83_FR_62969 83 FR 62735 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Harvest for South Atlantic Red Snapper

83 FR 62735 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Harvest for South Atlantic Red Snapper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 234 (December 6, 2018)

Page Range62735-62735
FR Document2018-26433

NMFS announces the re-opening of the commercial sector for red snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial landings of red snapper indicate that the commercial annual catch limit (ACL) for the 2018 fishing year has not yet been reached. Therefore, NMFS re-opens the commercial sector for red snapper in the South Atlantic EEZ for 10 calendar days to allow the commercial ACL to be reached, while minimizing the risk of the commercial ACL being exceeded.

Federal Register, Volume 83 Issue 234 (Thursday, December 6, 2018) 
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Rules and Regulations]
[Page 62735]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-26433]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1710319998630-02]
RIN 0648-XG652


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Commercial Harvest for South Atlantic Red Snapper

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for red 
snapper in the exclusive economic zone (EEZ) of the South Atlantic 
through this temporary rule. The most recent commercial landings of red 
snapper indicate that the commercial annual catch limit (ACL) for the 
2018 fishing year has not yet been reached. Therefore, NMFS re-opens 
the commercial sector for red snapper in the South Atlantic EEZ for 10 
calendar days to allow the commercial ACL to be reached, while 
minimizing the risk of the commercial ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, December 5, 2018, 
until 12:01 a.m., local time, December 15, 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 commercial ACL for red snapper in the South Atlantic is 124,815 
lb (56,615 kg), round weight. Under 50 CFR 622.193(y)(1), NMFS is 
required to close the commercial sector for red snapper when landings 
reach, or are projected to reach, the commercial ACL by filing a 
notification to that effect with the Office of the Federal Register.
    NMFS previously projected that the commercial ACL for South 
Atlantic red snapper for the 2018 fishing year would be reached by 
November 7, 2018. Accordingly, NMFS published a temporary rule in the 
Federal Register to implement accountability measures (AMs) to close 
the commercial sector for red snapper in the South Atlantic EEZ 
effective November 7, 2018 (83 FR 55292; November 5, 2018).
    However, recent landings data for red snapper indicate that the 
commercial ACL has not been yet been reached. Consequently, and in 
accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial sector for red snapper effective at 12:01 a.m. on December 
5, 2018. The commercial sector will remain open for 10 calendar days 
and will close at 12:01 a.m. on December 15, 2018. Re-opening the 
commercial sector for 10 days allows an additional opportunity to 
commercially harvest the red snapper ACL while minimizing the risk of 
exceeding the commercial ACL. For the 2019 fishing year, NMFS will 
announce the commercial season opening date in the Federal Register.

