[Federal Register Volume 85, Number 48 (Wednesday, March 11, 2020)]
[Rules and Regulations]
[Pages 14171-14172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05003]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140818679-5356-02]
RTID 0648-XS026
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of the Gulf of Mexico; 2020 Red Snapper Recreational
For-Hire Fishing Season in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS announces the 2020 recreational fishing season for the
Federal charter vessel/headboat (for-hire) component for red snapper in
the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through
this temporary rule. The red snapper recreational for-hire component in
the Gulf EEZ opens on June 1, 2020, and will close at 12:01 a.m., local
time, on August 2, 2020. This closure is necessary to prevent the
Federal for-hire component from exceeding its quota and to prevent
overfishing of the Gulf red snapper resource.
DATES: The closure is effective at 12:01 a.m., local time, on August 2,
2020, until 12:01 a.m., local time, on January 1, 2021.
FOR FURTHER INFORMATION CONTACT: Daniel Luers, NMFS Southeast Regional
Office, telephone: 727-551-5719, email: [email protected].
SUPPLEMENTARY INFORMATION: The Gulf reef fish fishery, which includes
red snapper, is managed 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) by regulations at 50 CFR part
622.
The final rule implementing Amendment 40 to the FMP established two
components within the recreational sector fishing for Gulf red snapper:
The private angling component, and the Federal for-hire component (80
FR 22422, April 22, 2015). Amendment 40 also allocated the red snapper
recreational ACL (recreational quota) between the components and
established separate seasonal closures for the two components. On
February 6, 2020, Amendments 50 A-F to the FMP were implemented, which
delegated authority to the Gulf states (Louisiana, Mississippi,
Alabama, Florida, and Texas) to establish specific management measures
for the harvest of red snapper in Federal water of the Gulf by the
private angling component of the recreational sector (85 FR 6819,
February 6, 2020). These amendments allocate a portion of the private
angling quota to each state, and each state is required to constrain
landings to its allocation. Therefore, NMFS will no longer announce a
season for the private angling component of the recreational sector.
Additionally, on February 20, 2020, NMFS published a final rule
implementing a framework action that changed the Federal for-hire
component's red snapper annual catch target (ACT) for 2020 and beyond,
from 20 percent below the for-hire component quota to 9 percent below
the for-hire component quota (85 FR 9684). This rule will be effective
on March 23, 2020.
The red snapper for-hire component seasonal closure is projected
from the component ACT. Projecting the for-hire component's seasonal
closure using the ACT reduces the likelihood of the harvest exceeding
the component quota and the total recreational quota.
All weights described in this temporary rule are in round weight.
[[Page 14172]]
The Federal for-hire component quota for red snapper in the Gulf
EEZ is 3.130 million lb (1.420 million kg), and the 2020 ACT will be
2.848 million lb (1.292 million kg) (50 CFR 622.41(q)(2)(iii)(B)).
The 2020 Federal Gulf red snapper for-hire fishing season has been
determined to be 62 days based on NMFS' projection of the date landings
are expected to reach the component ACT. For details about the
calculation of the projection for 2020, see https://www.fisheries.noaa.gov/southeast/sustainable-fisheries/gulf-mexico-recreational-red-snapper-management. Therefore, the 2020 recreational
season for the Federal for-hire component will begin at 12:01 a.m.,
local time, on June 1, 2020, and close at 12:01 a.m., local time, on
August 2, 2020.
On and after the effective date of the Federal for-hire component
closure, the bag and possession limits for red snapper for Federal for-
hire vessels are zero. When the Federal for-hire component is closed,
these bag and possession limits apply in the Gulf on board a vessel for
which a valid Federal for-hire permit for Gulf reef fish has been
issued, without regard to where such species were harvested, i.e., in
state or Federal waters. In addition, a person aboard a vessel that has
been issued a charter vessel/headboat permit for Gulf reef fish any
time during the fishing year may not harvest or possess red snapper in
or from the Gulf EEZ when the Federal charter vessel/headboat component
is closed.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of Gulf red snapper and is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws.
This action is taken under 50 CFR 622.41(q)(2)(i) and (ii) 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.
This action is based on the best scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to implement this action to close the Federal for-hire component of the
red snapper recreational sector constitute good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule pursuant to the authority set forth in 5 U.S.C.
553(b)(B), because such procedures are unnecessary and contrary to the
public interest. Such procedures are unnecessary because the rule
implementing the recreational red snapper quotas and ACTs, and the rule
implementing the requirement to close the for-hire component when its
ACT is projected to be reached have 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 many for-
hire operations book trips for clients in advance and require as much
notice as NMFS is able to provide to adjust their business plans to
account for the fishing season.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 6, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-05003 Filed 3-6-20; 4:15 pm]
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