[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Rules and Regulations]
[Page 63813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26897]
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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.
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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]
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