Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2021 Red Snapper Private Angling Component Closure in Federal Waters Off Texas, 43117-43118 [2021-16857]

Download as PDF Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations Regulation Promulgation DATES: Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: FOR FURTHER INFORMATION CONTACT: PART 17—ENDANGERED AND THREATENED WILDLIFE AND PLANTS Daniel Luers, NMFS Southeast Regional Office, telephone: 727–824–5305, email: daniel.luers@noaa.gov. Authority: 16 U.S.C. 1361–1407; 1531– 1544; and 4201–4245, unless otherwise noted. [Amended] 2. Amend § 17.12 in paragraph (h) by removing the entry for ‘‘Trifolium stoloniferum’’ under FLOWERING PLANTS from the List of Endangered and Threatened Plants. ■ Madonna Baucum, Regulations and Policy Chief, Division of Policy, Economics, Risk Management, and Analytics, Joint Administrative Operations, U.S. Fish and Wildlife Service. [FR Doc. 2021–16818 Filed 8–5–21; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 200124–0029; RTID 0648– XB279] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2021 Red Snapper Private Angling Component Closure in Federal Waters Off Texas National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces a closure for the 2021 fishing season for the red snapper private angling component in the exclusive economic zone (EEZ) off Texas in the Gulf of Mexico (Gulf) through this temporary rule. The red snapper recreational private angling component in the Gulf EEZ off Texas closes on August 5, 2021 until 12:01 a.m., local time, on January 1, 2022. This closure is necessary to prevent the private angling component from exceeding the Texas regional management area annual catch limit (ACL) and to prevent overfishing of the Gulf red snapper resource. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:05 Aug 05, 2021 Jkt 253001 The Gulf reef fish fishery, which includes red snapper, is managed 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 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 final rule implementing Amendment 40 to the FMP established two components within the recreational sector fishing for Gulf red snapper: the private angling component, and the Federal for-hire component (80 FR 22422, April 22, 2015). Amendment 40 also allocated the red snapper recreational ACL (recreational quota) between the components and established separate seasonal closures for the two components. On February 6, 2020, NMFS implemented Amendments 50 A–F to the FMP, which delegated authority to the Gulf states (Louisiana, Mississippi, Alabama, Florida, and Texas) to establish specific management measures for the harvest of red snapper in Federal waters of the Gulf by the private angling component of the recreational sector (85 FR 6819, February 6, 2020). These amendments allocate a portion of the private angling ACL to each state, and each state is required to constrain landings to its allocation. As described at 50 CFR 622.23(c), a Gulf state with an active delegation may request that NMFS close all, or an area of, Federal waters off that state to the harvest and possession of red snapper by private anglers. The state is required to request the closure by letter to NMFS, providing dates and geographic coordinates for the closure. If the request is within the scope of the analysis in Amendment 50A, NMFS publishes a notice in the Federal Register implementing the closure for the fishing year. Based on the analysis in Amendment 50A, Texas may request a closure of all Federal waters off the state to allow a year-round fishing season in state waters. As described at 50 CFR 622.2, ‘‘off Texas’’ is defined as the waters in the Gulf west of a rhumb line from 29°32.1′ N Lat., 93°47.7′ W long. to 26°11.4′ N Lat., 92°53′ W long., SUPPLEMENTARY INFORMATION: 1. The authority citation for part 17 continues to read as follows: ■ § 17.12 This closure is effective on August 5, 2021, until 12:01 a.m., local time, on January 1, 2022. PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 43117 which line is an extension of the boundary between Louisiana and Texas. On December 7, 2020, NMFS received a request from the Texas Parks and Wildlife Department (TPWD) to close the EEZ off Texas to the red snapper private angling component for the first part of the 2021 fishing year. Texas requested that the closure be effective from January 1, 2021, until June 1, 2021. NMFS determined that the TPWD request was within the scope of analysis contained within Amendment 50A, and subsequently published a temporary rule in the Federal Register implementing that closure request (85 FR 78792; December 7, 2020). In that rule, NMFS noted that TPWD would monitor private recreational landings, and if necessary, request that NMFS again close the EEZ in 2021 to ensure the Texas regional management area ACL is not exceeded. On July 28, 2021, NMFS received a new request from the TPWD to close the EEZ off Texas to the red snapper private angling component for the remainder of the 2021 fishing year. Texas requested that the closure be effective on August 5, 2021, through the end of the fishing year. NMFS has determined that this request is within the scope of analysis contained within Amendment 50A, which analyzed the potential impacts of a closure of all Federal waters off Texas when a portion of the Texas quota has been landed. As explained in Amendment 50A, Texas intends to maintain a year-round fishing season in state waters during which the remaining part of Texas’ ACL could be caught. Therefore, the red snapper recreational private angling component in the Gulf EEZ off Texas will close on August 5, 2021, until 12:01 a.m., local time, on January 1, 2022. This closure applies to all private-anglers (those on board vessels that have not been issued a valid charter vessel/headboat permit for Gulf reef fish) regardless of which state they are from or where they intend to land. On and after the effective dates of the closure in the EEZ off Texas, the harvest and possession red snapper in the EEZ off Texas by the private angling component is prohibited and the bag and possession limits for the red snapper private angling component in the closed area is zero. Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.23(c), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866. E:\FR\FM\06AUR1.SGM 06AUR1 43118 Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the area closure authority and the state-specific private angling ACLs 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 a failure to implement the closure immediately would be inconsistent with Texas’s state management plan and may result in less access to red snapper in state waters. For the aforementioned reasons, there is 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 3, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–16857 Filed 8–3–21; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042–8884–02; RTID 0648–XB282] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of the General category June through August fishery for 2021. AGENCY: NMFS closes the General category fishery for large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) Atlantic bluefin tuna (BFT) for the June through August subquota time-period. DATES: Effective 11:30 p.m., local time, August 4, 2021, through August 31, 2021. FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., larry.redd@noaa.gov, 301–427–8503, Nicholas Velseboer, nicholas.velseboer@noaa.gov, 978–675– 2168, or Lauren Latchford, lauren.latchford@noaa.gov, 301–427– 8503. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:05 Aug 05, 2021 Jkt 253001 Atlantic HMS fisheries, including BFT fisheries, are managed under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) and its amendments are implemented by regulations at 50 CFR part 635. Section 635.27 divides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in the 2006 Consolidated HMS FMP and its amendments. NMFS is required under the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest quotas under relevant international fishery agreements such as the ICCAT Convention, which is implemented domestically pursuant to ATCA. Under § 635.28(a)(1), NMFS files a closure action with the Federal Register for publication when a BFT quota (or subquota) is reached or is projected to be reached. Retaining, possessing, or landing BFT under that quota category is prohibited on or after the effective date and time of a closure notice for that category until the opening of the relevant subsequent quota period or until such date as specified. As described in § 635.27(a), the current baseline U.S. quota continues to be 1,247.86 metric tons (mt) (not including the 25 mt ICCAT allocated to the United States to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area). The baseline quota for the General category is 555.7 mt. Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a portion of the annual General category quota. The June through August subquota is 277.9 mt. SUPPLEMENTARY INFORMATION: Closure of the June Through August 2021 General Category Fishery As of August 2, 2021, reported landings total approximately 252.5 mt. Based on these landings data, as well as average catch rates and anticipated fishing conditions, we project that the General category June through August subquota will be reached and exceeded shortly. Therefore, retaining, possessing, or landing large medium or giant BFT (i.e., measuring 73 inches (185 cm) curved fork length or greater) by persons aboard vessels permitted in the Atlantic PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 tunas General category and HMS Charter/Headboat category (while fishing commercially) must cease at 11:30 p.m. local time on August 4, 2021. The General category will automatically reopen September 1, 2021, for the September 2021 subquota time period. This action applies to Atlantic tunas General category (commercial) permitted vessels and HMS Charter/ Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs at § 635.26. All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at https:// www.fisheries.noaa.gov/resource/ outreach-and-education/careful-catchand-release-brochure/. Monitoring and Reporting NMFS will actively monitor the BFT fishery closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS’ ability to timely implement actions such as quota and retention limit adjustments, as well as closures, and may result in enforcement actions. Additionally, and separate from the dealer reporting requirement, General and HMS Charter/ Headboat category vessel owners are required to report the catch of all BFT retained or discarded dead within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov, using the HMS Catch Reporting app, or calling (888) 872–8862 (Monday through Friday from 8 a.m. until 4:30 p.m.). After the fishery reopens on September 1, depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustments are necessary to ensure available subquotas are not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281–9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. E:\FR\FM\06AUR1.SGM 06AUR1

