Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; 2019 Red Snapper Commercial and Recreational Fishing Seasons, 7827-7828 [2019-03933]

Download as PDF Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Rules and Regulations Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the State, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. amozie on DSK9F9SC42PROD with RULES B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 6, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action pertaining to ACHD’s voluntary withdrawal from EPA’s delegation of authority to enforce the chemical accident prevention regulations under the Clean Air Act (CAA) may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects in 40 CFR Part 63 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, VerDate Sep<11>2014 16:03 Mar 04, 2019 Jkt 247001 Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: February 14, 2019. Cosmo Servidio, Regional Administrator, Region III. 40 CFR part 63 is amended as follows: PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. 2. Section 63.99 is amended by revising paragraph (a)(39)(v) to read as follows: ■ § 63.99 Delegated Federal authorities. (a) * * * (39) * * * (v) Allegheny County is not delegated the authority to implement and enforce the provisions of 40 CFR part 68 and all future unchanged amendments to 40 CFR part 68 at sources within Allegheny County, in accordance with the final rule, dated March 5, 2019, effective April 4, 2019. * * * * * [FR Doc. 2019–03849 Filed 3–4–19; 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–XG821 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Resources of the South Atlantic; 2019 Red Snapper Commercial and Recreational Fishing Seasons National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; 2019 fishing seasons notification. AGENCY: NMFS announces the limited opening of commercial and recreational red snapper in the exclusive economic zone (EEZ) of the South Atlantic for the 2019 fishing year. This notice announces the red snapper commercial SUMMARY: PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 7827 season opening date and the opening and closing dates for the red snapper recreational season, according to the accountability measures (AMs). This season announcement for South Atlantic red snapper allows fishers to maximize their opportunity to harvest the commercial and recreational annual catch limits (ACLs) while also managing harvest to protect the red snapper resource. DATES: The 2019 commercial red snapper season opens at 12:01 a.m., local time, July 8, 2019. The 2019 recreational red snapper season opens at 12:01 a.m., local time, on July 12, 2019, and closes at 12:01 a.m., local time, on July 15, 2019; then reopens at 12:01 a.m., local time, on July 19, 2019, and closes at 12:01 a.m., local time, on July 21, 2019, unless changed by subsequent notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS Southeast Regional Office, telephone: 727–824–5305, email: nikhil.mehta@noaa.gov. SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery includes red snapper and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The South Atlantic Fishery Management Council prepared the FMP, and the FMP 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 Regulatory Amendment 43 to the FMP (83 FR 35428; July 26, 2018) describes red snapper management measures including the specific timing for red snapper commercial and recreational fishing seasons. The final rule also revised the commercial and recreational ACLs for red snapper. The commercial AM requires the sector to close when commercial landings reach or are projected to reach the commercial ACL. The recreational AM is the length of the recreational season, with NMFS projecting the season length based on catch rate estimates from previous years. The commercial ACL is 124,815 lb (56,615 kg), and this ACL was not exceeded in 2018. The recreational ACL is 29,656 fish, and preliminary landings information show this ACL was exceeded in the 6-day fishing season in 2018. For 2019, NMFS has determined that the landings from the recreational sector is expected to reach the recreational ACL in 5 days. For South Atlantic red snapper, the commercial season begins each year on the second Monday in July and closes E:\FR\FM\05MRR1.SGM 05MRR1 7828 Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Rules and Regulations amozie on DSK9F9SC42PROD with RULES when the commercial ACL is reached or is projected to be reached. Accordingly, the 2019 commercial season opens on July 8, 2019. The commercial season will remain open until 12:01 a.m., local time, on January 1, 2020, unless the commercial ACL is reached or projected to be reached prior to this date. During the commercial fishing season, the commercial trip limit is 75 lb (34 kg), gutted weight. NMFS will monitor commercial landings during the open season, and if commercial landings reach or are projected to reach the commercial ACL, then NMFS will file a notification with the Office of the Federal Register to close the commercial sector for red snapper for the remainder of the fishing year. The recreational season begins on the second Friday in July. Accordingly, the 2019 recreational red snapper season opens at 12:01 a.m., local time, on July 12, 2019, and closes at 12:01 a.m., local time, on July 15, 2019; then reopens at 12:01 a.m., local time, on July 19, 2019, and closes at 12:01 a.m., local time, on July 21, 2019. During the recreational season, the recreational bag limit is one red snapper per person, per day. After the recreational sector closure, the bag and possession limits for red snapper are zero. Additionally, during both the commercial and recreational open seasons, there is not a red snapper minimum or maximum size limit for either sector. