Rule2021-19687
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2021 Commercial Closure for South Atlantic Red Snapper
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 13, 2021
Effective
September 14, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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 2021 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.
Full Text
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<title>Federal Register, Volume 86 Issue 174 (Monday, September 13, 2021)</title>
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[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Rules and Regulations]
[Page 50861]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19687]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 121004515-3608-02; RTID 0648-XB398]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2021 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 2021 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 September 14, 2021, through December 31, 2021.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#036e62717a2d75627162436d6c62622d646c75"><span class="__cf_email__" data-cfemail="2a474b5853045c4b584b6a44454b4b044d455c">[email protected]</span></a>.
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 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
September 14, 2021. Accordingly, the commercial sector for South
Atlantic red snapper is closed effective at 12:01 a.m., eastern time,
on September 14, 2021. 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 September 14, 2021. Because the recreational
sector closed on July 12, 2021 (86 FR 30393, June 8, 2021), after the
commercial sector closure that is effective on September 14, 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.
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: September 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-19687 Filed 9-9-21; 8:45 am]
BILLING CODE 3510-22-P
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