83 FR 63813 - Snapper-Grouper Fishery of the South Atlantic; 2018 Recreational Accountability Measure and Closure for South Atlantic Red Grouper
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 238 (December 12, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 238 (December 12, 2018)
| Page Range | 63813-63813 | |
| FR Document | 2018-26897 |
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)] [Rules and Regulations] [Page 63813] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26897] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100812345-2142-03] RIN 0648-XG661 Snapper-Grouper Fishery of the South Atlantic; 2018 Recreational Accountability Measure and Closure for South Atlantic Red Grouper AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2018 fishing year through this temporary rule. NMFS estimates recreational landings of red grouper in 2018 have exceeded the recreational annual catch limit (ACL). Therefore, NMFS closes the red grouper recreational sector in the South Atlantic EEZ at 12:01 a.m., local time, on December 12, 2018 for the remainder of the 2018 fishing year. This closure is necessary to protect the red grouper resource. DATES: This rule is effective 12:01 a.m., local time, December 12, 2018, until 12:01 a.m., local time, January 1, 2019. 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 red grouper 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. On July 26, 2018, as a result of the determination that red grouper was undergoing overfishing, NMFS published the final rule for Abbreviated Framework 1 to the FMP in the Federal Register (83 FR 35435). In part, that final rule decreased the recreational ACL for red grouper in the South Atlantic to end overfishing of the stock and set the recreational ACL for the 2018 fishing year at 77,840 lb (35,308 kg), whole weight, as described at Sec. 622.193(d)(2)(ii). In accordance with regulations at 50 CFR 622.193(d)(2)(i) for the recreational sector, if recreational landings of red grouper are projected to reach the recreational ACL, the Assistant Administrator for NOAA Fisheries (AA) will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year. Recent landings data from the NMFS Southeast Fisheries Science Center indicate that the red grouper recreational ACL for 2018 has been exceeded. Therefore, this temporary rule implements the AM to close the red grouper recreational sector of the snapper- grouper fishery for the remainder of the 2018 fishing year. As a result, the recreational sector for red grouper in the South Atlantic EEZ will be closed effective 12:01 a.m., local time December 12, 2018 through December 31, 2018. NMFS notes that while the 2019 fishing year begins on January 1, as described at Sec. 622.183(b)(1), the commercial and recreational harvest of red grouper is prohibited annually from January through April of each year. Therefore, the recreational sector for red grouper will reopen on May 1, 2019, the beginning of the recreational fishing season. The recreational ACL for 2019 is 84,000 lb (38,102 kg), whole weight, as described at Sec. 622.193(d)(2)(ii). Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of South Atlantic red grouper and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(d)(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 comment. This action responds to the best scientific information available. The AA finds that the need to immediately implement this action to close the recreational sector for red grouper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule pursuant to 5 U.S.C. 553(b)(B), because such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the AMs implementing the recreational closure have already been subject to notice and comment. All that remains is to notify the public of the recreational closure for red grouper for the remainder of the 2018 fishing year. Prior notice and opportunity for comment are contrary to the public interest because of the need to immediately implement this action to protect the red grouper resource. Time required for notice and public comment would allow for continued recreational harvest and further exceedance of the recreational 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 7, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-26897 Filed 12-7-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Rules and Regulations 63813
remain at 10 percent because the FOR FURTHER INFORMATION CONTACT: beginning of the recreational fishing
violation rate was lower than 0.5 Frank Helies, NMFS Southeast Regional season. The recreational ACL for 2019 is
percent for calendar years 2016 and Office, telephone: 727–824–5305, email: 84,000 lb (38,102 kg), whole weight, as
2017. The random alcohol violation frank.helies@noaa.gov. described at § 622.193(d)(2)(ii).
rates were 0.14 percent for 2016 and SUPPLEMENTARY INFORMATION: The Classification
0.16 percent for 2017. snapper-grouper fishery of the South
Detailed reports on the FTA drug and Atlantic includes red grouper and is The Regional Administrator for the
alcohol testing data collected from managed under the Fishery NMFS Southeast Region has determined
transit employers may be obtained from Management Plan for the Snapper- this temporary rule is necessary for the
the FTA’s Office of Transit Safety and Grouper Fishery of the South Atlantic conservation and management of South
Oversight, 1200 New Jersey Avenue SE, Region (FMP). The FMP was prepared Atlantic red grouper and is consistent
Washington, DC 20590, (202) 366–2010 by the South Atlantic Fishery with the Magnuson-Stevens Act and
or at https://transit-safety.fta.dot.gov/ Management Council and is other applicable laws.
DrugAndAlcohol/Publications/ implemented by NMFS under the This action is taken under 50 CFR
Default.aspx. authority of the Magnuson-Stevens 622.193(d)(2)(i) and is exempt from
K. Jane Williams, Fishery Conservation and Management review under Executive Order 12866.
Acting Administrator.
