83 FR 55292 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Red Snapper
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 214 (November 5, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 214 (November 5, 2018)
| Page Range | 55292-55292 | |
| FR Document | 2018-24182 |
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)] [Rules and Regulations] [Page 55292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24182] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1710319998630-02] RIN 0648-XG594 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Red Snapper AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures for commercial red snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for red snapper will reach the commercial annual catch limit (ACL) for the 2018 fishing year. Therefore, NMFS is closing the commercial sector for red snapper in the South Atlantic EEZ on November 7, 2018. This closure is necessary to protect the red snapper resource. DATES: This rule is effective 12:01 a.m., local time, November 7, through December 31, 2018. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes red 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 2018 commercial ACL for red snapper in the South Atlantic is 124,815 lb (56,615 kg), round weight, as specified in 50 CFR 622.193(y)(1). Under 50 CFR 622.193(y)(1), NMFS is required to close the commercial sector for red snapper when the commercial ACL is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial ACL for South Atlantic red snapper will be reached by November 7, 2018. Accordingly, the commercial sector for South Atlantic red snapper is closed effective 12:01 a.m., local time, November 7, 2018. For the 2019 fishing year, NMFS will announce the commercial season opening date in the Federal Register. Unless otherwise specified, the 2019 commercial season will begin on the second Monday in July (50 CFR 622.183(b)(5)(i)). NMFS notes that the red snapper recreational sector closed for the 2018 fishing year at 12:01 a.m., local time, August 20, 2018 (83 FR 35428; July 26, 2018). Therefore, as of the commercial closure effective date, all harvest and possession red snapper in the South Atlantic EEZ will be prohibited. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having red snapper onboard must have landed and bartered, traded, or sold such red snapper prior to 12:01 a.m., local time, November 7, 2018. On and after the effective date of the closure notification, all sale or purchase of red snapper is prohibited. This prohibition on the harvest, possession, sale/purchase apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested or possessed, i.e., in state or Federal waters (50 CFR 622.193(y)(1) and 622.181(c)(2)). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of red snapper and 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(y)(1) 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 responds to the best scientific information available. The NOAA Assistant Administrator for Fisheries (AA), finds that the need to immediately implement this action to close the commercial sector for red snapper 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 FMP Amendment 43, which established the commercial season and ACLs for red snapper, and the accountability measures has 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 of the need to immediately implement this action to protect red snapper since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial 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: October 31, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-24182 Filed 11-1-18; 4:15 pm] BILLING CODE 3510-22-P
![55292 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Rules and Regulations
Section R311–204–2, Underground Storage DATES: This rule is effective 12:01 a.m., such species were harvested or
Tank Closure Plan. local time, November 7, through possessed, i.e., in state or Federal waters
Section R311–204–3, Disposal. December 31, 2018. (50 CFR 622.193(y)(1) and
Section R311–204–4, Closure notice.
Section R311–205–1, Underground Storage FOR FURTHER INFORMATION CONTACT: 622.181(c)(2)).
Tanks: Site Assessment Protocol, Definitions, Mary Vara, NMFS Southeast Regional
Classification
except those definitions listed as excepted Office, telephone: 727–824–5305, email:
under R311–200–1. mary.vara@noaa.gov. The Regional Administrator,
Section R311–205–2, Site assessment SUPPLEMENTARY INFORMATION: The Southeast Region, NMFS, has
protocol. snapper-grouper fishery of the South determined this temporary rule is
Section R311–206–1, Underground Storage
Atlantic includes red snapper and is necessary for the conservation and
Tanks: Certificate of Compliance and
Financial Assurance Mechanisms, managed under the Fishery management of red snapper and the
Definitions, except those definitions listed as Management Plan for the Snapper- South Atlantic snapper-grouper fishery
excepted under R311–200–1. Grouper Fishery of the South Atlantic and is consistent with the Magnuson-
Section R311–206–2, Declaration of Region (FMP). The FMP was prepared Stevens Act and other applicable laws.
financial assurance mechanisms, except by the South Atlantic Fishery
(a)(1), (b), and (c). Management Council and is This action is taken under 50 CFR
Section R311–206–3, Requirements for implemented by NMFS under the 622.193(y)(1) and is exempt from review
issuance of certificates of compliance, except authority of the Magnuson-Stevens under Executive Order 12866.
