Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational Accountability Measure and Closure for the South Atlantic Other Jacks Complex, 50333-50334 [2019-20764]
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Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Rules and Regulations
of these presentations, we have received
many questions regarding
implementation of the final rule.
Additional time is needed to adequately
educate and train staff of the Services
and all of the affected Federal agencies
on these interagency implementing
regulations, which set forth
requirements for both the Services and
Federal action agencies. We are,
therefore, delaying the effective date of
the rule published on August 27, 2019,
at 84 FR 44976 (see DATES, above) to
ensure a smooth transition and allow for
additional coordination and training
prior to the final rule becoming
effective.
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 402
[Docket No. FWS–HQ–ES–2018–0009;
FXES11140900000–189–FF09E300000;
Docket No. 180207140–8140–01;
4500090023]
RIN 1018–BC87; 0648–BH41
Endangered and Threatened Wildlife
and Plants; Regulations for
Interagency Cooperation
Administrative Procedure Act
U.S. Fish and Wildlife Service,
Interior; National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Final rule; delay of effective
date.
AGENCY:
We, the U.S. Fish and
Wildlife Service (FWS) and the National
Marine Fisheries Service (NMFS)
(collectively referred to as the
‘‘Services’’ or ‘‘we’’), are delaying the
effective date of a rule we published on
August 27, 2019.
DATES: The effective date of the rule that
published at 84 FR 44976, August 27,
2019, is delayed until October 28, 2019.
FOR FURTHER INFORMATION CONTACT: Gary
Frazer, U.S. Fish and Wildlife Service,
Department of the Interior, Washington,
DC 20240, telephone 202/208–4646; or
Samuel D. Rauch, III, National Marine
Fisheries Service, Department of
Commerce, 1315 East-West Highway,
Silver Spring, MD 20910, telephone
301/427–8000. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service at
800/877–8339.
SUPPLEMENTARY INFORMATION: On August
27, 2019, we published a final rule to
revise portions of our regulations that
implement section 7 of the Endangered
Species Act of 1973, as amended (‘‘Act’’;
16 U.S.C. 1531 et seq.). The revisions to
the regulations clarify, interpret, and
implement portions of the Act
concerning the interagency cooperation
procedures. The rule was to be effective
on September 26, 2019.
Since the announcement of the final
rule, we have conducted numerous
informational webinars, meetings, and
briefings for internal staff and external
audiences, including hundreds of State,
Federal, industry, and other
conservation partners. During the course
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SUMMARY:
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To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, our
implementation of this action without
opportunity for public comment,
effective immediately upon publication
in the Federal Register, is based on the
good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3). Pursuant to 5
U.S.C. 553(b)(B), we have determined
that good cause exists to forgo the
requirement to provide prior notice and
an opportunity for public comment
thereon for this rule as such procedures
would be impracticable, unnecessary,
and contrary to the public interest. We
are temporarily postponing the effective
date of the rule (see DATES, above) to
allow for additional time to coordinate
with our internal staff and external
partners. As a result, seeking public
comment on this delay is unnecessary
and contrary to the public interest. For
these same reasons, we find good cause
to waive the 30-day delay in effective
date provided for in 5 U.S.C. 553(d).
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
Dated: September 20, 2019.
Rob Wallace,
Assistant Secretary for Fish and Wildlife and
Parks, Department of the Interior.
Dated: September 20, 2019.
Neil Jacobs,
Assistant Secretary of Commerce for
Environmental Observation and Prediction,
performing the duties of Under Secretary of
Commerce for Oceans and Atmosphere,
Department of Commerce.
[FR Doc. 2019–20936 Filed 9–24–19; 8:45 am]
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50333
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120815345–3525–02]
RIN 0648–XS013
Snapper-Grouper Fishery of the South
Atlantic; 2019 Recreational
Accountability Measure and Closure
for the South Atlantic Other Jacks
Complex
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) for the
recreational sector for the other jacks
complex (lesser amberjack, almaco jack,
and banded rudderfish) in the South
Atlantic for the 2019 fishing year
through this temporary rule. NMFS has
determined that recreational landings of
the other jacks complex has exceeded its
recreational annual catch limit (ACL).
