80 FR 19243 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 69 (April 10, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 69 (April 10, 2015)
| Page Range | 19243-19243 | |
| FR Document | 2015-08174 |
[Federal Register Volume 80, Number 69 (Friday, April 10, 2015)] [Rules and Regulations] [Page 19243] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-08174] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130312235-3658-02] RIN 0648-XD734 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects that commercial landings for vermilion snapper will reach the commercial annual catch limit (ACL) for the January 1 through June 30, 2015, fishing period on April 15, 2015. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on April 15, 2015, and it will remain closed until the start of the July 1 through December 31, 2015, fishing period. This closure is necessary to protect the South Atlantic vermilion snapper resource. DATES: This rule is effective 12:01 a.m., local time, April 15, 2015, until 12:01 a.m., local time, July 1, 2015. FOR FURTHER INFORMATION CONTACT: Britni LaVine, NMFS Southeast Regional Office, telephone: 727-824-5305, email: britni.lavine@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes vermilion 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 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. The commercial quota for vermilion snapper in the South Atlantic is divided into separate quotas for two 6-month time periods, January through June and July through December. For the January 1 through June 30, 2015, fishing season, the commercial quota is 394,829 lb (179,091 kg), gutted weight (438,260 lb (198,791 kg), round weight), as specified in 50 CFR 622.190(a)(4)(i)(C). On February 26, 2015, NMFS published a temporary rule in the Federal Register to reduce the commercial trip limit for vermilion snapper in or from the EEZ of the South Atlantic to 500 lb (227 kg), gutted weight, effective 12:01 a.m., local time, March 2, 2015, until July 1, 2015, or until the quota is reached and the commercial sector closes, whichever occurs first (80 FR 10392). In accordance with regulations at 50 CFR 622.193(f)(1), NMFS is required to close the commercial sector for vermilion snapper when the commercial quota for that portion of the fishing year has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial quota for South Atlantic vermilion snapper for the January- June fishing period will have been reached by April 15, 2015. Accordingly, the commercial sector for South Atlantic vermilion snapper is closed effective 12:01 a.m., local time, April 15, 2015, until 12:01 a.m., local time, July 1, 2015. The commercial quota for vermilion snapper in the South Atlantic is 394,829 lb (179,091 kg), gutted weight (438,260 lb (198,791 kg), round weight), for the July 1 through December 31, 2015, fishing period, as specified in 50 CFR 622.190(a)(4)(ii)(C). The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having vermilion snapper onboard must have landed and bartered, traded, or sold such vermilion snapper prior to 12:01 a.m., local time, April 15, 2015. During the closure, the bag limit specified in 50 CFR 622.187(b)(5) and the possession limits specified in 50 CFR 622.187(c)(1), apply to all harvest or possession of vermilion snapper in or from the South Atlantic EEZ. During the closure, the sale or purchase of vermilion snapper taken from the EEZ is prohibited. As specified in 50 CFR 622.190(c)(1)(i), the prohibition on sale or purchase does not apply to the sale or purchase of vermilion snapper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, April 15, 2015, 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 the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and the sale and purchase provisions of the commercial closure for vermilion snapper would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic vermilion snapper and is consistent with the Magnuson- Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(f)(1) and is exempt from review under Executive Order 12866. This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the commercial sector for vermilion snapper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect vermilion snapper since 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 likely result in a harvest well in excess of the established commercial quota. 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: April 6, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-08174 Filed 4-6-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19243
Dated: March 16, 2015. Fishery Conservation and Management were held in cold storage by a dealer or
Roy E. Wright, Act (Magnuson-Stevens Act) by processor. For a person on board a
Deputy Associate Administrator for regulations at 50 CFR part 622. vessel for which a Federal commercial
Mitigation, Federal Insurance and Mitigation The commercial quota for vermilion or charter vessel/headboat permit for the
Administration, Department of Homeland snapper in the South Atlantic is divided South Atlantic snapper-grouper fishery
Security, Federal Emergency Management into separate quotas for two 6-month has been issued, the bag and possession
Agency. time periods, January through June and limits and the sale and purchase
[FR Doc. 2015–08320 Filed 4–9–15; 8:45 am] July through December. For the January provisions of the commercial closure for
BILLING CODE 9110–12–P 1 through June 30, 2015, fishing season, vermilion snapper would apply
the commercial quota is 394,829 lb regardless of whether the fish are
(179,091 kg), gutted weight (438,260 lb harvested in state or Federal waters, as
DEPARTMENT OF COMMERCE (198,791 kg), round weight), as specified specified in 50 CFR 622.190(c)(1)(ii).
in 50 CFR 622.190(a)(4)(i)(C).
National Oceanic and Atmospheric On February 26, 2015, NMFS Classification
Administration published a temporary rule in the
Federal Register to reduce the The Regional Administrator,
50 CFR Part 622 commercial trip limit for vermilion Southeast Region, NMFS, has
snapper in or from the EEZ of the South determined this temporary rule is
[Docket No. 130312235–3658–02] necessary for the conservation and
Atlantic to 500 lb (227 kg), gutted
RIN 0648–XD734 weight, effective 12:01 a.m., local time, management of South Atlantic
March 2, 2015, until July 1, 2015, or vermilion snapper and is consistent
Fisheries of the Caribbean, Gulf of until the quota is reached and the with the Magnuson-Stevens Act and
Mexico, and South Atlantic; 2015 commercial sector closes, whichever other applicable laws.
