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)

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.

[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]


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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.

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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]
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