Act (Magnuson-Stevens Act) by
These measures are exempt from the
regulations at 50 CFR part 622.
[FR Doc. 2018–26950 Filed 12–11–18; 8:45 am]
On July 26, 2018, as a result of the procedures of the Regulatory Flexibility
BILLING CODE P
determination that red grouper was Act because the temporary rule is issued
undergoing overfishing, NMFS without opportunity for prior notice and
published the final rule for Abbreviated comment.
DEPARTMENT OF COMMERCE Framework 1 to the FMP in the Federal This action responds to the best
Register (83 FR 35435). In part, that scientific information available. The AA
National Oceanic and Atmospheric final rule decreased the recreational finds that the need to immediately
Administration ACL for red grouper in the South implement this action to close the
Atlantic to end overfishing of the stock recreational sector for red grouper
50 CFR Part 622 and set the recreational ACL for the constitutes good cause to waive the
[Docket No. 100812345–2142–03] 2018 fishing year at 77,840 lb (35,308 requirements to provide prior notice
kg), whole weight, as described at and opportunity for public comment on
RIN 0648–XG661 this temporary rule pursuant to 5 U.S.C.
§ 622.193(d)(2)(ii). In accordance with
Snapper-Grouper Fishery of the South regulations at 50 CFR 622.193(d)(2)(i) 553(b)(B), because such procedures are
Atlantic; 2018 Recreational for the recreational sector, if recreational unnecessary and contrary to the public
Accountability Measure and Closure landings of red grouper are projected to interest. Such procedures are
for South Atlantic Red Grouper reach the recreational ACL, the unnecessary because the AMs
Assistant Administrator for NOAA implementing the recreational closure
AGENCY: National Marine Fisheries Fisheries (AA) will file a notification have already been subject to notice and
Service (NMFS), National Oceanic and with the Office of the Federal Register comment. All that remains is to notify
Atmospheric Administration (NOAA), to close the recreational sector for the the public of the recreational closure for
Commerce. remainder of the fishing year. Recent red grouper for the remainder of the
ACTION: Temporary rule; closure. landings data from the NMFS Southeast 2018 fishing year. Prior notice and
Fisheries Science Center indicate that opportunity for comment are contrary to
SUMMARY: NMFS implements the red grouper recreational ACL for the public interest because of the need
accountability measures (AMs) for the 2018 has been exceeded. Therefore, this to immediately implement this action to
red grouper recreational sector in the temporary rule implements the AM to protect the red grouper resource. Time
exclusive economic zone (EEZ) of the close the red grouper recreational sector required for notice and public comment
South Atlantic for the 2018 fishing year of the snapper-grouper fishery for the would allow for continued recreational
through this temporary rule. NMFS remainder of the 2018 fishing year. As harvest and further exceedance of the
estimates recreational landings of red a result, the recreational sector for red recreational ACL.
grouper in 2018 have exceeded the grouper in the South Atlantic EEZ will For the aforementioned reasons, the
recreational annual catch limit (ACL). be closed effective 12:01 a.m., local time AA also finds good cause to waive the
Therefore, NMFS closes the red grouper December 12, 2018 through December 30-day delay in the effectiveness of this
recreational sector in the South Atlantic 31, 2018. action under 5 U.S.C. 553(d)(3).
EEZ at 12:01 a.m., local time, on NMFS notes that while the 2019
December 12, 2018 for the remainder of Authority: 16 U.S.C. 1801 et seq.
fishing year begins on January 1, as
the 2018 fishing year. This closure is described at § 622.183(b)(1), the Dated: December 7, 2018.
necessary to protect the red grouper commercial and recreational harvest of Karen H. Abrams,
resource. red grouper is prohibited annually from Acting Director, Office of Sustainable
DATES: This rule is effective 12:01 a.m., January through April of each year. Fisheries, National Marine Fisheries Service.
local time, December 12, 2018, until Therefore, the recreational sector for red [FR Doc. 2018–26897 Filed 12–7–18; 4:15 pm]
12:01 a.m., local time, January 1, 2019. grouper will reopen on May 1, 2019, the BILLING CODE 3510–22–P
amozie on DSK3GDR082PROD with RULES
VerDate Sep<11>2014 16:25 Dec 11, 2018 Jkt 247001 PO 00000 Frm 00039 Fmt 4700 Sfmt 9990 E:\FR\FM\12DER1.SGM 12DER1](https://thefederalregister.org/doc/83_FR_64051/page/1.svg)
Document Created: 2018-12-12 01:40:18
Document Modified: 2018-12-12 01:40:18
| 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, December 12, 2018, until 12:01 a.m., local time, January 1, 2019. | |
| Contact | Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 63813 | |
| RIN Number | 0648-XG66 |
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