Reef Fish Fishery of the Gulf of Mexico; 2019 Commercial and Recreational Accountability Measure and Closures for Gulf of Mexico Lane Snapper, 68058-68059 [2019-26933]
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Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
from January through July 26, leaving 98
t available for catch and retention.
Based on average bigeye tuna catch rates
by the U.S. longline fishery in the
month of December in calendar years
2012 to 2018, we estimate that the
fishery could catch 98 t in five calendar
days. Accordingly, this rule reopens the
fishery for five days, after which, the
closure published on July 24, 2019 (84
FR 35568), will again, take effect
through December 31, 2019.
To prevent a disruption to the
continuity of fishing operations, the
reopening will begin the day after the
date that NMFS stops attributing catch
to American Samoa. All fishing under
the remaining 98 t limit must be done
in accordance with the regulations at 50
CFR 300.224 and any other applicable
regulations.
Classification
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and
opportunity for public comment on this
action. Compliance with the notice and
comment requirement would be
unnecessary and contrary to the public
interest. Because the fishery closure on
July 27, 2019 was based upon estimated
landings, this action simply provides an
opportunity to harvest unused catch
that remains available in 2019. The
action is a benefit to fishermen since
they would not be able to access the
fishery after December 22, 2019.
Moreover, NMFS solicited and
responded to public comments on the
rule establishing the calendar year
bigeye tuna catch limit of 3,554 t (83 FR
33851, July 18, 2018). Although this
action is being implemented without the
opportunity for prior notice and
comment, NMFS is soliciting and will
respond to public comments from those
affected by or otherwise interested in
this rule.
Additionally, NMFS has determined
that good cause exists to waive the 30day delay in effectiveness of this rule
because, under 5 U.S.C. 553(d), this rule
relieves a restriction on the regulated
community, and requiring a 30-day
delay would be contrary to the public
interest. NMFS closed the U.S. longline
fishery for bigeye tuna in the
Convention Area through a temporary
rule effective on July 27, 2019, through
December 31, 2019. The closure does
not apply to vessels operating identified
in a valid specified fishing agreement
under 50 CFR 665.819(c), in accordance
with 50 CFR 300.224(f)(1)(iv).
Currently, vessels in the U.S. longline
fishery are operating under a valid
specified fishing agreement between
American Samoa and HLA, which
allocates 1,000 t of bigeye tuna to vessel
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
identified in the agreement. NMFS
forecasts that the fishery will reach the
American Samoa allocation limit by
December 22, 2019, and will stop
attributing bigeye tuna to American
Samoa on that date. If the effectiveness
of this rule is delayed, the fishery would
once again, be subject to the July 27,
2019 closure through December 31,
2019, and would be unable to access the
remainder of the available 2019 bigeye
tuna limit. Because this rule relives a
restriction by temporarily reopening the
fishery for bigeye tuna, it is not subject
to the 30-day delayed effectiveness
pursuant to 5 U.S.C. 553(d)(1).
This action is taken under 50 CFR
300.224(e) and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 6901 et seq.
Dated: December 10, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–26902 Filed 12–12–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100217097–1757–02; RTID
0648–XS019]
Reef Fish Fishery of the Gulf of
Mexico; 2019 Commercial and
Recreational Accountability Measure
and Closures for Gulf of Mexico Lane
Snapper
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
lane snapper commercial and
recreational sectors in the exclusive
economic zone (EEZ) of the Gulf of
Mexico (Gulf) for the 2019 fishing year
through this temporary rule. NMFS has
projected that the 2019 stock annual
catch limit (ACL) for Gulf lane snapper
has been met. Therefore, NMFS closes
the commercial and recreational sectors
for Gulf lane snapper on December 13,
2019, and they will remain closed
through the end of the current fishing
year on December 31, 2019. These
closures are necessary to protect the
Gulf lane snapper resource.
DATES: This temporary rule is effective
from 12:01 a.m., local time, on
SUMMARY:
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December 13, 2019, until 12:01 a.m.,
local time, on January 1, 2020.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: Kelli.ODonnell@noaa.gov.
NMFS
manages the Gulf reef fish fishery,
which includes lane snapper, under the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP). The FMP was prepared by the
Gulf of Mexico Fishery Management
Council (Council) and is implemented
by NMFS under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) through
regulations at 50 CFR part 622. All lane
snapper weights discussed in this
temporary rule are in round weight.
The stock annual catch limit (ACL) for
Gulf lane snapper is 301,000 lb (136,531
kg). As specified in 50 CFR 622.41(k), if
during a fishing year the sum of the
commercial and recreational lane
snapper landings exceeds the stock
ACL, then during the following fishing
year, if the sum of commercial and
recreational landings reaches or is
projected to reach the stock ACL, NMFS
is required to close the commercial and
recreational sectors for the remainder of
that fishing year. In the 2018 fishing
year, lane snapper landings exceeded
the stock ACL by 58,551 lb (26,558 kg).
For the 2019, fishing year, NMFS has
determined that the 2019 stock ACL for
Gulf lane snapper has been met.
Accordingly, this temporary rule closes
the commercial and recreational sectors
for Gulf lane snapper effective at 12:01
a.m., local time, on December 13, 2019
and both sectors will remain closed
through the end of the current fishing
year on December 31, 2019.