Therefore, NMFS closes the recreational
sector for this complex on September
25, 2019, through the remainder of the
2019 fishing year in the exclusive
economic zone (EEZ) of the South
Atlantic. This closure is necessary to
protect the lesser amberjack, almaco
jack, and banded rudderfish resources.
DATES: This rule is effective 12:01 a.m.,
local time, September 25, 2019, until
12:01 a.m., local time, January 1, 2020.
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 lesser amberjack,
almaco jack, and banded rudderfish,
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 recreational ACL for the other
jacks complex is 267,799 lb (121,472
kg), round weight. Under 50 CFR
622.193(l)(2)(i), NMFS is required to
close the recreational sector for the
other jacks complex when the
recreational ACL has been reached, or is
SUMMARY:
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50334
Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Rules and Regulations
jbell on DSK3GLQ082PROD with RULES
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register, unless NMFS
determines that no closure is necessary
based on the best scientific information
available. The NMFS Southeast
Fisheries Science Center has determined
that the recreational sector for this
complex has exceeded its ACL.
Therefore, this temporary rule
implements an AM to close the
recreational sector for the other jacks
complex in the South Atlantic EEZ,
effective 12:01 a.m., local time,
September 25, 2019, until January 1,
2020, the start of the next fishing year.
During the recreational closure, the
bag and possession limits for the fish in
the other jacks complex in or from the
South Atlantic EEZ are zero.
Additionally, NMFS closed the
commercial sector for the other jacks
complex effective on July 16, 2019,
when that sector was projected to reach
its sector ACL (84 FR 32648; July 9,
2019). Therefore, as of 12:01 a.m. on
September 25, 2019, no commercial or
recreational harvest of fish in the other
jacks complex in or from the South
Atlantic EEZ is allowed for the
remainder of the 2019 fishing year.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the other jacks complex,
a component of the South Atlantic
snapper-grouper fishery, and is
consistent with the FMP, the MagnusonStevens Act, and other applicable laws.
This action is taken under 50 CFR
622.193(l)(2)(i) 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
public comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
close the recreational sector for the
other jacks complex 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 the AM itself has
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
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because of the need to immediately
implement this action to protect the
other jacks complex. Prior notice and
opportunity for public comment would
require time and would potentially
allow the recreational sector to further
exceed its 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: September 19, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–20764 Filed 9–20–19; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100812345–2142–03]
RIN 0648–XS012
Snapper-Grouper Fishery of the South
Atlantic; 2019 Recreational
Accountability Measure and Closure
for South Atlantic Red Grouper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
red grouper recreational sector in the
exclusive economic zone (EEZ) of the
South Atlantic for the 2019 fishing year
through this temporary rule. NMFS
estimates recreational landings of red
grouper in 2019 have exceeded the
recreational annual catch limit (ACL).
Therefore, NMFS closes the red grouper
recreational sector in the South Atlantic
EEZ at 12:01 a.m., local time, on
September 25, 2019, for the remainder
of the 2019 fishing year. This closure is
necessary to protect the red grouper
resource.
SUMMARY:
This rule is effective 12:01 a.m.,
local time, September 25, 2019, until
12:01 a.m., local time, January 1, 2020.
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 grouper and is
managed under the Fishery
DATES:
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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.
In August of 2018, as a result of the
determination that red grouper was
undergoing overfishing, the final rule
for Abbreviated Framework Amendment
1 to the FMP (83 FR 35435; July 26,
2018) reduced the red grouper ACL to
84,000 lb (38,102 kg), round weight, for
2019 (§ 622.193(d)(2)(ii)). In accordance
with regulations at 50 CFR
622.193(d)(2)(i), if recreational landings
of red grouper are projected to reach the
recreational ACL, the Assistant
Administrator for NOAA Fisheries (AA)
will file a notification with the Office of
the Federal Register to close the
recreational sector for the remainder of
the fishing year regardless if the stock is
overfished, unless NMFS determines
that no closure is necessary based on the
best scientific information available.
