Rule2024-12219
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2024 Commercial Closure for Snowy Grouper in the South Atlantic
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
June 4, 2024
Effective
June 4, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS implements an accountability measure (AM) for the commercial harvest of snowy grouper in South Atlantic Federal waters. NMFS projects commercial landings of snowy grouper will reach the commercial quota for the January through June season. Therefore, NMFS closes Federal waters in the South Atlantic for the commercial harvest of snowy grouper until the July through December season begins. This closure is necessary to protect the snowy grouper resource.
Full Text
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<title>Federal Register, Volume 89 Issue 108 (Tuesday, June 4, 2024)</title>
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[Federal Register Volume 89, Number 108 (Tuesday, June 4, 2024)]
[Rules and Regulations]
[Page 47871]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12219]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 231127-0277; RTID 0648-XE001]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2024 Commercial Closure for Snowy Grouper in the South Atlantic
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
commercial harvest of snowy grouper in South Atlantic Federal waters.
NMFS projects commercial landings of snowy grouper will reach the
commercial quota for the January through June season. Therefore, NMFS
closes Federal waters in the South Atlantic for the commercial harvest
of snowy grouper until the July through December season begins. This
closure is necessary to protect the snowy grouper resource.
DATES: This temporary rule is effective from June 4, 2024, through June
30, 2024.
FOR FURTHER INFORMATION CONTACT: Jack McGovern, NMFS Southeast Regional
Office, phone: 727-204-5518, email: <a href="/cdn-cgi/l/email-protection#88e2e7e0e6a6e5ebefe7feedfae6c8e6e7e9e9a6efe7fe"><span class="__cf_email__" data-cfemail="e18b8e898fcf8c82868e9784938fa18f8e8080cf868e97">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes snowy grouper 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. All
weights described in this temporary rule are in gutted weight.
The commercial annual catch limit (ACL) for snowy grouper in 2024
is 106,174 pounds (lb) or 48,160 kilograms (kg). The commercial ACL is
divided into two commercial quotas, one quota for each 6-month fishing
season. Seventy percent of the commercial quota is allocated for the
January through June commercial fishing season and is 74,322 lb (33,712
kg) for 2024. The remaining 30 percent of the commercial ACL and
commercial quota for the July through December fishing season is 31,852
lb (14,448 kg) for 2024. 50 CFR 622.190(a)(1)(i)(B) and (ii)(B). Any
commercial quota remaining from the first season is added to the
commercial quota in second season, but any commercial quota remaining
from the second season is not carried forward into the next fishing
year.
Under 50 CFR 622.193(b)(1), NMFS is required to close the
commercial sector for snowy grouper when the commercial quota specified
in 50 CFR 622.190(a)(1) is reached or is projected to be reached, by
filing a notification to that effect with the Office of the Federal
Register. NMFS projects that commercial landings of snowy grouper will
reach the commercial quota for January through June 2024 by June 4,
2024. Accordingly, the commercial sector for South Atlantic snowy
grouper is closed starting on June 4, 2024, and remains closed until
the start of the next commercial fishing season on July 1, 2024.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having snowy grouper on board must have
landed and bartered, traded, or sold such snowy grouper before June 4,
2024. During the commercial closure, harvest and possession of snowy
grouper in or from South Atlantic Federal waters is limited to the bag
and possession limits, as specified in Sec. 622.187(b)(2)(ii) and
(c)(1). Also during the commercial closure, the sale or purchase of
snowy grouper taken from South Atlantic Federal waters is prohibited.
The prohibition on sale or purchase does not apply to the sale or
purchase of snowy grouper that were harvested, landed ashore, and sold
before June 4, 2024, and were held in cold storage by a dealer or
processor.
For a person on a vessel issued a valid Federal commercial or
charter vessel/headboat permit for South Atlantic snapper-grouper, the
bag and possession limits and the sale and purchase provisions during
the commercial closure for snowy grouper apply regardless of whether
the fish are harvested in state or Federal waters, as specified in 50
CFR 622.190(c)(1)(ii).
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(b)(1), which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is
exempt from review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment as such procedures are
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the regulations associated with the commercial
quota for South Atlantic snowy grouper have already been subject to
notice and comment, and all that remains is to notify the public of the
commercial closure for the remainder of the January through June
fishing season this year. Prior notice and opportunity for public
comment on this action is contrary to the public interest because of
the need to immediately implement the commercial closure to protect
South Atlantic snowy grouper, because the capacity of the fishing fleet
allows for rapid harvest of the commercial quota. Prior notice and
opportunity for public comment would require time and would potentially
result in a harvest that exceeds the commercial quota.
For the reasons just stated, there is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in the effective date of this
action.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 29, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-12219 Filed 5-30-24; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on June 4, 2024.
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