[Federal Register Volume 84, Number 238 (Wednesday, December 11, 2019)]
[Rules and Regulations]
[Page 67674]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26640]
[[Page 67674]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No.100812345-2142-03; RTID 0648-XS018]
Snapper-Grouper Fishery of the South Atlantic; 2019 Recreational
Accountability Measure and Closure for the South Atlantic Deep-Water
Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for the
recreational sector for the snapper-grouper deep-water complex
(yellowedge grouper, silk snapper, misty grouper, queen snapper, sand
tilefish, and blackfin snapper) in the South Atlantic for the 2019
fishing year through this temporary rule. NMFS has determined that
recreational landings of the deep-water complex have exceeded the
recreational annual catch limit (ACL). Therefore, NMFS closes the
recreational sector for this complex on December 11, 2019, through the
remainder of the 2019 fishing year in the exclusive economic zone (EEZ)
of the South Atlantic. This closure is necessary to protect the species
in the deep-water complex.
DATES: This rule is effective 12:01 a.m., local time, December 11,
2019, until 12:01 a.m., local time, January 1, 2020.
FOR FURTHER INFORMATION, CONTACT: Frank Helies, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes the deep-water complex, which includes yellowedge
grouper, silk snapper, misty grouper, queen snapper, sand tilefish, and
blackfin 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 recreational ACL for the deep-water complex is 38,628 lb
(17,521 kg), round weight. Under 50 CFR 622.193(h)(2)(i), NMFS is
required to close the recreational sector for the deep-water complex
when the recreational ACL has been reached, or is projected to be
reached, by filing a notification to that effect with the Office of the
Federal Register, unless NMFS determines that no closure is necessary
based on the best scientific information available. NMFS has determined
that the recreational sector has exceeded the ACL for this complex.
Therefore, this temporary rule implements an AM to close the
recreational sector for the deep-water complex in the South Atlantic
EEZ, effective 12:01 a.m., local time, December 11, 2019, until January
1, 2020, the start of the next fishing year.
During the recreational closure, the bag and possession limits for
the fish in the deep-water complex in or from the South Atlantic EEZ
are zero. Therefore, as of 12:01 a.m. on December 11, 2019, no
recreational harvest of fish in the deep-water complex from the South
Atlantic EEZ is allowed for the remainder of the 2019 fishing year.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the deep-water complex, a component of the South Atlantic snapper-
grouper fishery, and is consistent with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CFR 622.193(h)(2)(i) 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 public comment.
This action responds to the best scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to immediately implement this action to close the recreational sector
for the deep-water complex constitutes good cause to waive the
requirements to provide prior notice and opportunity for public comment
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such
procedures are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the rule implementing the AM itself
has 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 the deep-water complex. Prior notice and opportunity
for public comment would require time and would potentially allow the
recreational sector to further exceed its 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: December 5, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-26640 Filed 12-6-19; 4:15 pm]
BILLING CODE 3510-22-P