Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2021 Red Snapper Private Angling Component Accountability Measure in Federal Waters off Texas, 51-53 [2021-28455]
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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations
§ 147.1601 State-administered program—
Class I, III, IV, and V wells.
The UIC Program for Class I, III, IV,
and V wells in the State of New Mexico,
except for those located on Indian
country as defined under 40 CFR 144.3,
is the program administered by the New
Mexico Water Quality Control
Commission, the New Mexico
Environment Department (formerly the
New Mexico Environmental
Improvement Division), and the Oil
Conservation Division of the New
Mexico Energy, Minerals and Natural
Resources Department and approved by
EPA pursuant to section 1422 of the
Safe Drinking Water Act (SDWA). The
effective date of this program is August
10, 1983. A subsequent program
revision application for Class I
hazardous waste injection wells, which
are only authorized for use by
petroleum refineries for the waste
generated by the refinery (‘‘generator’’),
except in Indian country, was approved
by EPA pursuant to section 1422 of the
SDWA. The effective date of this
program is January 3, 2022. The Stateadministered UIC programs for Classes
I, III, IV, and V consist of the following
elements, as submitted to EPA in the
State’s program applications.
(a) Incorporation by reference. The
New Mexico State provisions cited in
‘‘EPA-Approved New Mexico SDWA
§ 1422 Underground Injection Control
Program Statutes and Regulations for
Well Classes I, III, IV, and V,’’ dated
March 11, 2021, and listed in Table 1 to
this paragraph (a), are incorporated by
reference and made a part of the
applicable UIC program under SDWA
for the State of New Mexico. The
Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
51
1 CFR part 51. Copies of the State of
New Mexico’s provisions that are
incorporated by reference may be
inspected at the U.S. Environmental
Protection Agency, Water Docket, EPA
Docket Center (EPA/DC), EPA WJC
West, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20004, or the
Region VI, Library, U. S. Environmental
Protection Agency, 1201 Elm Street,
Suite 500, Dallas, Texas 75270. If you
wish to obtain materials from the EPA
Headquarters Library, please call the
Water Docket at (202) 566–2426 or from
the EPA Regional Office, please call
(214) 665–8326. You may also inspect
the materials at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, email
fr.inspection@nara.gov or go to
www.archives.gov/federal-register/cfr/
ibr-locations.html.
TABLE 1 TO PARAGRAPH (a): EPA—APPROVED STATE OF NEW MEXICO SDWA § 1422 UNDERGROUND INJECTION
CONTROL PROGRAM STATUTES AND REGULATIONS FOR WELL CLASSES I, III, IV, AND V
State citation
khammond on DSKJM1Z7X2PROD with RULES
New
20,
New
19,
Mexico
Chapter
Mexico
Chapter
Administrative Code, Title
6, Part 2.
Administrative Code, Title
14, Parts 1–4.
Title/subject
State effective date
EPA approval date
Ground and Surface Water
Protection.
Geothermal Resources Development.
December 21, 2018 ...........
January 3, 2022, [insert Federal Register citation].
January 3, 2022, [insert Federal Register citation].
(b) Other laws. The following statutes
and regulations, although not
incorporated by reference, are also part
of the approved State-administered UIC
program:
(1) Water Quality Act, New Mexico
Statutes Annotated Sections 74–6–1
through 74–6–13 (1978 and Supp.
1982);
(2) Geothermal Resources
Development Act, New Mexico Statutes
Annotated, Chapter 71, Article 9 (July 1,
2016);
(3) Surface Mining Act, New Mexico
Statutes Annotated Sections 69–25A–1
through 69–25A–35 (1978 and Supp.
1980).
(c) Memorandum of Agreement.
(1) The Memorandum of Agreement
between EPA Region VI and the New
Mexico Water Quality Control
Commission, the Environmental
Improvement Division, and the Oil
Conservation Division, signed by the
EPA Regional Administrator on April
13, 1983;
(2) Letter from the Director,
Environmental Improvement Division
and the Director, Oil Conservation
Division, to Regional Administrator,
EPA Region IV, ‘‘Re: New Mexico
Underground Injection Control
Program—Clarification,’’ February 10,
1983.
VerDate Sep<11>2014
16:32 Dec 30, 2021
Jkt 256001
February 27, 2018 .............