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic red snapper and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.183(b)(5)(i) and 622.193(y) 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 Assistant Administrator for Fisheries, NOAA (AA), finds that the need to implement the notice of the dates for the red snapper fishing seasons 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), because prior notice and opportunity for public comment on this temporary rule VerDate Sep<11>2014 16:03 Mar 04, 2019 Jkt 247001 is unnecessary. Such procedures are unnecessary, because the rule establishing the red snapper ACLs and AMs has already been subject to notice and comment, and all that remains is to notify the public of the respective commercial and recreational fishing seasons. Additionally, announcing the fishing seasons now allows each sector to prepare for the upcoming harvest and provides opportunity to for-hire fishing vessels to book trips that could increase their revenues and profits. Authority: 16 U.S.C. 1801 et seq. Dated: February 28, 2019. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–03933 Filed 3–4–19; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 180724688–9135–02] RIN 0648–BI39 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Revisions to Red Snapper and Hogfish Management Measures National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS issues regulations to implement management measures described in two framework actions to the Fishery Management Plan (FMP) for the Reef Fish Resources of the Gulf of Mexico (Gulf), as prepared by the Gulf of Mexico Fishery Management Council (Council). The framework actions are titled ‘‘Modify the Annual Catch Limit (ACL) for the Gulf Red Snapper and Hogfish Stocks’’ (ACL Framework Action) and ‘‘Modify the Red Snapper Recreational Annual Catch Targets (ACT)’’ (ACT Framework Action). This final rule modifies Gulf red snapper commercial and recreational ACLs (quotas) and ACTs, as well as the Gulf hogfish (West Florida stock) stock ACL, as a result of recent stock assessments for each species. Additionally, this final rule reduces the Federal charter vessel/ headboat (for-hire) component’s red snapper ACT buffer to a level that will allow a greater harvest in 2019 while continuing to constrain landings to the SUMMARY: PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 component and total recreational ACLs. The purposes of this final rule are to respond to updated stock assessment information, maximize socio-economic opportunities for red snapper in the Federal for-hire component, and to continue to achieve optimum yield (OY) for each stock. DATES: This final rule is effective April 4, 2019. ADDRESSES: Electronic copies of the two framework actions, each including an environmental assessment, a regulatory impact review, and a Regulatory Flexibility Act (RFA) analysis, may be obtained from the Southeast Regional Office website at https:// www.fisheries.noaa.gov/action/ framework-action-modificationrecreational-red-snapper-annual-catchtarget-buffers-0. FOR FURTHER INFORMATION CONTACT: Peter Hood, NMFS Southeast Regional Office, telephone: 727–824–5305, email: peter.hood@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef fish fishery under the FMP. The FMP, which includes red snapper and hogfish, was prepared by the Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.). On December 4, 2018, NMFS published a proposed rule for the framework actions and requested public comment (83 FR 62555). The proposed rule and the framework actions outline the rationale for the actions contained in this final rule. A summary of the management measures described in the framework actions and implemented by this final rule is described below. All weights described in this final rule are in round (whole) weight. Background Red Snapper The current red snapper stock ACL is equal to the acceptable biological catch (ABC) of 13.74 million lb (6.23 million kg); 51 percent is allocated to the commercial sector and 49 percent to the recreational sector. The recreational sector’s ACL is further divided into the private angling component (57.7 percent) and Federal for-hire component (42.3 percent). In addition, recreational ACTs are in place for the recreational sector and its respective components to reduce the likelihood of exceeding the respective ACLs. The commercial sector does not have an ACT because it is managed under an individual fishing E:\FR\FM\05MRR1.SGM 05MRR1