Commercial Accountability Measure occurs first (80 FR 10392). This action is taken under 50 CFR
and Closure for South Atlantic In accordance with regulations at 50 622.193(f)(1) and is exempt from review
Vermilion Snapper CFR 622.193(f)(1), NMFS is required to under Executive Order 12866.
close the commercial sector for
AGENCY: National Marine Fisheries This action responds to the best
vermilion snapper when the commercial
Service (NMFS), National Oceanic and scientific information available. The
quota for that portion of the fishing year
Atmospheric Administration (NOAA), Assistant Administrator for Fisheries,
has been reached, or is projected to be
Commerce. NOAA (AA), finds that the need to
reached, by filing a notification to that
ACTION: Temporary rule; closure. effect with the Office of the Federal immediately implement this action to
Register. NMFS has determined that the close the commercial sector for
SUMMARY: NMFS implements
commercial quota for South Atlantic vermilion snapper constitutes good
accountability measures (AMs) for the
vermilion snapper for the January-June cause to waive the requirements to
commercial sector for vermilion snapper
fishing period will have been reached provide prior notice and opportunity for
in the exclusive economic zone (EEZ) of
the South Atlantic. NMFS projects that by April 15, 2015. Accordingly, the public comment pursuant to the
commercial landings for vermilion commercial sector for South Atlantic authority set forth in 5 U.S.C. 553(b)(B),
snapper will reach the commercial vermilion snapper is closed effective as such procedures would be
annual catch limit (ACL) for the January 12:01 a.m., local time, April 15, 2015, unnecessary and contrary to the public
1 through June 30, 2015, fishing period until 12:01 a.m., local time, July 1, 2015. interest. Such procedures would be
on April 15, 2015. Therefore, NMFS The commercial quota for vermilion unnecessary because the rule itself has
closes the commercial sector for snapper in the South Atlantic is 394,829 been subject to notice and comment,
vermilion snapper in the South Atlantic lb (179,091 kg), gutted weight (438,260 and all that remains is to notify the
EEZ on April 15, 2015, and it will lb (198,791 kg), round weight), for the public of the closure. Allowing prior
July 1 through December 31, 2015, notice and opportunity for public
remain closed until the start of the July
fishing period, as specified in 50 CFR comment is contrary to the public
1 through December 31, 2015, fishing
622.190(a)(4)(ii)(C). interest because of the need to
period. This closure is necessary to The operator of a vessel with a valid
protect the South Atlantic vermilion immediately implement this action to
commercial vessel permit for South protect vermilion snapper since the
snapper resource. Atlantic snapper-grouper having
DATES: This rule is effective 12:01 a.m.,
capacity of the fishing fleet allows for
vermilion snapper onboard must have rapid harvest of the commercial quota.
local time, April 15, 2015, until 12:01 landed and bartered, traded, or sold
a.m., local time, July 1, 2015. Prior notice and opportunity for public
such vermilion snapper prior to 12:01 comment would require time and would
FOR FURTHER INFORMATION CONTACT: a.m., local time, April 15, 2015. During likely result in a harvest well in excess
Britni LaVine, NMFS Southeast the closure, the bag limit specified in 50 of the established commercial quota.
Regional Office, telephone: 727–824– CFR 622.187(b)(5) and the possession
5305, email: britni.lavine@noaa.gov. limits specified in 50 CFR 622.187(c)(1), For the aforementioned reasons, the
SUPPLEMENTARY INFORMATION: The apply to all harvest or possession of AA also finds good cause to waive the
snapper-grouper fishery of the South vermilion snapper in or from the South 30-day delay in the effectiveness of this
Atlantic includes vermilion snapper and Atlantic EEZ. During the closure, the action under 5 U.S.C. 553(d)(3).
is managed under the Fishery sale or purchase of vermilion snapper Authority: 16 U.S.C. 1801 et seq.
rljohnson on DSK3VPTVN1PROD with RULES
Management Plan for the Snapper- taken from the EEZ is prohibited. As
Dated: April 6, 2015.
Grouper Fishery of the South Atlantic specified in 50 CFR 622.190(c)(1)(i), the
Region (FMP). The FMP was prepared prohibition on sale or purchase does not Emily H. Menashes,
by the South Atlantic Fishery apply to the sale or purchase of Acting Director, Office of Sustainable
Management Council and is vermilion snapper that were harvested, Fisheries, National Marine Fisheries Service.
implemented by NMFS under the landed ashore, and sold prior to 12:01 [FR Doc. 2015–08174 Filed 4–6–15; 4:15 pm]
authority of the Magnuson-Stevens a.m., local time, April 15, 2015, and BILLING CODE 3510–22–P
VerDate Sep<11>2014 15:04 Apr 09, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 E:\FR\FM\10APR1.SGM 10APR1](https://thefederalregister.org/doc/80_FR_19312/page/1.svg)
Document Created: 2018-02-21 10:08:47
Document Modified: 2018-02-21 10:08:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, April 15, 2015, until 12:01 a.m., local time, July 1, 2015. | |
| Contact | Britni LaVine, NMFS Southeast Regional Office, telephone: 727-824-5305, email: britni.lavine@noaa.gov. | |
| FR Citation | 80 FR 19243 | |
| RIN Number | 0648-XD73 |
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