(3) Amendment No. 1, Underground
Injection Program Substitute
Memorandum of Agreement Between
the State of New Mexico and United
States Environmental Protection Agency
Region VI, signed by the EPA Regional
Administrator on May 2, 2019.
(d) Statement of legal authority.
(1) Attorney General’s Statement,
signed by the Assistant Attorney
General for the Environmental
Improvement Division, the Assistant
Attorney General for Oil Conservation
Division, and the Deputy Attorney
General, Civil Division, Counsel for the
Mining and Minerals Division, undated,
submitted December 8, 1982.
(2) Attorney General’s Statement for
Program Revision of New Mexico UIC
Program, signed by Bill Brancard,
Special Assistant Attorney General,
State of New Mexico Energy, Minerals
and Natural Resources Department,
submitted December 12, 2018.
(e) Program Description and any other
materials. The Program Description and
any other materials submitted as part of
the application or as supplements
thereto.
[FR Doc. 2021–28237 Filed 12–30–21; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200124–0029]
RTID 0648–XB702
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; 2021
Red Snapper Private Angling
Component Accountability Measure in
Federal Waters off Texas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule, accountability
measure.
AGENCY:
Through this temporary rule,
NMFS implements accountability
measures (AMs) for the red snapper
recreational sector private angling
component in the Gulf of Mexico (Gulf)
off Texas for the 2021 fishing year.
Based on information provided by the
State of Texas Parks and Wildlife
Department (TPWD), NMFS has
determined that the 2020 Texas regional
management area private angling
SUMMARY:
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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations
component annual catch limit (ACL) for
Gulf red snapper was exceeded.
Therefore, NMFS reduces the 2021
private angling component ACL of Gulf
red snapper for the Texas regional
management area. This reduction will
remain in effect through the remainder
of the current fishing year on December
31, 2021, and is necessary to protect the
Gulf red snapper resource.
DATES: This temporary rule is effective
from 12:01 a.m., local time, on
December 28, 2021, until 12:01 a.m.,
local time, on January 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: kelli.odonnell@noaa.gov.
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
(Council) and is implemented by NMFS
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) through regulations at 50 CFR part
622. All red snapper weights discussed
in this temporary rule are in round
weight.
In 2015, Amendment 40 to the FMP
established two components within the
recreational sector fishing for red
snapper: The private angling
component, and the Federal charter
vessel and headboat (for-hire)
component (80 FR 22422, April 22,
2015). In 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 part of state management.
As described at 50 CFR 622.39(a)(2)(i),
the Gulf red snapper recreational sector
quota (ACL) is 7.399 million lb (3.356
million kg) and the recreational private
angling component quota (ACL) is 4.269
million lb (1.936 million kg). Also, as
described at 50 CFR 622.23(a)(1)(ii)(E),
the Texas regional management area
private angling component ACL is
265,105 lb (120,250 kg). Regulations at
50 CFR 622.23(b) require that if a state’s
red snapper private angling component
landings exceed the applicable state’s
component ACL, then in the following
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16:32 Dec 30, 2021
Jkt 256001
fishing year, that state’s private angling
ACL will be reduced by the amount of
that ACL overage in the prior fishing
year.
For the 2019 fishing year, the Texas
recreational red snapper private
component (private vessel and state
charter vessels) was managed under an
exempted fishing permit with a state
ACL of 265,090 lb (120,243 kg). Under
Amendment 50F, any overage of the
2019 Texas ACL would be applied to
Texas’s portion of the 2020 private
angling ACL. On August 24, 2020,
NMFS determined that 2019 landings of
red snapper off Texas for the private
angling component were 375,616 lb
(170,377 kg) and published a temporary
rule reducing the Texas regional
management area private angling
component ACL for Gulf red snapper to
154,579 lb (70,116 kg) for the 2020
fishing year (85 FR 52055, August 24,
2020).
On September 23, 2020 Texas filed a
complaint in the United States District
Court for the Southern District of Texas
alleging, in part, that the NMFS used
incorrect data when determining the
overage of the 2019 Texas ACL (State of
Texas v. Department of Commerce, No.
3:20–cv–297 (S.D. Tex.)). Texas
estimated that its 2019 landings were
327,105 lb (148,372 kg), resulting in a
62,015 lb (28,170 lb) overage of its 2019
annual catch limit. The different
estimates resulted from NMFS and
Texas using different recreational
harvest estimation methodologies.
