Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2021 Re-Opening of Commercial Harvest for South Atlantic Red Snapper, 60373 [2021-23863]
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Federal Register / Vol. 86, No. 209 / Tuesday, November 2, 2021 / Rules and Regulations
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[FR Doc. 2021–23669 Filed 11–1–21; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 121004515–3608–02]
RIN 0648–XB540
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2021 ReOpening of Commercial Harvest for
South Atlantic Red Snapper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reopening.
AGENCY:
NMFS announces the
reopening of the commercial sector for
red snapper in the exclusive economic
zone (EEZ) of the South Atlantic
through this temporary rule. The most
recent commercial landings of red
snapper indicate that the commercial
annual catch limit (ACL) for the 2021
fishing year has not yet been reached.
Therefore, NMFS reopens the
commercial sector for red snapper in the
South Atlantic EEZ for 4 calendar days
to allow the commercial ACL to be
reached, while minimizing the risk of
the commercial ACL being exceeded.
DATES: This rule is effective 12:01 a.m.,
local time, November 2, 2021, until
12:01 a.m., local time, November 6,
2021.
SUMMARY:
jspears on DSK121TN23PROD with RULES1
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 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
VerDate Sep<11>2014
15:50 Nov 01, 2021
Jkt 256001
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 landings reach, or
are projected to reach, the commercial
ACL by filing a notification to that effect
with the Office of the Federal Register.
NMFS previously projected that the
commercial ACL for South Atlantic red
snapper for the 2021 fishing year would
be reached by September 14, 2021.
Accordingly, NMFS published a
temporary rule in the Federal Register
to implement accountability measures
to close the commercial sector for red
snapper in the South Atlantic EEZ
effective from September 14, 2021,
through December 31, 2021 (86 FR
50861; September 13, 2021).
However, recent landings data for red
snapper indicate that the commercial
ACL has not been yet been reached.
Consequently, and in accordance with
50 CFR 622.8(c), NMFS temporarily
reopens the commercial sector for red
snapper effective at 12:01 a.m. on
November 2, 2021. The commercial
sector will remain open for 4 calendar
days, and the commercial trip limit
remains at 75 lb (34 kg), gutted weight
(50 CFR 622.191(a)(9)). Reopening the
commercial sector for this limited time
allows an additional opportunity for the
commercial sector to harvest the
commercial ACL for red snapper, while
minimizing the risk of the commercial
ACL being exceeded. For the 2022
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 November 6, 2021. Because the
recreational sector closed on July 12,
2021 (86 FR 30393; June 8, 2021), the
recreational bag and possession limit for
red snapper in or from South Atlantic
federal waters is zero. After the
commercial sector reopening and
subsequent closure that is effective on
November 6, 2021, all harvest and
possession of red snapper in or from the
South Atlantic EEZ is prohibited for the
remainder of the 2021 fishing year and
PO 00000
Frm 00017
Fmt 4700
Sfmt 9990
60373
until the fishery opens for the 2022
fishing year.
On and after November 6, 2021, all
sale or purchase of red snapper is
prohibited. This prohibition on the
harvest, possession, sale or purchase
applies 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.
Pursuant to 5 U.S.C. 553(b)(B), the
NMFS Assistant Administrator (AA)
finds 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 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
reopening. Such procedures are contrary
to the public interest because NMFS’s
updated information shows that the
commercial harvest was prematurely
closed, and this action should be
immediately implemented to allow the
commercial fishers the opportunity to
harvest the commercial ACL over the 4day reopening period.
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: October 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–23863 Filed 10–28–21; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\02NOR1.SGM
02NOR1
Agencies
[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Rules and Regulations]
[Page 60373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23863]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3608-02]
RIN 0648-XB540
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2021 Re-Opening of Commercial Harvest for South Atlantic Red Snapper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the reopening of the commercial sector for red
snapper in the exclusive economic zone (EEZ) of the South Atlantic
through this temporary rule. The most recent commercial landings of red
snapper indicate that the commercial annual catch limit (ACL) for the
2021 fishing year has not yet been reached. Therefore, NMFS reopens the
commercial sector for red snapper in the South Atlantic EEZ for 4
calendar days to allow the commercial ACL to be reached, while
minimizing the risk of the commercial ACL being exceeded.
DATES: This rule is effective 12:01 a.m., local time, November 2, 2021,
until 12:01 a.m., local time, November 6, 2021.
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 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 landings reach, or are projected
to reach, the commercial ACL by filing a notification to that effect
with the Office of the Federal Register.
NMFS previously projected that the commercial ACL for South
Atlantic red snapper for the 2021 fishing year would be reached by
September 14, 2021. Accordingly, NMFS published a temporary rule in the
Federal Register to implement accountability measures to close the
commercial sector for red snapper in the South Atlantic EEZ effective
from September 14, 2021, through December 31, 2021 (86 FR 50861;
September 13, 2021).
However, recent landings data for red snapper indicate that the
commercial ACL has not been yet been reached. Consequently, and in
accordance with 50 CFR 622.8(c), NMFS temporarily reopens the
commercial sector for red snapper effective at 12:01 a.m. on November
2, 2021. The commercial sector will remain open for 4 calendar days,
and the commercial trip limit remains at 75 lb (34 kg), gutted weight
(50 CFR 622.191(a)(9)). Reopening the commercial sector for this
limited time allows an additional opportunity for the commercial sector
to harvest the commercial ACL for red snapper, while minimizing the
risk of the commercial ACL being exceeded. For the 2022 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 November 6, 2021. Because the recreational
sector closed on July 12, 2021 (86 FR 30393; June 8, 2021), the
recreational bag and possession limit for red snapper in or from South
Atlantic federal waters is zero. After the commercial sector reopening
and subsequent closure that is effective on November 6, 2021, all
harvest and possession of red snapper in or from the South Atlantic EEZ
is prohibited for the remainder of the 2021 fishing year and until the
fishery opens for the 2022 fishing year.
On and after November 6, 2021, all sale or purchase of red snapper
is prohibited. This prohibition on the harvest, possession, sale or
purchase applies 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.
Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator
(AA) finds 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 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
reopening. Such procedures are contrary to the public interest because
NMFS's updated information shows that the commercial harvest was
prematurely closed, and this action should be immediately implemented
to allow the commercial fishers the opportunity to harvest the
commercial ACL over the 4-day reopening period.
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: October 28, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-23863 Filed 10-28-21; 4:15 pm]
BILLING CODE 3510-22-P