Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational Accountability Measure and Closure for South Atlantic Red Grouper, 50334-50335 [2019-20779]

Download as PDF 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 VerDate Sep<11>2014 15:54 Sep 24, 2019 Jkt 247001 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] BILLING CODE 3510–22–P 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: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 25SER1 Federal Register / Vol. 84, No. 186 / Wednesday, September 25, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES This action is taken under 50 CFR 622.193(d)(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 comment. This action responds to the best scientific information available. The AA finds that the need to immediately implement this action to close the recreational sector for red grouper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment on VerDate Sep<11>2014 15:54 Sep 24, 2019 Jkt 247001 this temporary rule pursuant to 5 U.S.C. 553(b)(B), because such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the AM implementing the recreational closure has already been subject to notice and comment. All that remains is to notify the public of the recreational closure for red grouper for the remainder of the 2019 fishing year. Prior notice and opportunity for comment are contrary to the public interest because of the need to immediately implement this action to protect the red grouper resource. Time required for notice and public comment PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 50335 would allow for continued recreational harvest and further exceedance of the recreational 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 20, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–20779 Filed 9–20–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\25SER1.SGM 25SER1

Agencies

[Federal Register Volume 84, Number 186 (Wednesday, September 25, 2019)]
[Rules and Regulations]
[Pages 50334-50335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20779]


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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

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) 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.

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 red 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 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 
(Sec.  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 (Sec.  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 (Sec.  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.

[[Page 50335]]

    This action is taken under 50 CFR 622.193(d)(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 comment.
    This action responds to the best scientific information available. 
The AA finds that the need to immediately implement this action to 
close the recreational sector for red grouper constitutes good cause to 
waive the requirements to provide prior notice and opportunity for 
public comment on this temporary rule pursuant to 5 U.S.C. 553(b)(B), 
because such procedures are unnecessary and contrary to the public 
interest. Such procedures are unnecessary because the AM implementing 
the recreational closure has already been subject to notice and 
comment. All that remains is to notify the public of the recreational 
closure for red grouper for the remainder of the 2019 fishing year. 
Prior notice and opportunity for comment are contrary to the public 
interest because of the need to immediately implement this action to 
protect the red grouper resource. Time required for notice and public 
comment would allow for continued recreational harvest and further 
exceedance of the recreational 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 20, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-20779 Filed 9-20-19; 4:15 pm]
 BILLING CODE 3510-22-P

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