Specifically, Texas misapplied the
length-weight relationship component
of the estimation methodology, which
resulted in lower landings estimates
than those produced by NMFS.
However, NMFS and Texas were not
aware of this discrepancy until the fall
2020, which was too late to address the
issue for either the 2019 or 2020 fishing
years. To resolve the litigation, NMFS
has agreed to use Texas’s 2019 and 2020
estimates to apply the accountability
measure in 2020 and 2021. Texas has
agreed to dismiss, with prejudice, all
claims in the complaint, provide more
timely landings estimates to NMFS,
prohibit harvest in their state waters
when it determines its private angling
ACL is met or projected to be met, and
use an agreed methodology for
estimating landings for 2021 and
beyond.
Consistent with the agreement, the
2019 estimate landings of red snapper
off Texas for the private angling
component is revised from 375,616 lb
(170,377 kg) to 327,105 lb (148,372 kg),
which results in an overage of 62,015 lb
(28,170 kg) for the 2019 fishing year and
an adjusted 2020 Texas ACL of 203,090
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lb (92,120 kg). Texas has estimated that
the 2020 landings of red snapper off
Texas for the private angling component
is 229,725 lbs (104,202 kg), resulting in
an overage of 26,635 lb (12,081 kg) and
an adjusted 2021 Texas ACL of 238,470
lb (108,168 kg). Additionally, as a result
of the adjusted Texas ACL, the total
private angling component quota and
the total recreational quota (ACL), will
also be reduced. The private angling
component quota will reduce from
4,269,000 lb (1,936,000 kg) to 4,242,365
lb (1,824,304 kg) and the total
recreational quota will reduce from
7,399,000 lb (3,356,000 kg) to 7,372,365
lb (3,344,049 kg). The recreational
private angling component ACLs for
other Gulf state management areas for
2021 are unaffected by this notice.
The TPWD is responsible for ensuring
that 2021 private angling component
landings in the Texas regional
management area do not exceed the
adjusted 2021 Texas ACL. As described
at 50 CFR 622.23(c), a Gulf state with an
active delegation of state management of
the red snapper private angling
component 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. At the request of Texas, NMFS
previously announced closure dates for
the red snapper private angling
component in Gulf Federal waters off
Texas for the 2021 fishing year (85 FR
78792 (December 7, 2020); 86 FR 43117
(August 6, 2021)). On November 15,
2021, Texas closed state waters to red
snapper fishing (https://tpwd.texas.gov/
newsmedia/releases/?req=20211109a).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required under 50
CFR 622.23(b) 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.
The Assistant Administrator for
NOAA Fisheries (AA) finds that the
need to implement this action to reduce
the private angling component ACL for
the Texas regional management area
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 contrary to
the public interest. Such procedures are
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Federal Register / Vol. 87, No. 1 / Monday, January 3, 2022 / Rules and Regulations
contrary to the public interest because a
failure to implement the ACL overage
adjustment prior to the end of 2021
would not reduce the 2021 Texas ACL,
consistent with the agreement between
NMFS and Texas, and as required under
Amendments 50F. Adjusting the 2021
Texas ACL will ensure that any harvest
in excess of that adjusted ACL is
accounted for during the 2022 fishing
year.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of the
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 28, 2021.
Karen Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–28455 Filed 12–28–21; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140819687–5583–02; RTID
0648–XB688]
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; 2021–2022 Commercial
Closure for Spanish Mackerel in the
Atlantic Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS closes the Atlantic
southern zone for commercial Spanish
mackerel in or from the Atlantic
exclusive economic zone. NMFS has
determined that the commercial quota
for Spanish mackerel in the Atlantic
southern zone will be reached by
January 3, 2022. Therefore, NMFS closes
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the Atlantic southern zone to
commercial harvest of Spanish mackerel
on January 3, 2022. This closure is
necessary to protect the Spanish
mackerel resource in the Atlantic.
DATES: This temporary rule is effective
from 6 a.m. eastern time on January 3,
2022, until 12:01 a.m. eastern time on
March 1, 2022.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
in the Atlantic includes king mackerel,
Spanish mackerel, and cobia on the east
coast of Florida, and is managed under
the Fishery Management Plan for the
Coastal Migratory Pelagic Resources of
the Gulf of Mexico and Atlantic Region
(FMP). The FMP was prepared by the
Gulf of Mexico and South Atlantic
Fishery Management Councils 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. All
weights described for the Atlantic
migratory group of Spanish mackerel
(Atlantic Spanish mackerel) apply as
either round or gutted weight.
