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]

Download as PDF 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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: E:\FR\FM\03JAR1.SGM 03JAR1 khammond on DSKJM1Z7X2PROD with RULES 52 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 VerDate Sep<11>2014 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 E:\FR\FM\03JAR1.SGM 03JAR1 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 khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:32 Dec 30, 2021 Jkt 256001 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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. E:\FR\FM\03JAR1.SGM 03JAR1

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]


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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

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


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