80 FR 53473 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 172 (September 4, 2015)

NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource.

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Rules and Regulations]
[Pages 53473-53474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-22047]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XE126


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; trip limit reduction.

-----------------------------------------------------------------------

SUMMARY: NMFS reduces the commercial trip limit for vermilion snapper 
in or from the exclusive economic zone (EEZ) of the South Atlantic to 
500 lb (227 kg), gutted weight. This trip limit reduction is necessary 
to protect the South Atlantic vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, September 10, 
2015, until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in 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 ACL (commercial quota) for vermilion snapper in the 
South Atlantic is divided into two, 6-month periods. The commercial 
quota is 394,829 lb (179,091 kg), gutted weight,

[[Page 53474]]

438,260 lb (198,791 kg), round weight, for January 1 through June 30, 
2015, and 394,829 lb (179,091 kg), gutted weight, 438,260 lb (198,791 
kg), round weight, for July 1 through December 31, 2015, as specified 
in 50 CFR 622.190(a)(4)(i)(C) and (ii)(C), respectively. Any unused 
portion of the January 1 through June 30, 2015, fishing season 
commercial quota is added to the July 1 through December 31, 2015, 
fishing season commercial quota, as specified in 50 CFR 
622.190(a)(4)(iii). In 2015, there was no unused commercial quota for 
the January through June period as the commercial sector reached its 
quota during the first 6-month period. The sector was closed on April 
15, 2015, through June 30, 2015 (80 FR 19243, April 10, 2015).
    Under 50 CFR 622.191(a)(6)(ii), NMFS is required to reduce the 
commercial trip limit for vermilion snapper from 1,000 lb (454 kg), 
gutted weight, 1,110 lb (503 kg), round weight, to 500 lb (227 kg), 
gutted weight, 555 lb (252 kg), round weight, when 75 percent of the 
fishing season quota is reached or is projected to be reached, by 
filing a notification to that effect with the Office of the Federal 
Register, as implemented by the final rule for Regulatory Amendment 18 
to the FMP (78 FR 47574, August 6, 2013). Based on current data, NMFS 
has determined that 75 percent of the available vermilion snapper 
commercial quota for the July 1 through December 31, 2015, fishing 
season will be reached on or before September 10, 2015. Accordingly, 
NMFS is reducing the commercial trip limit for vermilion snapper to 500 
lb (227 kg), gutted weight, 555 lb (252 kg), round weight, in or from 
the South Atlantic EEZ at 12:01 a.m., local time, on September 10, 
2015. This 500-lb (227-kg), gutted weight, 555-lb (252-kg), round 
weight, trip limit will remain in effect until the commercial sector 
reaches its quota and the sector closes, or through December 31, 2015, 
whichever occurs first.

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 622.191(a)(6) 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 Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to immediately implement this commercial trip limit reduction 
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), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary, because the rule 
establishing the trip limit reduction has already been subject to 
notice and comment, and all that remains is to notify the public of the 
trip limit. They are contrary to the public interest, because there is 
a need to immediately implement this action to protect the vermilion 
snapper resource since the capacity of the fishing fleet allows for 
rapid harvest of the quota. Prior notice and opportunity for public 
comment on this action would require time and would increase the 
probability that the commercial sector could exceed the 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: September 1, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-22047 Filed 9-1-15; 4:15 pm]
 BILLING CODE 3510-22-P