Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2020 Commercial Closure for South Atlantic Red Snapper, 54943-54944 [2020-19517]
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Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is consistent with the
regulations in 50 CFR 622.5(c)(iii),
622.21(a)(3)(iii), and 622.22(a)(3)(iii)
which were issued pursuant to section
304(b) of the Magnuson-Stevens Act,
and are exempt from review under
Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because this temporary rule is
issued without opportunity for prior
notice and comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the final rules implementing
the Gulf IFQ programs and the Gulf and
Atlantic Federal dealer reporting have
already been subject to notice and
public comment. These rules authorize
the RA to determine when catastrophic
conditions exist, and which participants
or geographic areas are deemed affected
by catastrophic conditions. The final
rules also authorize the RA to provide
timely notice to affected participants via
publication of notification in the
Federal Register, NOAA Weather Radio,
Fishery Bulletins, and other appropriate
means. All that remains is to notify the
public that catastrophic conditions exist
and that paper forms may be utilized by
IFQ dealers in the affected area and that
Federal dealers may submit delayed
reports. Additionally, delaying this
temporary rule to provide prior notice
and opportunity for public comment
would be contrary to the public interest
because affected dealers continue to
receive these species in the affected area
and need a means of completing their
landing transactions. With the power
outages and damages to infrastructure
that have occurred in the affected area
due to Hurricane Laura, numerous
businesses are unable to complete
landings transactions and dealer reports
electronically. In order to continue with
their businesses, IFQ dealers need to be
aware they can still complete landing
transactions and dealer reports using the
paper forms.
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.
VerDate Sep<11>2014
15:53 Sep 02, 2020
Jkt 250001
Dated: August 31, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries
National Marine Fisheries Service.
[FR Doc. 2020–19522 Filed 8–31–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004515–3608–02; RTID
0648–XA427]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2020
Commercial Closure for South Atlantic
Red Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure for red snapper
in the exclusive economic zone (EEZ) of
the South Atlantic. NMFS projects
commercial landings of red snapper
have reached the commercial annual
catch limit (ACL) for the 2020 fishing
year. Therefore, NMFS is closing the
commercial sector for red snapper in the
South Atlantic EEZ on September 5,
2020. This closure is necessary to
protect the red snapper resource.
DATES: This temporary rule is effective
from 12:01 a.m., eastern time, on
September 5, 2020, through December
31, 2020.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
frank.helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes red snapper 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 commercial ACL for red snapper
in the South Atlantic is 124,815 lb
(56,615 kg), round weight, as specified
in 50 CFR 622.193(y)(1).
Under 50 CFR 622.193(y)(1), NMFS is
required to close the commercial sector
SUMMARY:
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
54943
for red snapper when the commercial
ACL is reached, or is projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS has determined that the
commercial ACL for South Atlantic red
snapper will be reached by September 5,
2020. Accordingly, the commercial
sector for South Atlantic red snapper is
closed effective at 12:01 a.m., eastern
time, on September 5, 2020. For the
2021 fishing year, unless otherwise
specified, the commercial season will
begin on the second Monday in July (50
CFR 622.183(b)(5)(i)).
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having red
snapper on board must have landed and
bartered, traded, or sold such red
snapper prior to 12:01 a.m., eastern
time, on September 5, 2020. Because the
recreational sector closed on July 18,
2020 (85 FR 36165, June 15, 2020), after
the commercial sector closure that is
effective on September 5, 2020, all
harvest and possession of red snapper in
or from the South Atlantic EEZ is
prohibited for the remainder of the 2020
fishing year.
On and after the effective date of the
closure notification, all sale or purchase
of red snapper is prohibited. This
prohibition on the harvest, possession,
sale or purchase apply in the South
Atlantic on a vessel for which a valid
Federal commercial or charter vessel/
headboat permit for South Atlantic
snapper-grouper has been issued,
regardless if such species were
harvested or possessed in state or
Federal waters (50 CFR 622.193(y)(1)
and 622.181(c)(2)).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.193(y)(1), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, 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 sector for red
snapper 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
E:\FR\FM\03SER1.SGM
03SER1
54944
Federal Register / Vol. 85, No. 172 / Thursday, September 3, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule that
established the commercial season,
ACL, and accountability measure for red
snapper has already 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
VerDate Sep<11>2014
15:53 Sep 02, 2020
Jkt 250001
to immediately implement this action to
protect red snapper because the capacity
of the fishing fleet allows for rapid
harvest of the commercial ACL. Prior
notice and opportunity for public
comment would require time and could
potentially result in a harvest well in
excess of the established commercial
ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
PO 00000
Frm 00060
Fmt 4700
Sfmt 9990
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: August 31, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2020–19517 Filed 8–31–20; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\03SER1.SGM
03SER1
]]>Agencies
[Federal Register Volume 85, Number 172 (Thursday, September 3, 2020)]
[Rules and Regulations]
[Pages 54943-54944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19517]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3608-02; RTID 0648-XA427]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2020 Commercial Closure for South Atlantic Red Snapper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure for red snapper in
the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects
commercial landings of red snapper have reached the commercial annual
catch limit (ACL) for the 2020 fishing year. Therefore, NMFS is closing
the commercial sector for red snapper in the South Atlantic EEZ on
September 5, 2020. This closure is necessary to protect the red snapper
resource.
DATES: This temporary rule is effective from 12:01 a.m., eastern time,
on September 5, 2020, through December 31, 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 red 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 commercial ACL for red snapper in the South Atlantic is 124,815
lb (56,615 kg), round weight, as specified in 50 CFR 622.193(y)(1).
Under 50 CFR 622.193(y)(1), NMFS is required to close the
commercial sector for red snapper when the commercial ACL is reached,
or is projected to be reached, by filing a notification to that effect
with the Office of the Federal Register. NMFS has determined that the
commercial ACL for South Atlantic red snapper will be reached by
September 5, 2020. Accordingly, the commercial sector for South
Atlantic red snapper is closed effective at 12:01 a.m., eastern time,
on September 5, 2020. For the 2021 fishing year, unless otherwise
specified, the commercial season will begin on the second Monday in
July (50 CFR 622.183(b)(5)(i)).
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having red snapper on board must have
landed and bartered, traded, or sold such red snapper prior to 12:01
a.m., eastern time, on September 5, 2020. Because the recreational
sector closed on July 18, 2020 (85 FR 36165, June 15, 2020), after the
commercial sector closure that is effective on September 5, 2020, all
harvest and possession of red snapper in or from the South Atlantic EEZ
is prohibited for the remainder of the 2020 fishing year.
On and after the effective date of the closure notification, all
sale or purchase of red snapper is prohibited. This prohibition on the
harvest, possession, sale or purchase apply in the South Atlantic on a
vessel for which a valid Federal commercial or charter vessel/headboat
permit for South Atlantic snapper-grouper has been issued, regardless
if such species were harvested or possessed in state or Federal waters
(50 CFR 622.193(y)(1) and 622.181(c)(2)).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(y)(1), which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 sector for
red snapper 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
[[Page 54944]]
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the rule that established the commercial season,
ACL, and accountability measure for red snapper has already 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 red snapper because the capacity of the fishing fleet allows
for rapid harvest of the commercial ACL. Prior notice and opportunity
for public comment would require time and could potentially result in a
harvest well in excess of the established commercial 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: August 31, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2020-19517 Filed 8-31-20; 4:15 pm]
BILLING CODE 3510-22-P