The NMFS Southeast Fisheries Science
Center has estimated that the red
grouper recreational ACL for 2019 has
been exceeded. Therefore, this
temporary rule implements the AM to
close the red grouper recreational sector
for the remainder of the 2019 fishing
year. The recreational sector for red
grouper in the South Atlantic EEZ will
be closed effective 12:01 a.m., local time
September 25, 2019, through December
31, 2019. During the recreational
closure, the bag and possession limits
for red grouper in or from the South
Atlantic EEZ are zero.
NMFS notes that while the 2020
fishing year begins on January 1, the
commercial and recreational harvest of
red grouper is prohibited annually from
January through April of each year
(§ 622.183(b)(1)). Therefore, the
recreational sector for red grouper will
reopen on May 1, 2020, the beginning of
the recreational fishing season. The
recreational ACL for 2020 and
subsequent fishing years is 90,720 lb
(41,150 kg), round weight
(§ 622.193(d)(2)(ii)).
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of South
Atlantic red grouper and is consistent
with the FMP, the Magnuson-Stevens
Act, and other applicable laws.
E:\FR\FM\25SER1.SGM
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[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50333-50334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20764]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120815345-3525-02]
RIN 0648-XS013
Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational
Accountability Measure and Closure for the South Atlantic Other Jacks
Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for the
recreational sector for the other jacks complex (lesser amberjack,
almaco jack, and banded rudderfish) in the South Atlantic for the 2019
fishing year through this temporary rule. NMFS has determined that
recreational landings of the other jacks complex has exceeded its
recreational annual catch limit (ACL). Therefore, NMFS closes the
recreational sector for this complex on September 25, 2019, through the
remainder of the 2019 fishing year in the exclusive economic zone (EEZ)
of the South Atlantic. This closure is necessary to protect the lesser
amberjack, almaco jack, and banded rudderfish resources.
DATES: This rule is effective 12:01 a.m., local time, September 25,
2019, until 12:01 a.m., local time, January 1, 2020.
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 lesser amberjack, almaco jack, and banded rudderfish,
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 recreational ACL for the other jacks complex is 267,799 lb
(121,472 kg), round weight. Under 50 CFR 622.193(l)(2)(i), NMFS is
required to close the recreational sector for the other jacks complex
when the recreational ACL has been reached, or is
[[Page 50334]]
projected to be reached, by filing a notification to that effect with
the Office of the Federal Register, unless NMFS determines that no
closure is necessary based on the best scientific information
available. The NMFS Southeast Fisheries Science Center has determined
that the recreational sector for this complex has exceeded its ACL.
Therefore, this temporary rule implements an AM to close the
recreational sector for the other jacks complex in the South Atlantic
EEZ, effective 12:01 a.m., local time, September 25, 2019, until
January 1, 2020, the start of the next fishing year.
During the recreational closure, the bag and possession limits for
the fish in the other jacks complex in or from the South Atlantic EEZ
are zero. Additionally, NMFS closed the commercial sector for the other
jacks complex effective on July 16, 2019, when that sector was
projected to reach its sector ACL (84 FR 32648; July 9, 2019).
Therefore, as of 12:01 a.m. on September 25, 2019, no commercial or
recreational harvest of fish in the other jacks complex in or from the
South Atlantic EEZ is allowed for the remainder of the 2019 fishing
year.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the other jacks complex, a component of the South Atlantic snapper-
grouper fishery, and is consistent with the FMP, the Magnuson-Stevens
Act, and other applicable laws.
This action is taken under 50 CFR 622.193(l)(2)(i) 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 public comment.
This action responds to the best scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to immediately implement this action to close the recreational sector
for the other jacks complex 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 the AM itself
has 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 other jacks complex. Prior notice and opportunity
for public comment would require time and would potentially allow the
recreational sector to further exceed its 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: September 19, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-20764 Filed 9-20-19; 4:15 pm]
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