For management purposes, the
commercial sector of Atlantic Spanish
mackerel is divided into northern and
southern zones. The southern zone
consists of Federal waters off South
Carolina, Georgia, and the east coast of
Florida. The southern zone boundaries
extend from the border of North
Carolina and South Carolina, which is a
line extending in a direction of
135°34′55″ from true north beginning at
33°51′07.9″ N latitude and 78°32′32.6″
W longitude to the intersection point
with the outward boundary of the U.S.
exclusive economic zone, to the border
of Miami-Dade and Monroe Counties in
Florida at 25°20′24″ N latitude.
The southern zone commercial quota
for Atlantic Spanish mackerel is
2,667,330 lb (1,209,881 kg). Regulations
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53
at 50 CFR 622.388(d)(1)(i) require NMFS
to close the commercial sector for
Atlantic Spanish mackerel in the
southern zone when the commercial
quota 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 quota for Atlantic Spanish
mackerel in the southern zone will be
reached by January 3, 2022.
Accordingly, the commercial sector for
Atlantic Spanish mackerel in the
southern zone is closed effective at 6
a.m. eastern time on January 3, 2022,
through February 28, 2022, the end of
the current fishing year.
During the commercial closure, a
person on a vessel that has been issued
a valid Federal permit to harvest
Atlantic Spanish mackerel may
continue to retain this species in the
southern zone under the recreational
bag and possession limits specified in
50 CFR 622.382(a)(1)(iii) and (a)(2), as
long as the recreational sector for
Atlantic Spanish mackerel is open (50
CFR 622.384(e)(1)).
Also during the closure, Atlantic
Spanish mackerel from the southern
zone, including those harvested under
the bag and possession limits, may not
be purchased or sold. This prohibition
does not apply to Atlantic Spanish
mackerel from the southern zone that
were harvested, landed ashore, and sold
prior to the closure and were held in
cold storage by a dealer or processor (50
CFR 622.384(e)(2)).
Commercial harvest of Atlantic
Spanish mackerel in the southern zone
for the 2022–2023 fishing year begins on
March 1, 2022.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.388(d)(1)(i), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
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]]>Agencies
[Federal Register Volume 87, Number 1 (Monday, January 3, 2022)]
[Rules and Regulations]
[Pages 51-53]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28455]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 200124-0029]
RTID 0648-XB702
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2021 Red Snapper Private
Angling Component Accountability Measure in Federal Waters off Texas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule, accountability measure.
-----------------------------------------------------------------------
SUMMARY: Through this temporary rule, NMFS implements accountability
measures (AMs) for the red snapper recreational sector private angling
component in the Gulf of Mexico (Gulf) off Texas for the 2021 fishing
year. Based on information provided by the State of Texas Parks and
Wildlife Department (TPWD), NMFS has determined that the 2020 Texas
regional management area private angling
[[Page 52]]
component annual catch limit (ACL) for Gulf red snapper was exceeded.
Therefore, NMFS reduces the 2021 private angling component ACL of Gulf
red snapper for the Texas regional management area. This reduction will
remain in effect through the remainder of the current fishing year on
December 31, 2021, and is necessary to protect the Gulf red snapper
resource.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
December 28, 2021, until 12:01 a.m., local time, on January 1, 2022.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 (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 red snapper weights discussed in
this temporary rule are in round weight.
In 2015, Amendment 40 to the FMP established two components within
the recreational sector fishing for red snapper: The private angling
component, and the Federal charter vessel and headboat (for-hire)
component (80 FR 22422, April 22, 2015). In 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 part of
state management.
As described at 50 CFR 622.39(a)(2)(i), the Gulf red snapper
recreational sector quota (ACL) is 7.399 million lb (3.356 million kg)
and the recreational private angling component quota (ACL) is 4.269
million lb (1.936 million kg). Also, as described at 50 CFR
622.23(a)(1)(ii)(E), the Texas regional management area private angling
component ACL is 265,105 lb (120,250 kg). Regulations at 50 CFR
622.23(b) require that if a state's red snapper private angling
component landings exceed the applicable state's component ACL, then in
the following fishing year, that state's private angling ACL will be
reduced by the amount of that ACL overage in the prior fishing year.