Agencies

[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Rules and Regulations]
[Pages 43117-43118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16857]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200124-0029; RTID 0648-XB279]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2021 Red Snapper Private 
Angling Component Closure in Federal Waters Off Texas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS announces a closure for the 2021 fishing season for the 
red snapper private angling component in the exclusive economic zone 
(EEZ) off Texas in the Gulf of Mexico (Gulf) through this temporary 
rule. The red snapper recreational private angling component in the 
Gulf EEZ off Texas closes on August 5, 2021 until 12:01 a.m., local 
time, on January 1, 2022. This closure is necessary to prevent the 
private angling component from exceeding the Texas regional management 
area annual catch limit (ACL) and to prevent overfishing of the Gulf 
red snapper resource.

DATES: This closure is effective on August 5, 2021, until 12:01 a.m., 
local time, on January 1, 2022.

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

SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes 
red snapper, is managed 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 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 final rule implementing Amendment 40 to the FMP established two 
components within the recreational sector fishing for Gulf red snapper: 
the private angling component, and the Federal for-hire component (80 
FR 22422, April 22, 2015). Amendment 40 also allocated the red snapper 
recreational ACL (recreational quota) between the components and 
established separate seasonal closures for the two components. On 
February 6, 2020, NMFS implemented Amendments 50 A-F to the FMP, which 
delegated authority to the Gulf states (Louisiana, Mississippi, 
Alabama, Florida, and Texas) to establish specific management measures 
for the harvest of red snapper in Federal waters of the Gulf by the 
private angling component of the recreational sector (85 FR 6819, 
February 6, 2020). These amendments allocate a portion of the private 
angling ACL to each state, and each state is required to constrain 
landings to its allocation.
    As described at 50 CFR 622.23(c), a Gulf state with an active 
delegation may request that NMFS close all, or an area of, Federal 
waters off that state to the harvest and possession of red snapper by 
private anglers. The state is required to request the closure by letter 
to NMFS, providing dates and geographic coordinates for the closure. If 
the request is within the scope of the analysis in Amendment 50A, NMFS 
publishes a notice in the Federal Register implementing the closure for 
the fishing year. Based on the analysis in Amendment 50A, Texas may 
request a closure of all Federal waters off the state to allow a year-
round fishing season in state waters. As described at 50 CFR 622.2, 
``off Texas'' is defined as the waters in the Gulf west of a rhumb line 
from 29[deg]32.1' N Lat., 93[deg]47.7' W long. to 26[deg]11.4' N Lat., 
92[deg]53' W long., which line is an extension of the boundary between 
Louisiana and Texas.
    On December 7, 2020, NMFS received a request from the Texas Parks 
and Wildlife Department (TPWD) to close the EEZ off Texas to the red 
snapper private angling component for the first part of the 2021 
fishing year. Texas requested that the closure be effective from 
January 1, 2021, until June 1, 2021. NMFS determined that the TPWD 
request was within the scope of analysis contained within Amendment 
50A, and subsequently published a temporary rule in the Federal 
Register implementing that closure request (85 FR 78792; December 7, 
2020). In that rule, NMFS noted that TPWD would monitor private 
recreational landings, and if necessary, request that NMFS again close 
the EEZ in 2021 to ensure the Texas regional management area ACL is not 
exceeded.
    On July 28, 2021, NMFS received a new request from the TPWD to 
close the EEZ off Texas to the red snapper private angling component 
for the remainder of the 2021 fishing year. Texas requested that the 
closure be effective on August 5, 2021, through the end of the fishing 
year. NMFS has determined that this request is within the scope of 
analysis contained within Amendment 50A, which analyzed the potential 
impacts of a closure of all Federal waters off Texas when a portion of 
the Texas quota has been landed. As explained in Amendment 50A, Texas 
intends to maintain a year-round fishing season in state waters during 
which the remaining part of Texas' ACL could be caught.
    Therefore, the red snapper recreational private angling component 
in the Gulf EEZ off Texas will close on August 5, 2021, until 12:01 
a.m., local time, on January 1, 2022. This closure applies to all 
private-anglers (those on board vessels that have not been issued a 
valid charter vessel/headboat permit for Gulf reef fish) regardless of 
which state they are from or where they intend to land.
    On and after the effective dates of the closure in the EEZ off 
Texas, the harvest and possession red snapper in the EEZ off Texas by 
the private angling component is prohibited and the bag and possession 
limits for the red snapper private angling component in the closed area 
is zero.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.23(c), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.

[[Page 43118]]

    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment are unnecessary and contrary to the public interest.
    Such procedures are unnecessary because the rule implementing the 
area closure authority and the state-specific private angling ACLs 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 a failure to implement the closure immediately 
would be inconsistent with Texas's state management plan and may result 
in less access to red snapper in state waters.
    For the aforementioned reasons, there is 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 3, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16857 Filed 8-3-21; 4:15 pm]
BILLING CODE 3510-22-P
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