Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2024 Commercial Closure of Red Snapper in the South Atlantic, 63843-63844 [2024-17347]
Download as PDF
Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Rules and Regulations
Under this interim final rule, the limit
at 50 CFR 300.224(a) will change from
3,554 mt to 6,554 mt. The limit of 6,554
mt will remain effective until replaced.
No other changes to the regulations at
50 CFR 300.224 would be made at this
time. As noted above, Table 3 of CMM
2023–01 expressly prohibits attribution
of catch of U.S. longline vessels
operating under agreements to the U.S.
participating territories. Accordingly,
approval of specified fishing agreements
under 50 CFR 300.224(d) is no longer
authorized. NMFS will update the
regulatory provision at § 300.224(d) as
part of a future rulemaking.
Paragraph 38 of CMM 2023–01
continues the provision of requiring any
overages of limits to be deducted from
the following year’s limit.
CMM 2023–01 is in effect until
February 15, 2027. However, as has
been NMFS’s practice, the elements of
the interim final rule will remain in
effect until they are replaced or
amended, to avoid a lapse in the
management of the fisheries.
The Action
ddrumheller on DSK120RN23PROD with RULES1
The Commission-adopted longline
bigeye tuna catch limit for the United
States for 2024 is 6,554 mt. Thus, NMFS
is implementing a calendar year catch
limit of 6,554 mt that would remain
effective until replaced.
The calendar year longline bigeye
tuna catch limit will apply to U.Sflagged longline vessels operating as
part of the U.S. longline fisheries. The
limit will not apply to catch landed in
the U.S. territories of American Samoa,
CNMI, or Guam or catch made by
vessels with dual permits outside of the
U.S. EEZ surrounding Hawaii.
Consistent with the basis for the
limits prescribed in CMM 2023–01 and
with regulations issued by NMFS to
implement bigeye tuna catch limits in
U.S. longline fisheries as described
below, the catch limit is measured in
terms of retained catches—that is,
bigeye tuna that are caught by longline
gear and retained on board the vessel.
Existing regulations at 50 CFR
300.224 regarding announcement of a
fishery closure and prohibitions during
a fishery closure will remain in place
under this proposed action.
Classification
The Administrator, Pacific Islands
Region, NMFS, has determined that this
interim final rule is consistent with the
WCPFC Implementation Act and other
applicable laws, subject to further
consideration after public comment.
VerDate Sep<11>2014
17:02 Aug 05, 2024
Jkt 262001
Administrative Procedure Act
There is good cause under 5 U.S.C.
553(b)(B) to waive prior notice and the
opportunity for public comment on the
interim final rule, because prior notice
and the opportunity for public comment
would be contrary to the public interest.
NMFS anticipates the currently codified
3,554 mt longline bigeye tuna catch
limit to be reached imminently. If the
limit is not revised before it is reached,
regulations require the fishery to close,
which would be contrary to the public
interest because the fishery would close
under a limit that is no longer consistent
with applicable law (CMM 2023–01).
Prior notice and comment is also
unnecessary because stakeholders and
industry groups were involved with the
development of this action as active
participants in WCPFC negotiations
leading to the adoption of CMM 2023–
01. Nevertheless, NMFS will consider
and respond to public comments
received on the interim final rule and
will accordingly make any appropriate
revisions.
Consistent with 5 U.S.C. 553(d)(1),
this interim final rule will become
effective immediately upon publication
because it is a substantive rule which
relieves a regulatory restriction (i.e.,
modifies the bigeye tuna catch limit
from 3,554 mt to 6,554 mt).
Coastal Zone Management Act (CZMA)
NMFS determined that this action is
consistent to the maximum extent
practicable with the enforceable policies
of the approved coastal management
program of American Samoa, the CNMI,
Guam, and the State of Hawai’i.
Determinations to Hawai’i and each of
the territories were submitted on June 6,
2024, for review by the responsible State
and territorial agencies under section
307 of the CZMA.
Executive Order 12866
Regulatory Flexibility Act
Because prior notice and opportunity
for public comment are not required for
the interim final rule by 5 U.S.C. 553,
or any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
inapplicable. As stated above, there is
good cause under 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity
for public comment on the interim final
rule, because prior notice and the
opportunity for public comment would
be contrary to the public interest.
Therefore, no regulatory flexibility
Frm 00031
Fmt 4700
Sfmt 4700
analysis was required and none has
been prepared.
Paperwork Reduction Act
This interim final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: July 30, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
300, subpart O, as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart O—Western and Central
Pacific Fisheries for Highly Migratory
Species
1. The authority citation for 50 CFR
part 300, subpart O, continues to read as
follows:
■
Authority: 16 U.S.C. 6901 et seq.
2. In § 300.224, revise paragraph (a)(1)
to read as follows:
■
§ 300.224
Longline fishing restrictions.
*
*
*
*
*
(a) * * *
(1) There is a limit of 6,554 metric
tons of bigeye tuna per calendar year
that may be captured in the Convention
Area by longline gear and retained on
board by fishing vessels of the United
States.