For the 2019 fishing year, the Texas recreational red snapper
private component (private vessel and state charter vessels) was
managed under an exempted fishing permit with a state ACL of 265,090 lb
(120,243 kg). Under Amendment 50F, any overage of the 2019 Texas ACL
would be applied to Texas's portion of the 2020 private angling ACL. On
August 24, 2020, NMFS determined that 2019 landings of red snapper off
Texas for the private angling component were 375,616 lb (170,377 kg)
and published a temporary rule reducing the Texas regional management
area private angling component ACL for Gulf red snapper to 154,579 lb
(70,116 kg) for the 2020 fishing year (85 FR 52055, August 24, 2020).
On September 23, 2020 Texas filed a complaint in the United States
District Court for the Southern District of Texas alleging, in part,
that the NMFS used incorrect data when determining the overage of the
2019 Texas ACL (State of Texas v. Department of Commerce, No. 3:20-cv-
297 (S.D. Tex.)). Texas estimated that its 2019 landings were 327,105
lb (148,372 kg), resulting in a 62,015 lb (28,170 lb) overage of its
2019 annual catch limit. The different estimates resulted from NMFS and
Texas using different recreational harvest estimation methodologies.
Specifically, Texas misapplied the length-weight relationship component
of the estimation methodology, which resulted in lower landings
estimates than those produced by NMFS. However, NMFS and Texas were not
aware of this discrepancy until the fall 2020, which was too late to
address the issue for either the 2019 or 2020 fishing years. To resolve
the litigation, NMFS has agreed to use Texas's 2019 and 2020 estimates
to apply the accountability measure in 2020 and 2021. Texas has agreed
to dismiss, with prejudice, all claims in the complaint, provide more
timely landings estimates to NMFS, prohibit harvest in their state
waters when it determines its private angling ACL is met or projected
to be met, and use an agreed methodology for estimating landings for
2021 and beyond.
Consistent with the agreement, the 2019 estimate landings of red
snapper off Texas for the private angling component is revised from
375,616 lb (170,377 kg) to 327,105 lb (148,372 kg), which results in an
overage of 62,015 lb (28,170 kg) for the 2019 fishing year and an
adjusted 2020 Texas ACL of 203,090 lb (92,120 kg). Texas has estimated
that the 2020 landings of red snapper off Texas for the private angling
component is 229,725 lbs (104,202 kg), resulting in an overage of
26,635 lb (12,081 kg) and an adjusted 2021 Texas ACL of 238,470 lb
(108,168 kg). Additionally, as a result of the adjusted Texas ACL, the
total private angling component quota and the total recreational quota
(ACL), will also be reduced. The private angling component quota will
reduce from 4,269,000 lb (1,936,000 kg) to 4,242,365 lb (1,824,304 kg)
and the total recreational quota will reduce from 7,399,000 lb
(3,356,000 kg) to 7,372,365 lb (3,344,049 kg). The recreational private
angling component ACLs for other Gulf state management areas for 2021
are unaffected by this notice.
The TPWD is responsible for ensuring that 2021 private angling
component landings in the Texas regional management area do not exceed
the adjusted 2021 Texas ACL. As described at 50 CFR 622.23(c), a Gulf
state with an active delegation of state management of the red snapper
private angling component 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. At the request of Texas, NMFS previously
announced closure dates for the red snapper private angling component
in Gulf Federal waters off Texas for the 2021 fishing year (85 FR 78792
(December 7, 2020); 86 FR 43117 (August 6, 2021)). On November 15,
2021, Texas closed state waters to red snapper fishing (https://tpwd.texas.gov/newsmedia/releases/?req=20211109a).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required under 50 CFR 622.23(b) 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.
The Assistant Administrator for NOAA Fisheries (AA) finds that the
need to implement this action to reduce the private angling component
ACL for the Texas regional management area 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 contrary to
the public interest. Such procedures are
[[Page 53]]
contrary to the public interest because a failure to implement the ACL
overage adjustment prior to the end of 2021 would not reduce the 2021
Texas ACL, consistent with the agreement between NMFS and Texas, and as
required under Amendments 50F. Adjusting the 2021 Texas ACL will ensure
that any harvest in excess of that adjusted ACL is accounted for during
the 2022 fishing year.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of the action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 28, 2021.
Karen Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-28455 Filed 12-28-21; 4:15 pm]
BILLING CODE 3510-22-P