(7) and (8). These measures are exempt from the
Fishery Conservation and Management
Section R311–206–5, Requirements for
owners and operators demonstrating Act (Magnuson-Stevens Act) by procedures of the Regulatory Flexibility
financial assurance by other methods, except regulations at 50 CFR part 622. Act because the temporary rule is issued
(b) and (b)(2). The 2018 commercial ACL for red without opportunity for prior notice and
Section R311–206–8, Delivery prohibition, snapper in the South Atlantic is 124,815 comment.
except (a)(1)—(4) and (f)(1)(A). lb (56,615 kg), round weight, as
This action responds to the best
(c) Copies of the Utah regulations that are specified in 50 CFR 622.193(y)(1).
incorporated by reference are available from scientific information available. The
Under 50 CFR 622.193(y)(1), NMFS is
the Utah’s Office of Administrative Rules, NOAA Assistant Administrator for
required to close the commercial sector
Office Coordinator, P.O. Box 141007, Salt for red snapper when the commercial Fisheries (AA), finds that the need to
Lake City, UT 84114–1007; Phone number:
ACL is reached, or is projected to be immediately implement this action to
801–538–3003; website: https://rules.utah. close the commercial sector for red
gov/publications/utah-adm-code/. reached, by filing a notification to that
effect with the Office of the Federal snapper constitutes good cause to waive
[FR Doc. 2018–24062 Filed 11–2–18; 8:45 am]
Register. NMFS has determined that the the requirements to provide prior notice
BILLING CODE 6560–50–P
commercial ACL for South Atlantic red and opportunity for public comment
snapper will be reached by November 7, pursuant to the authority set forth in 5
2018. Accordingly, the commercial U.S.C. 553(b)(B), as such procedures are
DEPARTMENT OF COMMERCE sector for South Atlantic red snapper is unnecessary and contrary to the public
closed effective 12:01 a.m., local time, interest. Such procedures are
National Oceanic and Atmospheric November 7, 2018. For the 2019 fishing unnecessary because the rule
Administration year, NMFS will announce the implementing FMP Amendment 43,
commercial season opening date in the which established the commercial
50 CFR Part 622 Federal Register. Unless otherwise season and ACLs for red snapper, and
[Docket No. 1710319998630–02] specified, the 2019 commercial season the accountability measures has already
will begin on the second Monday in July been subject to notice and comment,
RIN 0648–XG594 (50 CFR 622.183(b)(5)(i)). NMFS notes and all that remains is to notify the
Fisheries of the Caribbean, Gulf of that the red snapper recreational sector public of the closure. Such procedures
Mexico, and South Atlantic; 2018 closed for the 2018 fishing year at 12:01 are contrary to the public interest
Commercial Accountability Measure a.m., local time, August 20, 2018 (83 FR because of the need to immediately
and Closure for South Atlantic Red 35428; July 26, 2018). Therefore, as of implement this action to protect red
Snapper the commercial closure effective date, snapper since the capacity of the fishing
all harvest and possession red snapper fleet allows for rapid harvest of the
AGENCY: National Marine Fisheries in the South Atlantic EEZ will be commercial ACL. Prior notice and
Service (NMFS), National Oceanic and prohibited. opportunity for public comment would
Atmospheric Administration (NOAA), The operator of a vessel with a valid require time and could potentially result
Commerce. commercial vessel permit for South in a harvest well in excess of the
ACTION: Temporary rule; closure. Atlantic snapper-grouper having red established commercial ACL.
snapper onboard must have landed and
SUMMARY: NMFS implements bartered, traded, or sold such red For the aforementioned reasons, the
accountability measures for commercial snapper prior to 12:01 a.m., local time, AA also finds good cause to waive the
red snapper in the exclusive economic November 7, 2018. On and after the 30-day delay in the effectiveness of this
zone (EEZ) of the South Atlantic. NMFS effective date of the closure notification, action under 5 U.S.C. 553(d)(3).
projects commercial landings for red all sale or purchase of red snapper is Authority: 16 U.S.C. 1801 et seq.
snapper will reach the commercial prohibited. This prohibition on the Dated: October 31, 2018.
annual catch limit (ACL) for the 2018 harvest, possession, sale/purchase apply
fishing year. Therefore, NMFS is closing in the South Atlantic on board a vessel Karen H. Abrams,
the commercial sector for red snapper in for which a valid Federal commercial or Acting Director, Office of Sustainable
the South Atlantic EEZ on November 7, charter vessel/headboat permit for Fisheries, National Marine Fisheries Service.
2018. This closure is necessary to South Atlantic snapper-grouper has [FR Doc. 2018–24182 Filed 11–1–18; 4:15 pm]
protect the red snapper resource. been issued, without regard to where BILLING CODE 3510–22–P
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Document Created: 2018-11-03 00:28:30
Document Modified: 2018-11-03 00:28:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, November 7, through December 31, 2018. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 55292 | |
| RIN Number | 0648-XG59 |
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