During the commercial and
recreational closures, the commercial
sale or purchase of lane snapper taken
from the Gulf EEZ is prohibited and the
recreational bag and possession limits
for lane snapper in or from the Gulf EEZ
are zero. The prohibition on possession
of Gulf lane snapper also applies in Gulf
state waters for a vessel issued a valid
Federal charter vessel/headboat permit
for Gulf reef fish. During the closures,
the operator of a vessel with a valid
commercial vessel permit for Gulf reef
fish having lane snapper on board must
have landed and bartered, traded, or
sold such lane snapper prior to 12:01
a.m., local time, on December 13, 2019.
The prohibition on the sale or purchase
of lane snapper does not apply to fish
that were harvested, landed ashore, and
sold prior to 12:01 a.m., local time, on
SUPPLEMENTARY INFORMATION:
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13DER1
Federal Register / Vol. 84, No. 240 / Friday, December 13, 2019 / Rules and Regulations
December 13, 2019, and were held in
cold storage by a dealer or processor.
jbell on DSKJLSW7X2PROD with RULES
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of Gulf
lane snapper and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.41(k) 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.
VerDate Sep<11>2014
15:53 Dec 12, 2019
Jkt 250001
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 commercial and recreational
sectors for lane snapper constitutes good
cause to waive the requirements to
provide prior notice and opportunity for
public comment on this temporary rule
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule establishing the closure provisions
was already subject to notice and
comment, and all that remains is to
PO 00000
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68059
notify the public of the closures. Such
procedures are contrary to the public
interest because of the need to
immediately implement this action to
protect lane snapper. Prior notice and
opportunity for public comment would
require time and would potentially
allow the sectors to further exceed the
stock ACL.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 10, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–26933 Filed 12–10–19; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68058-68059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26933]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217097-1757-02; RTID 0648-XS019]
Reef Fish Fishery of the Gulf of Mexico; 2019 Commercial and
Recreational Accountability Measure and Closures for Gulf of Mexico
Lane Snapper
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 lane
snapper commercial and recreational sectors in the exclusive economic
zone (EEZ) of the Gulf of Mexico (Gulf) for the 2019 fishing year
through this temporary rule. NMFS has projected that the 2019 stock
annual catch limit (ACL) for Gulf lane snapper has been met. Therefore,
NMFS closes the commercial and recreational sectors for Gulf lane
snapper on December 13, 2019, and they will remain closed through the
end of the current fishing year on December 31, 2019. These closures
are necessary to protect the Gulf lane snapper resource.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
December 13, 2019, until 12:01 a.m., local time, on January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery,
which includes lane snapper, under the Fishery Management Plan for the
Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared
by the Gulf of Mexico Fishery Management Council (Council) and is
implemented by NMFS under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) through
regulations at 50 CFR part 622. All lane snapper weights discussed in
this temporary rule are in round weight.
The stock annual catch limit (ACL) for Gulf lane snapper is 301,000
lb (136,531 kg). As specified in 50 CFR 622.41(k), if during a fishing
year the sum of the commercial and recreational lane snapper landings
exceeds the stock ACL, then during the following fishing year, if the
sum of commercial and recreational landings reaches or is projected to
reach the stock ACL, NMFS is required to close the commercial and
recreational sectors for the remainder of that fishing year. In the
2018 fishing year, lane snapper landings exceeded the stock ACL by
58,551 lb (26,558 kg). For the 2019, fishing year, NMFS has determined
that the 2019 stock ACL for Gulf lane snapper has been met.
Accordingly, this temporary rule closes the commercial and recreational
sectors for Gulf lane snapper effective at 12:01 a.m., local time, on
December 13, 2019 and both sectors will remain closed through the end
of the current fishing year on December 31, 2019.
During the commercial and recreational closures, the commercial
sale or purchase of lane snapper taken from the Gulf EEZ is prohibited
and the recreational bag and possession limits for lane snapper in or
from the Gulf EEZ are zero. The prohibition on possession of Gulf lane
snapper also applies in Gulf state waters for a vessel issued a valid
Federal charter vessel/headboat permit for Gulf reef fish. During the
closures, the operator of a vessel with a valid commercial vessel
permit for Gulf reef fish having lane snapper on board must have landed
and bartered, traded, or sold such lane snapper prior to 12:01 a.m.,
local time, on December 13, 2019. The prohibition on the sale or
purchase of lane snapper does not apply to fish that were harvested,
landed ashore, and sold prior to 12:01 a.m., local time, on
[[Page 68059]]
December 13, 2019, and were held in cold storage by a dealer or
processor.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of Gulf lane snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.41(k) 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 NOAA Fisheries (AA) finds that the need
to immediately implement this action to close the commercial and
recreational sectors for lane snapper constitutes good cause to waive
the requirements to provide prior notice and opportunity for public
comment on this temporary rule pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because such procedures are unnecessary and contrary
to the public interest. Such procedures are unnecessary because the
rule establishing the closure provisions was already subject to notice
and comment, and all that remains is to notify the public of the
closures. Such procedures are contrary to the public interest because
of the need to immediately implement this action to protect lane
snapper. Prior notice and opportunity for public comment would require
time and would potentially allow the sectors to further exceed the
stock ACL.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 10, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-26933 Filed 12-10-19; 4:15 pm]
BILLING CODE 3510-22-P