Agencies

[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Rules and Regulations]
[Pages 7827-7828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1710319998630-02]
RIN 0648-XG821


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; 2019 Red Snapper 
Commercial and Recreational Fishing Seasons

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

ACTION: Temporary rule; 2019 fishing seasons notification.

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SUMMARY: NMFS announces the limited opening of commercial and 
recreational red snapper in the exclusive economic zone (EEZ) of the 
South Atlantic for the 2019 fishing year. This notice announces the red 
snapper commercial season opening date and the opening and closing 
dates for the red snapper recreational season, according to the 
accountability measures (AMs). This season announcement for South 
Atlantic red snapper allows fishers to maximize their opportunity to 
harvest the commercial and recreational annual catch limits (ACLs) 
while also managing harvest to protect the red snapper resource.

DATES: The 2019 commercial red snapper season opens at 12:01 a.m., 
local time, July 8, 2019. The 2019 recreational red snapper season 
opens at 12:01 a.m., local time, on July 12, 2019, and closes at 12:01 
a.m., local time, on July 15, 2019; then reopens at 12:01 a.m., local 
time, on July 19, 2019, and closes at 12:01 a.m., local time, on July 
21, 2019, unless changed by subsequent notification in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: nikhil.mehta@noaa.gov.

SUPPLEMENTARY INFORMATION: The South Atlantic snapper-grouper fishery 
includes red snapper and is managed under the Fishery Management Plan 
for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The 
South Atlantic Fishery Management Council prepared the FMP, and the FMP 
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 Regulatory Amendment 43 to the FMP (83 
FR 35428; July 26, 2018) describes red snapper management measures 
including the specific timing for red snapper commercial and 
recreational fishing seasons. The final rule also revised the 
commercial and recreational ACLs for red snapper. The commercial AM 
requires the sector to close when commercial landings reach or are 
projected to reach the commercial ACL. The recreational AM is the 
length of the recreational season, with NMFS projecting the season 
length based on catch rate estimates from previous years.
    The commercial ACL is 124,815 lb (56,615 kg), and this ACL was not 
exceeded in 2018. The recreational ACL is 29,656 fish, and preliminary 
landings information show this ACL was exceeded in the 6-day fishing 
season in 2018. For 2019, NMFS has determined that the landings from 
the recreational sector is expected to reach the recreational ACL in 5 
days.
    For South Atlantic red snapper, the commercial season begins each 
year on the second Monday in July and closes

[[Page 7828]]

when the commercial ACL is reached or is projected to be reached. 
Accordingly, the 2019 commercial season opens on July 8, 2019. The 
commercial season will remain open until 12:01 a.m., local time, on 
January 1, 2020, unless the commercial ACL is reached or projected to 
be reached prior to this date. During the commercial fishing season, 
the commercial trip limit is 75 lb (34 kg), gutted weight. NMFS will 
monitor commercial landings during the open season, and if commercial 
landings reach or are projected to reach the commercial ACL, then NMFS 
will file a notification with the Office of the Federal Register to 
close the commercial sector for red snapper for the remainder of the 
fishing year.
    The recreational season begins on the second Friday in July. 
Accordingly, the 2019 recreational red snapper season opens at 12:01 
a.m., local time, on July 12, 2019, and closes at 12:01 a.m., local 
time, on July 15, 2019; then reopens at 12:01 a.m., local time, on July 
19, 2019, and closes at 12:01 a.m., local time, on July 21, 2019. 
During the recreational season, the recreational bag limit is one red 
snapper per person, per day. After the recreational sector closure, the 
bag and possession limits for red snapper are zero.
    Additionally, during both the commercial and recreational open 
seasons, there is not a red snapper minimum or maximum size limit for 
either sector.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic red snapper and is consistent with the Magnuson-Stevens 
Act and other applicable laws.
    This action is taken under 50 CFR 622.183(b)(5)(i) and 622.193(y) 
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 Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to implement the notice of the dates for the red snapper fishing 
seasons 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), because prior notice and 
opportunity for public comment on this temporary rule is unnecessary. 
Such procedures are unnecessary, because the rule establishing the red 
snapper ACLs and AMs has already been subject to notice and comment, 
and all that remains is to notify the public of the respective 
commercial and recreational fishing seasons. Additionally, announcing 
the fishing seasons now allows each sector to prepare for the upcoming 
harvest and provides opportunity to for-hire fishing vessels to book 
trips that could increase their revenues and profits.

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

    Dated: February 28, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-03933 Filed 3-4-19; 8:45 am]
 BILLING CODE 3510-22-P