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 NMFS, and was approved by the Secretary of Commerce, and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

The regulations codified at 50 CFR 622.193(y)(1) specify the commercial ACL and the commercial accountability measures (AM) for South Atlantic red snapper. The commercial ACL is 102,951 pounds (46,698 kilograms), round weight. The commercial AM states that NMFS is required to close the commercial sector for red snapper when NMFS projects that commercial landings reach or are projected to reach the commercial ACL. NMFS projects that the commercial ACL will have been reached by August 24, 2026. Accordingly, the commercial sector for South Atlantic red snapper is closed from August 24, 2026, through December 31, 2026, the end of the current fishing year. Unless NMFS specifies otherwise, the commercial season for red snapper in the 2027 fishing year will begin on the second Monday in July (50 CFR 622.183(b)(5)(i)).

The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper with red snapper on board must have landed and bartered, traded, or sold such red snapper prior to August 24, 2026.

During the commercial closure for South Atlantic red snapper, all sale or purchase of red snapper is prohibited. This prohibition on the harvest, possession, sale, or purchase of red snapper applies in the South Atlantic on a vessel issued a Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper, regardless if such fish were harvested or possessed in State or Federal waters (50 CFR 622.181(c)(2) and 622.193(y)(1)).

Classification

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(y)(1), 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 rule that established the commercial AM for red snapper 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 ( printed page 54247) the public interest because of the need to immediately implement this action to protect red snapper, because 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 reasons just stated, there is also 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 54246