the public interest because of 
the need to immediately implement the commercial closure to protect 
South Atlantic snowy grouper, because the capacity of the fishing fleet 
allows for rapid harvest of the commercial quota. Prior notice and 
opportunity for public comment would require time and would potentially 
result in a harvest that exceeds the commercial quota.
    For the reasons just stated, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in the effective date of this 
action.

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

    Dated: May 29, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-12219 Filed 5-30-24; 4:15 pm]
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