[Federal Register Volume 89, Number 188 (Friday, September 27, 2024)]
[Rules and Regulations]
[Pages 79172-79173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22232]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 231127-0277]
RTID 0648-XE316


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2024 Commercial Closure for Snowy Grouper in the South Atlantic

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 (AM) for the 
commercial harvest of snowy grouper in South Atlantic Federal waters. 
NMFS projects commercial landings of snowy grouper will reach the 
commercial quota for the July through December season. Therefore, NMFS 
closes Federal waters in the South Atlantic for the commercial harvest 
of snowy grouper to protect the resource.

DATES: This temporary rule is effective from September 29, 2024, 
through December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Rick Devictor, NMFS Southeast Regional 
Office, phone: 727-204-5518, email: <a href="/cdn-cgi/l/email-protection#fb89929890d59f9e8d92988f9489bb95949a9ad59c948d"><span class="__cf_email__" data-cfemail="a8dac1cbc386cccddec1cbdcc7dae8c6c7c9c986cfc7de">[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 NMFS, 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 annual catch limit (ACL) for snowy grouper in 2024 
is 106,174 pounds (lb) or 48,160 kilograms (kg). The commercial ACL is 
divided into two commercial quotas, with a separate quota for each 6-
month fishing season. Seventy percent of the commercial ACL is 
allocated for the January through June commercial fishing season and 
that quota is 74,322 lb (33,712 kg) for 2024. The remaining 30 percent 
of the commercial ACL for the July through December fishing season is a 
quota of 31,852 lb (14,448 kg) for 2024 [50 CFR 622.190(a)(1)(i)(B) and 
(ii)(B)]. Any commercial quota remaining from the first season is added 
to the commercial quota in second season, but any commercial quota 
remaining from the second season is not carried forward into the next 
fishing year. The January through June quota was projected to be 
reached on June 4, 2024, and commercial harvest was closed (89 FR 
47871, June 4, 2024). Subsequently, updated commercial harvest 
information showed that 8,035 lb (3,645 kg) of that quota was not 
harvested, and it was added to the 2024 commercial quota for the July 
through December season.
    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. NMFS 
projects that commercial landings of snowy grouper will reach the 
commercial quota for the 2024 July

[[Page 79173]]

through December season by September 29, 2024. Accordingly, the 
commercial sector for South Atlantic snowy grouper is closed starting 
on September 29, 2024, and remains closed through December 31, 2024.
    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 before 
September 29, 2024. During the commercial closure, the sale or purchase 
of snowy grouper taken from South Atlantic Federal waters 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 before September 29, 2024, and were held in cold storage by a 
dealer or processor. The recreational harvest of snowy grouper is also 
closed for the rest of 2024 [50 CFR 622.183(b)(8)], and therefore, the 
bag and possession limits of snowy grouper harvested in or from the 
South Atlantic are zero.
    For a person on a vessel issued a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper, 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.
    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 and accountability measures 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 fishing season this year. 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 reasons just stated, 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: September 24, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-22232 Filed 9-24-24; 4:15 pm]
BILLING CODE 3510-22-P


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