Classification

    The Regional Administrator, NMFS Southeast Region, 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 622.8(c) 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 Assistant Administrator for NOAA Fisheries (AA), finds that the 
need to immediately implement this action to temporarily re-open 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 the commercial 
ACL and AMs for red snapper has already been subject to notice and 
comment, and all that remains is to notify the public of the re-
opening. Such procedures are contrary to the public interest because of 
the need to immediately implement this action to allow commercial 
fishers to further harvest the commercial ACL of red snapper from the 
South Atlantic EEZ, while minimizing the risk of exceeding the 
commercial ACL. Prior notice and opportunity for public comment would 
require time and would delay the re-opening of the commercial sector.
    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: November 30, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-26433 Filed 11-30-18; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Rules and Regulations 62735 the tracking equipment while the FAD reached, while minimizing the risk of commercial season opening date in the is onboard the purse seine vessel and the commercial ACL being exceeded. Federal Register. before it is deployed in the water. DATES: This rule is effective 12:01 a.m., Classification * * * * * local time, December 5, 2018, until (e) FAD design requirements to reduce 12:01 a.m., local time, December 15, The Regional Administrator, NMFS entanglements. All FADs onboard or 2018. Southeast Region, has determined this deployed by U.S. vessel owners, temporary rule is necessary for the FOR FURTHER INFORMATION CONTACT: conservation and management of red operators, or crew, must comply with Mary Vara, NMFS Southeast Regional snapper and the South Atlantic snapper- the following design requirements: (1) Raft: If the FAD design includes a Office, telephone: 727–824–5305, email: grouper fishery and is consistent with raft (e.g., flat raft or rolls of material) mary.vara@noaa.gov. the Magnuson-Stevens Act and other and if mesh netting is used as part of the SUPPLEMENTARY INFORMATION: The applicable laws. structure, the mesh netting shall have a snapper-grouper fishery of the South This action is taken under 50 CFR mesh size less than 7 centimeters and Atlantic includes red snapper and is 622.8(c) and is exempt from review the mesh net must be tightly wrapped managed under the Fishery under Executive Order 12866. such that no netting hangs below the Management Plan for the Snapper- These measures are exempt from the FAD when deployed; and, Grouper Fishery of the South Atlantic procedures of the Regulatory Flexibility (2) Subsurface: Any netting used in Region (FMP). The FMP was prepared Act because the temporary rule is issued the subsurface structure of the FAD by the South Atlantic Fishery without opportunity for prior notice and must be tightly tied into bundles Management Council and is comment. (‘‘sausages’’), or have stretched mesh implemented by NMFS under the This action responds to the best size less than 7 centimeters in a panel authority of the Magnuson-Stevens scientific information available. The that is weighted on the lower end with Fishery Conservation and Management Assistant Administrator for NOAA at least enough weight to keep the Act (Magnuson-Stevens Act) by Fisheries (AA), finds that the need to netting taut in the water column. regulations at 50 CFR part 622. immediately implement this action to [FR Doc. 2018–26387 Filed 12–4–18; 8:45 am] The commercial ACL for red snapper temporarily re-open the commercial BILLING CODE 3510–22–P in the South Atlantic is 124,815 lb sector for red snapper constitutes good (56,615 kg), round weight. Under 50 cause to waive the requirements to CFR 622.193(y)(1), NMFS is required to provide prior notice and opportunity for DEPARTMENT OF COMMERCE close the commercial sector for red public comment pursuant to the snapper when landings reach, or are authority set forth in 5 U.S.C. 553(b)(B), National Oceanic and Atmospheric projected to reach, the commercial ACL as such procedures are unnecessary and Administration by filing a notification to that effect with contrary to the public interest. Such the Office of the Federal Register. procedures are unnecessary because the 50 CFR Part 622 NMFS previously projected that the rule implementing the commercial ACL [Docket No. 1710319998630–02] commercial ACL for South Atlantic red and AMs for red snapper has already snapper for the 2018 fishing year would been subject to notice and comment, RIN 0648–XG652 be reached by November 7, 2018. and all that remains is to notify the Accordingly, NMFS published a public of the re-opening. Such Fisheries of the Caribbean, Gulf of temporary rule in the Federal Register procedures are contrary to the public Mexico, and South Atlantic; Re- to implement accountability measures interest because of the need to Opening of Commercial Harvest for (AMs) to close the commercial sector for immediately implement this action to South Atlantic Red Snapper red snapper in the South Atlantic EEZ allow commercial fishers to further AGENCY: National Marine Fisheries effective November 7, 2018 (83 FR harvest the commercial ACL of red Service (NMFS), National Oceanic and 55292; November 5, 2018). snapper from the South Atlantic EEZ, Atmospheric Administration (NOAA), However, recent landings data for red while minimizing the risk of exceeding Commerce. snapper indicate that the commercial the commercial ACL. Prior notice and ACTION: Temporary rule; re-opening. ACL has not been yet been reached. opportunity for public comment would Consequently, and in accordance with require time and would delay the re- SUMMARY: NMFS announces the re- 50 CFR 622.8(c), NMFS temporarily re- opening of the commercial sector. opening of the commercial sector for red opens the commercial sector for red For the aforementioned reasons, the snapper in the exclusive economic zone snapper effective at 12:01 a.m. on AA also finds good cause to waive the (EEZ) of the South Atlantic through this December 5, 2018. The commercial 30-day delay in the effectiveness of this temporary rule. The most recent sector will remain open for 10 calendar action under 5 U.S.C. 553(d)(3). commercial landings of red snapper days and will close at 12:01 a.m. on Authority: 16 U.S.C. 1801 et seq. indicate that the commercial annual December 15, 2018. Re-opening the catch limit (ACL) for the 2018 fishing commercial sector for 10 days allows an Dated: November 30, 2018. year has not yet been reached. additional opportunity to commercially Alan D. Risenhoover, Therefore, NMFS re-opens the harvest the red snapper ACL while Director, Office of Sustainable Fisheries, commercial sector for red snapper in the minimizing the risk of exceeding the National Marine Fisheries Service. South Atlantic EEZ for 10 calendar days commercial ACL. For the 2019 fishing [FR Doc. 2018–26433 Filed 11–30–18; 4:15 pm] khammond on DSK30JT082PROD with RULES to allow the commercial ACL to be year, NMFS will announce the BILLING CODE 3510–22–P VerDate Sep<11>2014 16:05 Dec 04, 2018 Jkt 247001 PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 E:\FR\FM\06DER1.SGM 06DER1


Document Created: 2018-12-05 02:35:45
Document Modified: 2018-12-05 02:35:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; re-opening.
DatesThis rule is effective 12:01 a.m., local time, December 5, 2018, until 12:01 a.m., local time, December 15, 2018.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 62735 
RIN Number0648-XG65
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