[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Rules and Regulations]
[Pages 79135-79136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27064]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 200113-0013; RTID 0648-XA688]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 Commercial Closure for South Atlantic Snowy 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 an accountability measure for the commercial 
sector of snowy grouper in the exclusive economic zone (EEZ) of the 
South Atlantic. NMFS projects commercial landings of snowy grouper will 
reach the commercial annual catch limit (ACL) for the July through 
December season by December 12, 2020. Therefore, NMFS closes the 
commercial sector for snowy grouper in the South Atlantic EEZ on 
December 12, 2020. This closure is necessary to protect the snowy 
grouper resource.

DATES: This temporary rule is effective at 12:01 a.m., local time, on 
December 12, 2020, until 12:01 a.m., local time, on January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#f79a96858ed981968596b799989696d9909881"><span class="__cf_email__" data-cfemail="9af7fbe8e3b4ecfbe8fbdaf4f5fbfbb4fdf5ec">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes snowy 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.
    All weights described in this temporary rule are in gutted weight.
    The commercial ACL (commercial quota) for snowy grouper in the 
South Atlantic is divided into two 6-month fishing seasons. The total 
commercial ACL for snowy grouper is allocated 70 percent, or 107,754 lb 
(48,876 kg), for the January through June commercial fishing season, 
and 30 percent, or 46,181 lb (20,947 kg), for the July through December 
fishing season, as

[[Page 79136]]

specified in 50 CFR 622.190(a)(1)(i) and (ii).
    After the January through June 2020 fishing season, 3,048 lb (1,382 
kg) of the snowy grouper commercial quota remained unharvested. As 
specified in 50 CFR 622.190(a)(1)(iii), NMFS added this unused portion 
of the snowy grouper commercial quota to the commercial quota for the 
July through December 2020 fishing season. Therefore, the snowy grouper 
commercial quota for the July through December 2020 fishing season is 
49,229 lb (22,329 kg). Any unused commercial quota for the July through 
December fishing season becomes void and will not be added to any 
subsequent quota (622.190(a)(1)(iii)).
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial quota specified 
in 50 CFR 622.190(a)(1) is reached or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register. NMFS projects that commercial landings of South Atlantic 
snowy grouper, as estimated by the Science and Research Director, will 
reach the adjusted July through December 2020 commercial quota by 
December 12, 2020. Accordingly, the commercial sector for South 
Atlantic snowy grouper is closed effective at 12:01 a.m., local time, 
on December 12, 2020, and remains closed until the start of the next 
January through June fishing season on January 1, 2021.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having snowy grouper on board must have 
landed and bartered, traded, or sold such snowy grouper prior to 12:01 
a.m., local time, on December 12, 2020. During the commercial closure, 
harvest and possession of snowy grouper in or from the South Atlantic 
EEZ is limited to the bag and possession limits, as specified in Sec.  
622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the 
sale or purchase of snowy grouper taken from the EEZ is prohibited. The 
prohibition on sale or purchase does not apply to the sale or purchase 
of snowy grouper that were harvested, landed ashore, and sold prior to 
12:01 a.m., local time, on December 12, 2020, and were held in cold 
storage by a dealer or processor.
    For a person on board a vessel for which a Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, the bag and possession limits and the sale and purchase 
provisions during the commercial closure for snowy grouper apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(b)(1), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment as such procedures are 
unnecessary and contrary to the public interest. Such procedures are 
unnecessary because the regulations associated with the commercial 
quota for South Atlantic snowy grouper have already been subject to 
notice and comment, and all that remains is to notify the public of the 
commercial closure for the remainder of the July through December 2020 
fishing season. 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 South Atlantic 
snowy grouper, because the capacity of the fishing fleet allows for 
rapid harvest of the commercial quota. Prior notice and opportunity for 
public comment would require time and would potentially result in a 
harvest that exceeds the commercial quota.
    For the aforementioned reasons, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in the effective date of this 
action.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: December 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-27064 Filed 12-7-20; 8:45 am]
BILLING CODE 3510-22-P


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