Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Red Snapper, 55292 [2018-24182]
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Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
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[FR Doc. 2018–24062 Filed 11–2–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1710319998630–02]
RIN 0648–XG594
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2018
Commercial Accountability Measure
and Closure for South Atlantic Red
Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures for commercial
red snapper in the exclusive economic
zone (EEZ) of the South Atlantic. NMFS
projects commercial landings for red
snapper will reach the commercial
annual catch limit (ACL) for the 2018
fishing year. Therefore, NMFS is closing
the commercial sector for red snapper in
the South Atlantic EEZ on November 7,
2018. This closure is necessary to
protect the red snapper resource.
SUMMARY:
VerDate Sep<11>2014
16:30 Nov 02, 2018
Jkt 247001
This rule is effective 12:01 a.m.,
local time, November 7, through
December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes red snapper and is
managed under the Fishery
Management Plan for the SnapperGrouper 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 2018 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 the commercial
ACL is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial ACL for South Atlantic red
snapper will be reached by November 7,
2018. Accordingly, the commercial
sector for South Atlantic red snapper is
closed effective 12:01 a.m., local time,
November 7, 2018. For the 2019 fishing
year, NMFS will announce the
commercial season opening date in the
Federal Register. Unless otherwise
specified, the 2019 commercial season
will begin on the second Monday in July
(50 CFR 622.183(b)(5)(i)). NMFS notes
that the red snapper recreational sector
closed for the 2018 fishing year at 12:01
a.m., local time, August 20, 2018 (83 FR
35428; July 26, 2018). Therefore, as of
the commercial closure effective date,
all harvest and possession red snapper
in the South Atlantic EEZ will be
prohibited.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having red
snapper onboard must have landed and
bartered, traded, or sold such red
snapper prior to 12:01 a.m., local time,
November 7, 2018. On and after the
effective date of the closure notification,
all sale or purchase of red snapper is
prohibited. This prohibition on the
harvest, possession, sale/purchase apply
in the South Atlantic 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
DATES:
PO 00000
Frm 00046
Fmt 4700
Sfmt 9990
such species were harvested or
possessed, i.e., in state or Federal waters
(50 CFR 622.193(y)(1) and
622.181(c)(2)).
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of red snapper and the
South Atlantic snapper-grouper fishery
and is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.193(y)(1) 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.
This action responds to the best
scientific information available. The
NOAA Assistant Administrator for
Fisheries (AA), finds that the need to
immediately implement this action to
close the commercial sector for red
snapper constitutes good cause to waive
the requirements to provide prior notice
and opportunity for public comment
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing FMP Amendment 43,
which established the commercial
season and ACLs for red snapper, and
the accountability measures 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 red
snapper since the capacity of the fishing
fleet allows for rapid harvest of the
commercial ACL. Prior notice and
opportunity for public comment would
require time and could potentially result
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: October 31, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–24182 Filed 11–1–18; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\05NOR1.SGM
05NOR1
]]>Agencies
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Rules and Regulations]
[Page 55292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24182]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1710319998630-02]
RIN 0648-XG594
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2018 Commercial Accountability Measure and Closure for South Atlantic
Red Snapper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures for commercial red
snapper in the exclusive economic zone (EEZ) of the South Atlantic.
NMFS projects commercial landings for red snapper will reach the
commercial annual catch limit (ACL) for the 2018 fishing year.
Therefore, NMFS is closing the commercial sector for red snapper in the
South Atlantic EEZ on November 7, 2018. This closure is necessary to
protect the red snapper resource.
DATES: This rule is effective 12:01 a.m., local time, November 7,
through December 31, 2018.
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 2018 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 the commercial ACL is reached,
or is projected to be reached, by filing a notification to that effect
with the Office of the Federal Register. NMFS has determined that the
commercial ACL for South Atlantic red snapper will be reached by
November 7, 2018. Accordingly, the commercial sector for South Atlantic
red snapper is closed effective 12:01 a.m., local time, November 7,
2018. For the 2019 fishing year, NMFS will announce the commercial
season opening date in the Federal Register. Unless otherwise
specified, the 2019 commercial season will begin on the second Monday
in July (50 CFR 622.183(b)(5)(i)). NMFS notes that the red snapper
recreational sector closed for the 2018 fishing year at 12:01 a.m.,
local time, August 20, 2018 (83 FR 35428; July 26, 2018). Therefore, as
of the commercial closure effective date, all harvest and possession
red snapper in the South Atlantic EEZ will be prohibited.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having red snapper onboard must have
landed and bartered, traded, or sold such red snapper prior to 12:01
a.m., local time, November 7, 2018. On and after the effective date of
the closure notification, all sale or purchase of red snapper is
prohibited. This prohibition on the harvest, possession, sale/purchase
apply in the South Atlantic 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 or possessed, i.e., in state or Federal waters (50 CFR
622.193(y)(1) and 622.181(c)(2)).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
red snapper and the South Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(y)(1) 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.
This action responds to the best scientific information available.
The NOAA Assistant Administrator for Fisheries (AA), finds that the
need to immediately implement this action to close the commercial
sector for red snapper constitutes good cause to waive the requirements
to provide prior notice and opportunity for public comment pursuant to
the authority set forth in 5 U.S.C. 553(b)(B), as such procedures are
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the rule implementing FMP Amendment 43, which
established the commercial season and ACLs for red snapper, and the
accountability measures 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 red snapper since the
capacity of the fishing fleet allows for rapid harvest of the
commercial ACL. Prior notice and opportunity for public comment would
require time and could potentially result 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: October 31, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-24182 Filed 11-1-18; 4:15 pm]
BILLING CODE 3510-22-P
