Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational Accountability Measure and Closure for the South Atlantic Deep-Water Complex, 67674 [2019-26640]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Rules and Regulations]
[Page 67674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26640]



[[Page 67674]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No.100812345-2142-03; RTID 0648-XS018]


Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational 
Accountability Measure and Closure for the South Atlantic Deep-Water 
Complex

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 
recreational sector for the snapper-grouper deep-water complex 
(yellowedge grouper, silk snapper, misty grouper, queen snapper, sand 
tilefish, and blackfin snapper) in the South Atlantic for the 2019 
fishing year through this temporary rule. NMFS has determined that 
recreational landings of the deep-water complex have exceeded the 
recreational annual catch limit (ACL). Therefore, NMFS closes the 
recreational sector for this complex on December 11, 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 species 
in the deep-water complex.

DATES: This rule is effective 12:01 a.m., local time, December 11, 
2019, until 12:01 a.m., local time, January 1, 2020.

FOR FURTHER INFORMATION, CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes the deep-water complex, which includes yellowedge 
grouper, silk snapper, misty grouper, queen snapper, sand tilefish, and 
blackfin 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 recreational ACL for the deep-water complex is 38,628 lb 
(17,521 kg), round weight. Under 50 CFR 622.193(h)(2)(i), NMFS is 
required to close the recreational sector for the deep-water complex 
when the recreational ACL has been reached, or is 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. NMFS has determined 
that the recreational sector has exceeded the ACL for this complex. 
Therefore, this temporary rule implements an AM to close the 
recreational sector for the deep-water complex in the South Atlantic 
EEZ, effective 12:01 a.m., local time, December 11, 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 deep-water complex in or from the South Atlantic EEZ 
are zero. Therefore, as of 12:01 a.m. on December 11, 2019, no 
recreational harvest of fish in the deep-water complex 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 deep-water complex, a component of 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(h)(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 deep-water 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 deep-water 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: December 5, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-26640 Filed 12-6-19; 4:15 pm]
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