Rule2021-21527
Reef Fish Fishery of the Gulf of Mexico; 2021 Commercial and Recreational Accountability Measure and Closures for Gulf of Mexico Lane 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
October 4, 2021
Effective
October 18, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure (AM) for the lane snapper commercial and recreational sectors 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 stock annual catch limit (ACL) for Gulf lane snapper will be reached by October 18, 2021. Therefore, NMFS closes the commercial and recreational sectors for Gulf lane snapper on October 18, 2021, and they will remain closed through the end of the current fishing year on December 31, 2021. These closures are necessary to protect the Gulf lane snapper resource.
Full Text
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<title>Federal Register, Volume 86 Issue 189 (Monday, October 4, 2021)</title>
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[Federal Register Volume 86, Number 189 (Monday, October 4, 2021)]
[Rules and Regulations]
[Page 54657]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21527]
[[Page 54657]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100217097-1757-02; RTID 0648-XB450]
Reef Fish Fishery of the Gulf of Mexico; 2021 Commercial and
Recreational Accountability Measure and Closures for Gulf of Mexico
Lane 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 (AM) for the lane
snapper commercial and recreational sectors 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 stock
annual catch limit (ACL) for Gulf lane snapper will be reached by
October 18, 2021. Therefore, NMFS closes the commercial and
recreational sectors for Gulf lane snapper on October 18, 2021, and
they will remain closed through the end of the current fishing year on
December 31, 2021. These closures are necessary to protect the Gulf
lane snapper resource.
DATES: This temporary rule is effective from 12:01 a.m., local time, on
October 18, 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:
<a href="/cdn-cgi/l/email-protection#d893bdb4b4b1f6979cb7b6b6bdb4b498b6b7b9b9f6bfb7ae"><span class="__cf_email__" data-cfemail="9fd4faf3f3f6b1d0dbf0f1f1faf3f3dff1f0fefeb1f8f0e9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery,
which includes lane snapper, 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 lane snapper weights discussed in
this temporary rule are in round weight.
The stock ACL for Gulf lane snapper is 301,000 lb (136,531 kg). As
specified in 50 CFR 622.41(k), if during a fishing year the sum of the
commercial and recreational lane snapper landings exceeds the stock
ACL, then during the following fishing year, if the sum of commercial
and recreational landings reaches or is projected to reach the stock
ACL, NMFS is required to close the commercial and recreational sectors
for the remainder of that fishing year. In the 2020 fishing year, lane
snapper landings exceeded the stock ACL by 57,638 lb (26,144 kg). For
the 2021 fishing year, NMFS has determined that the 2021 stock ACL for
Gulf lane snapper will be reached by October 18, 2021. Accordingly,
this temporary rule closes the commercial and recreational sectors for
Gulf lane snapper effective at 12:01 a.m., local time, on October 18,
2021, and both sectors will remain closed through the end of the
current fishing year on December 31, 2021.
During the commercial and recreational closures, the commercial
sale or purchase of lane snapper taken from the Gulf EEZ is prohibited
and all harvest or possession in or from the Gulf EEZ of lane snapper
is prohibited. The prohibition on possession of Gulf lane snapper also
applies in Gulf state waters for a vessel issued a valid Federal
charter vessel/headboat permit for Gulf reef fish. During the closures,
the operator of a vessel with a valid commercial vessel permit for Gulf
reef fish having lane snapper on board must have landed and bartered,
traded, or sold such lane snapper prior to 12:01 a.m., local time, on
October 18, 2021. The prohibition on the sale or purchase of lane
snapper does not apply to fish that were harvested, landed ashore, and
sold prior to 12:01 a.m., local time, on October 18, 2021, and were
held in cold storage by a dealer or processor.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.41(k), 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 lane snapper commercial and recreational sectors at 50
CFR 622.41(k) 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 lane snapper stock and provide vessel owners and
operators with as much time as possible to adjust their planned
fishing. Prior notice and opportunity for public comment would require
time and would potentially allow the sectors to exceed the stock 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 29, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-21527 Filed 9-29-21; 4:15 pm]
BILLING CODE 3510-22-P
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