Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2022 Commercial Closure for South Atlantic Red Snapper, 52859-52860 [2022-18763]

Download as PDF Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Rules and Regulations Order 13175 (65 FR 67249, November 9, 2000). This action responds to the requirement in the CAA for states to submit SIPs to satisfy the requirements of the RHR and CAA. 82 FR 3078 (Jan. 10, 2017). No tribe is identified in this action as failing to submit a required SIP. Therefore, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it is a finding that certain states have failed to submit a complete SIP that satisfies regional haze requirements under sections 169A and 169B of the CAA for the second planning period and does not directly or disproportionately affect children. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. khammond on DSKJM1Z7X2PROD with RULES J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations. In finding that certain states have failed to submit a complete SIP that satisfies the regional haze requirements under sections 169A and 169B of the CAA for the regional haze second planning period, this action does not adversely affect the level of protection provided to human health or the environment. K. Congressional Review Act (CRA) This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United VerDate Sep<11>2014 15:56 Aug 29, 2022 Jkt 256001 States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). L. Judicial Review Section 307(b)(l) of the CAA indicates which federal Courts of Appeal have venue for petitions of review of final actions by the EPA under the CAA. This section provides, in part, that petitions for review must be filed in the Court of Appeals for the District of Columbia Circuit if: (i) The agency action consists of ‘‘nationally applicable regulations promulgated, or final action taken, by the Administrator,’’ or (ii) such action is locally or regionally applicable, but ‘‘such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.’’ This final action is nationally applicable. To the extent a court finds this final action to be locally or regionally applicable, the EPA finds that this action is based on a determination of ‘‘nationwide scope or effect’’ within the meaning of CAA section 307(b)(1). This final action consists of findings of failure to submit required regional haze SIPs for the second planning period from 15 states located in six of the ten EPA Regional offices. This final action is also based on a common core of factual findings concerning the receipt and completeness of the relevant SIP submittals. For these reasons, this final action is nationally applicable or, alternatively, to the extent a court finds this action to be locally or regionally applicable, the Administrator has determined that this final action is based on a determination of nationwide scope or effect for purposes of CAA section 307(b)(1). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit within 60 days from the date this final action is published in the Federal Register. Filing a petition for reconsideration by the Administrator of this final action does not affect the finality of the action for the purposes of judicial review nor does it extend the time within which a petition for judicial review must be filed and shall not postpone the effectiveness of such rule or action. Thus, any petitions for review of this action must be filed in the Court of Appeals for the District of Columbia Circuit within 60 days from the date this final action is published in the Federal Register. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 52859 List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedures, Air pollution control, Incorporation by reference, Intergovernmental relations, and Reporting and recordkeeping requirements. Michael S. Regan, Administrator. [FR Doc. 2022–18678 Filed 8–29–22; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 121004515–3608–02; RTID 0648–XC302] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2022 Commercial Closure for South Atlantic Red Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure for red snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings of red snapper have reached the commercial annual catch limit (ACL) for the 2022 fishing year. Therefore, NMFS is closing the commercial sector for red snapper in the South Atlantic EEZ. This closure is necessary to protect the red snapper resource. SUMMARY: This temporary rule is effective from 12:01 a.m., eastern time, on August 31, 2022, through December 31, 2022. 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 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. DATES: E:\FR\FM\30AUR1.SGM 30AUR1 52860 Federal Register / Vol. 87, No. 167 / Tuesday, August 30, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES The commercial ACL for red snapper in the South Atlantic is 124,815 lb (56,615 kg), round weight, as specified in 50 CFR 622.193(y)(1). Under 50 CFR 622.193(y)(1), NMFS is required to close the commercial sector for red snapper when the commercial ACL is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial ACL for South Atlantic red snapper will be reached by August 31, 2022. Accordingly, the commercial sector for South Atlantic red snapper is closed effective at 12:01 a.m., eastern time, on August 31, 2022. For the 2023 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 August 31, 2022. Because the recreational sector closed on July 10, 2022 (87 FR 31190; May 23, 2022), after the commercial sector closure that is effective on August 31, 2022, all harvest VerDate Sep<11>2014 15:56 Aug 29, 2022 Jkt 256001 and possession of red snapper in or from the South Atlantic EEZ is prohibited for the remainder of the 2022 fishing year. On and after the effective date of the closure notification, all sale or purchase of red snapper is prohibited. This prohibition on the harvest, possession, sale or purchase 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 9990 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 closure. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect red snapper because the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial ACL. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: August 25, 2022. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2022–18763 Filed 8–26–22; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Rules and Regulations]
[Pages 52859-52860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18763]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 121004515-3608-02; RTID 0648-XC302]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2022 Commercial Closure for South Atlantic Red Snapper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure for red snapper in 
the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects 
commercial landings of red snapper have reached the commercial annual 
catch limit (ACL) for the 2022 fishing year. Therefore, NMFS is closing 
the commercial sector for red snapper in the South Atlantic EEZ. This 
closure is necessary to protect the red snapper resource.

DATES: This temporary rule is effective from 12:01 a.m., eastern time, 
on August 31, 2022, through December 31, 2022.

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.

[[Page 52860]]

    The commercial ACL for red snapper in the South Atlantic is 124,815 
lb (56,615 kg), round weight, as specified in 50 CFR 622.193(y)(1).
    Under 50 CFR 622.193(y)(1), NMFS is required to close the 
commercial sector for red snapper when the commercial ACL is reached, 
or is projected to be reached, by filing a notification to that effect 
with the Office of the Federal Register. NMFS has determined that the 
commercial ACL for South Atlantic red snapper will be reached by August 
31, 2022. Accordingly, the commercial sector for South Atlantic red 
snapper is closed effective at 12:01 a.m., eastern time, on August 31, 
2022. For the 2023 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 August 31, 2022. Because the recreational sector 
closed on July 10, 2022 (87 FR 31190; May 23, 2022), after the 
commercial sector closure that is effective on August 31, 2022, all 
harvest and possession of red snapper in or from the South Atlantic EEZ 
is prohibited for the remainder of the 2022 fishing year.
    On and after the effective date of the closure notification, all 
sale or purchase of red snapper is prohibited. This prohibition on the 
harvest, possession, sale or purchase 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 
closure. Such procedures are contrary to the public interest because of 
the need to immediately implement this action to protect red snapper 
because the capacity of the fishing fleet allows for rapid harvest of 
the commercial ACL. Prior notice and opportunity for public comment 
would require time and could potentially result in a harvest well in 
excess of the established commercial ACL.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 25, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-18763 Filed 8-26-22; 4:15 pm]
BILLING CODE 3510-22-P

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