SUPPLEMENTARY INFORMATION:

The snapper-grouper fishery of the South Atlantic includes scamp and yellowmouth 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 NMFS, approved by the Secretary of Commerce, 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. All weights in this temporary rule are in round weight.

The final rule for Amendment 55 to the FMP was effective on July 6, 2026, and among other measures, created a new scamp and yellowmouth grouper complex (91 FR 33661, June 4, 2026). The commercial annual catch limit (ACL) for the scamp and yellowmouth grouper complex for the 2026 fishing year is 46,147 pounds (20,932 ( printed page 54246) kilograms) (50 CFR 622.193(i)(1)(i)). This regulation also specifies the commercial in-season accountability measure (AM) for the scamp and yellowmouth grouper complex in the South Atlantic. The AM requires NMFS to close the commercial sector of the scamp and yellowmouth grouper complex for the rest of the fishing year when commercial landings reach or are projected to reach the commercial ACL. NMFS projects that the commercial ACL will have been reached by [ insert date 5 days after date of filing for public inspection with the Office of the Federal Register]. Accordingly, the commercial sector of the scamp and yellowmouth grouper complex is closed beginning on August 24, 2026, and will remain closed through December 31, 2026, the end of the current fishing year.

During the commercial closure, all sale or purchase of scamp and yellowmouth grouper is prohibited and harvest and possession of scamp and yellowmouth grouper in or from South Atlantic Federal waters is limited to the recreational bag and possession limits. These bag and possession limits 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, i.e., in state or Federal waters.

Classification

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(i)(1)(i), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is exempt from review under Executive Order 12866.

Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations associated with the commercial closure of the scamp and yellowmouth grouper complex have already been subject to notice and public comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment on this action is contrary to the public interest because of the need to immediately implement the commercial closure to protect the scamp and yellowmouth grouper resource in the South Atlantic. The capacity of the commercial fishing fleet allows for rapid harvest of the commercial ACL, and any delay in the closure could result in the exceedance of the applicable ACL. Prior notice and opportunity for public comment would require time and would potentially result in a harvest that exceeds the commercial ACL.

For the reasons just stated, NMFS 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.

91 FR 54245