Rule2021-19825
Reef Fish Fishery of the Gulf of Mexico; 2021 Recreational Accountability Measure and Closure for Gulf of Mexico Red Grouper
Primary source
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Published
September 15, 2021
Effective
September 15, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure (AM) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2021 fishing year through this temporary rule. NMFS has projected that the 2021 recreational annual catch limit (ACL) for Gulf red grouper has been met. Therefore, NMFS closes the recreational sector for Gulf red grouper on September 15, 2021, and it will remain closed through the end of the fishing year on December 31, 2021. This closure is necessary to protect the Gulf red grouper resource.
Full Text
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<title>Federal Register, Volume 86 Issue 176 (Wednesday, September 15, 2021)</title>
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[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Rules and Regulations]
[Page 51276]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-19825]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217095-2081-04; RTID 0648-XB410]
Reef Fish Fishery of the Gulf of Mexico; 2021 Recreational
Accountability Measure and Closure for Gulf of Mexico Red Grouper
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 (AM) for the red
grouper recreational sector in the exclusive economic zone (EEZ) of the
Gulf of Mexico (Gulf) for the 2021 fishing year through this temporary
rule. NMFS has projected that the 2021 recreational annual catch limit
(ACL) for Gulf red grouper has been met. Therefore, NMFS closes the
recreational sector for Gulf red grouper on September 15, 2021, and it
will remain closed through the end of the fishing year on December 31,
2021. This closure is necessary to protect the Gulf red grouper
resource.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
September 15, 2021, until 12:01 a.m., local time, on January 1, 2022.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-551-5719, email: <a href="/cdn-cgi/l/email-protection#4a2e2b24232f2664263f2f38390a24252b2b642d253c"><span class="__cf_email__" data-cfemail="d2b6b3bcbbb7befcbea7b7a0a192bcbdb3b3fcb5bda4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery,
which includes red grouper, 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 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 grouper weights discussed in this temporary rule are
in gutted weight.
The recreational ACL for Gulf red grouper is 1,000,000 lb (450,000
kg), and the recreational annual catch target (ACT) is 920,000 lb
(420,000 kg) (50 CFR 622.41(e)(2)(iv)).
As specified in 50 CFR 622.41(e)(2)(i), NMFS is required to close
the recreational sector for red grouper when the recreational ACL is
reached or is projected to be reached by filing a notification to that
effect with the Office of the Federal Register. Based on information
received on September 1, 2021, NMFS has determined the 2021
recreational ACL for Gulf red grouper was met as of June 30, 2021.
Accordingly, this temporary rule closes the recreational sector for
Gulf red grouper effective at 12:01 a.m., local time, on September 15,
2021, and it will remain closed through the end of the fishing year on
December 31, 2021.
During the recreational closure, the bag and possession limits for
red grouper in or from the Gulf EEZ are zero. The prohibition on
possession of Gulf red grouper also applies in Gulf state waters for
any vessel issued a valid Federal charter vessel/headboat permit for
Gulf reef fish.
Because the 2021 recreational ACL for Gulf red grouper has been
exceeded, NMFS will file a notice with the Office of the Federal
Register to reduce the length of the 2022 Gulf recreational red grouper
fishing season by the amount necessary to ensure Gulf red grouper
recreational landings in 2022 do not exceed the recreational ACT (50
CFR 622.41(e)(2)(ii).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(e)(2)(i), 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), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment is unnecessary and contrary to the public interest. Such
procedures are unnecessary because the regulations associated with the
closure of the red grouper recreational sector at 50 CFR
622.41(e)(2)(i) have already been subject to notice and public comment,
and all that remains is to notify the public of the closure. Prior
notice and opportunity for public comment are contrary to the public
interest because there is a need to immediately implement this action
to protect the red grouper stock. The recreational ACL for red grouper
has already been exceeded. Prior notice and opportunity for public
comment would require time and could result in a harvest well in excess
of the established ACL.
For the aforementioned reasons, the Assistant Administrator 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 9, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-19825 Filed 9-10-21; 4:15 pm]
BILLING CODE 3510-22-P
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