80 FR 56931 - 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 182 (September 21, 2015)

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 July through December 2015 period on September 22, 2015. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on September 22, 2015, and it will remain closed until the start of the next fishing season on January 1, 2016. This closure is necessary to protect the South Atlantic vermilion snapper resource.

[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56931-56932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23616]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XE186


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.

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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 July through December 2015 period on September 22, 2015. 
Therefore, NMFS closes the commercial sector for vermilion snapper in 
the South Atlantic EEZ on September 22, 2015, and it will remain closed 
until the start of the next fishing season on January 1, 2016. This 
closure is necessary to protect the South Atlantic vermilion snapper 
resource.

DATES: This rule is effective 12:01 a.m., local time, September 22, 
2015, until 12:01 a.m., local time, January 1, 2016.

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

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 each year, 
January through June and July through December. For the July through 
December 2015 period, 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)(ii)(C).
    On September 4, 2015 (80 FR 53473), 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, September 
10, 2015, until January 1, 2016, or until the quota is reached and the 
commercial sector closes, whichever occurs first.
    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 6-month 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 July through December 2015 period will have been 
reached by September 22, 2015. Accordingly, the commercial sector for 
South Atlantic vermilion snapper is closed effective 12:01 a.m., local 
time, September 22, 2015, until 12:01 a.m., local time, January 1, 
2016. The commercial quota for vermilion snapper in the South Atlantic 
is 388,703 lb (176,313 kg), gutted weight (431,460 lb (195,707 kg), 
round weight),

[[Page 56932]]

for the January 1 through June 30, 2016 period as specified in 50 CFR 
622.190(a)(4)(i)(D).
    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, September 22, 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, September 22, 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 prohibition on sale and purchase 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 are unnecessary and contrary to the public interest. Such 
procedures are 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 could 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: September 16, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-23616 Filed 9-16-15; 4:15 pm]
 BILLING CODE 3510-22-P