*
*
*
*
*
[FR Doc. 2024–17295 Filed 8–5–24; 8:45 am]
BILLING CODE 3510–22–P
This interim final rule has been
determined to be not significant for
purposes of Executive Order 12866.
PO 00000
63843
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 240610–0155; RTID 0648–
XE156]
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2024
Commercial Closure of Red Snapper in
the South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\06AUR1.SGM
06AUR1
63844
ACTION:
Federal Register / Vol. 89, No. 151 / Tuesday, August 6, 2024 / Rules and Regulations
Temporary rule; closure.
NMFS implements an
accountability measure for red snapper
in the exclusive economic zone (EEZ) of
the South Atlantic. NMFS projects that
commercial landings of red snapper
have reached the commercial annual
catch limit (ACL) for the 2024 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 August 6, 2024 through December
31, 2024.
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 NMFS, 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.
On June 14, 2024, NMFS published a
final temporary rule to reduce
overfishing of red snapper in Federal
waters of the South Atlantic (89 FR
50530). Regulations at 50 CFR
622.193(aa)(1) specify the commercial
ACL and accountability measure for red
snapper in the South Atlantic for the
2024 fishing year. Among other
ddrumheller on DSK120RN23PROD with RULES1
DATES:
VerDate Sep<11>2014
17:02 Aug 05, 2024
Jkt 262001
measures, for the 2024 fishing year the
commercial ACL was reduced from
124,815 pounds (lb) or 56,615 kilograms
(kg) to 85,268 lb (38,677 kg), round
weight (50 CFR 622.193(aa)(1)). NMFS
is required to close the commercial
sector for red snapper when NMFS
projects its landings will reach or have
reached the commercial ACL. NMFS has
determined that the commercial ACL for
South Atlantic red snapper has been
reached. Accordingly, the commercial
sector for South Atlantic red snapper is
closed from August 6, 2024 through the
end of 2024. Unless NMFS specifies
otherwise, the commercial season for
the 2025 fishing year 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 with red
snapper on board must have landed and
bartered, traded, or sold such red
snapper prior to August 6, 2024.
Because the harvest of red snapper by
the recreational sector is also closed for
the rest of 2024 (89 FR 50530, June 14,
2024), during this commercial closure,
all harvest and possession of red
snapper in or from the South Atlantic
EEZ is prohibited through the end of
2024.
Also during the commercial closure
for South Atlantic red snapper, 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
issued a Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper, regardless if
such species were harvested or
possessed in state or Federal waters [50
CFR 622.181(c)(2) and 622.193(aa)(1)].
PO 00000
Frm 00032
Fmt 4700
Sfmt 9990
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.193(aa)(1), which was issued
pursuant to section 305(c) of the
Magnuson-Stevens Act, and is exempt
from review under Executive Order
12866.
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 that
established the 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 reasons just stated, there is
also 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 1, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–17347 Filed 8–1–24; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\06AUR1.SGM
06AUR1
Agencies
[Federal Register Volume 89, Number 151 (Tuesday, August 6, 2024)]
[Rules and Regulations]
[Pages 63843-63844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17347]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 240610-0155; RTID 0648-XE156]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2024 Commercial Closure of Red Snapper in the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 63844]]
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure for red snapper in
the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects
that commercial landings of red snapper have reached the commercial
annual catch limit (ACL) for the 2024 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 August 6, 2024 through
December 31, 2024.
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 NMFS, 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.
On June 14, 2024, NMFS published a final temporary rule to reduce
overfishing of red snapper in Federal waters of the South Atlantic (89
FR 50530). Regulations at 50 CFR 622.193(aa)(1) specify the commercial
ACL and accountability measure for red snapper in the South Atlantic
for the 2024 fishing year. Among other measures, for the 2024 fishing
year the commercial ACL was reduced from 124,815 pounds (lb) or 56,615
kilograms (kg) to 85,268 lb (38,677 kg), round weight (50 CFR
622.193(aa)(1)). NMFS is required to close the commercial sector for
red snapper when NMFS projects its landings will reach or have reached
the commercial ACL. NMFS has determined that the commercial ACL for
South Atlantic red snapper has been reached. Accordingly, the
commercial sector for South Atlantic red snapper is closed from August
6, 2024 through the end of 2024. Unless NMFS specifies otherwise, the
commercial season for the 2025 fishing year 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 with red snapper on board must have
landed and bartered, traded, or sold such red snapper prior to August
6, 2024. Because the harvest of red snapper by the recreational sector
is also closed for the rest of 2024 (89 FR 50530, June 14, 2024),
during this commercial closure, all harvest and possession of red
snapper in or from the South Atlantic EEZ is prohibited through the end
of 2024.
Also during the commercial closure for South Atlantic red snapper,
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 issued a Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper, regardless if such
species were harvested or possessed in state or Federal waters [50 CFR
622.181(c)(2) and 622.193(aa)(1)].
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(aa)(1), which
was issued pursuant to section 305(c) of the Magnuson-Stevens Act, and
is exempt from review under Executive Order 12866.
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 that established the
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 reasons just stated, there is also 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 1, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-17347 Filed 8-1-24; 4:15 pm]
BILLING CODE 3510-22-P