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)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 182 (September 21, 2015)
| Page Range | 56931-56932 | |
| FR Document | 2015-23616 |
[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: 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 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
![Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations 56931
the Reef Fish Resources of the Gulf close the recreational sector for greater remain closed until the start of the next
(FMP). The Gulf of Mexico Fishery amberjack constitutes good cause to fishing season on January 1, 2016. This
Management Council (Council) waive the requirements to provide prior closure is necessary to protect the South
prepared the FMP and NMFS notice and opportunity for public Atlantic vermilion snapper resource.
implements the FMP under the comment on this temporary rule DATES: This rule is effective 12:01 a.m.,
authority of the Magnuson-Stevens pursuant to the authority set forth in 5 local time, September 22, 2015, until
Fishery Conservation and Management U.S.C. 553(b)(B), because such 12:01 a.m., local time, January 1, 2016.
Act (Magnuson-Stevens Act) by procedures are unnecessary and FOR FURTHER INFORMATION CONTACT:
regulations at 50 CFR part 622. All contrary to the public interest. Such Britni LaVine, NMFS Southeast
greater amberjack weights discussed in procedures are unnecessary because the Regional Office, telephone: 727–824–
this temporary rule are in round weight. rule establishing the closure provisions 5305, email: britni.lavine@noaa.gov.
The 2015 recreational annual catch was subject to notice and comment, and SUPPLEMENTARY INFORMATION: The
limit (ACL) for Gulf greater amberjack is all that remains is to notify the public snapper-grouper fishery of the South
1,299,000 lb (589,216 kg) and the of the closure. Such procedures are Atlantic includes vermilion snapper and
recreational ACT (recreational quota) is contrary to the public interest because is managed under the Fishery
1,130,000 lb (512,559 kg) as specified in of the need to immediately implement Management Plan for the Snapper-
50 CFR 622.41(a)(2)(iii) and this action to protect greater amberjack. Grouper Fishery of the South Atlantic
622.39(a)(2)(ii), respectively. Prior notice and opportunity for public
Under 50 CFR 622.41(a)(2)(i), NMFS Region (FMP). The FMP was prepared
comment would require time and would by the South Atlantic Fishery
is required to close the recreational potentially allow the recreational sector
sector for greater amberjack when the Management Council and is
to exceed the recreational ACL. implemented by NMFS under the
recreational ACT is reached, or is For the aforementioned reasons, the
projected to be reached, by filing a authority of the Magnuson-Stevens
AA also finds good cause to waive the
notification to that effect with the Office Fishery Conservation and Management
30-day delay in the effectiveness of this
of the Federal Register. NMFS has Act (Magnuson-Stevens Act) by
action under 5 U.S.C. 553(d)(3).
determined the 2015 recreational ACT regulations at 50 CFR part 622.
Authority: 16 U.S.C. 1801 et seq. The commercial quota for vermilion
will be reached by September 27, 2015.
Dated: September 16, 2015. snapper in the South Atlantic is divided
Accordingly, NMFS closes the
Alan D. Risenhoover, into separate quotas for two 6-month
recreational sector for Gulf greater
Director, Office of Sustainable Fisheries, time periods each year, January through
amberjack effective 12:01 a.m., local
National Marine Fisheries Service. June and July through December. For
time, September 28, 2015, until 12:01
[FR Doc. 2015–23605 Filed 9–16–15; 4:15 pm] the July through December 2015 period,
a.m., local time, January 1, 2016, the
the commercial quota is 394,829 lb
start of the next fishing year. BILLING CODE 3510–22–P
During the recreational closure, the (179,091 kg), gutted weight (438,260 lb
bag and possession limits for greater (198,791 kg), round weight), as specified
amberjack in or from the Gulf EEZ are DEPARTMENT OF COMMERCE in 50 CFR 622.190(a)(4)(ii)(C).
On September 4, 2015 (80 FR 53473),
zero. The prohibition on possession in
National Oceanic and Atmospheric NMFS published a temporary rule in the
the Gulf on board a vessel for which a
Administration Federal Register to reduce the
valid Federal charter vessel/headboat
commercial trip limit for vermilion
permit for Gulf reef fish has been issued
50 CFR Part 622 snapper in or from the EEZ of the South
applies regardless of whether greater
Atlantic to 500 lb (227 kg), gutted
amberjack were harvested in state or [Docket No. 130312235–3658–02]
weight, effective 12:01 a.m., local time,
Federal waters. RIN 0648–XE186
The recreational sector for greater September 10, 2015, until January 1,
amberjack will reopen on January 1, 2016, or until the quota is reached and
Fisheries of the Caribbean, Gulf of the commercial sector closes, whichever
2016, the beginning of the 2016 Mexico, and South Atlantic; 2015
recreational fishing season. occurs first.
Commercial Accountability Measure In accordance with regulations at 50
Classification and Closure for South Atlantic CFR 622.193(f)(1), NMFS is required to
Vermilion Snapper close the commercial sector for
The Regional Administrator,
Southeast Region, NMFS, has AGENCY: National Marine Fisheries vermilion snapper when the commercial
determined this temporary rule is Service (NMFS), National Oceanic and quota for that 6-month portion of the
necessary for the conservation and Atmospheric Administration (NOAA), fishing year has been reached, or is
management of Gulf greater amberjack Commerce. projected to be reached, by filing a
and is consistent with the Magnuson- ACTION: Temporary rule; closure.
notification to that effect with the Office
Stevens Act and other applicable laws. of the Federal Register. NMFS has
This action is taken under 50 CFR SUMMARY: NMFS implements determined that the commercial quota
622.41(a)(2)(i) and is exempt from accountability measures (AMs) for the for South Atlantic vermilion snapper for
review under Executive Order 12866. commercial sector for vermilion snapper the July through December 2015 period
These measures are exempt from the in the exclusive economic zone (EEZ) of will have been reached by September
procedures of the Regulatory Flexibility the South Atlantic. NMFS projects that 22, 2015. Accordingly, the commercial
Act because the temporary rule is issued commercial landings for vermilion sector for South Atlantic vermilion
snapper will reach the commercial snapper is closed effective 12:01 a.m.,
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without opportunity for prior notice and
comment. annual catch limit (ACL) for the July local time, September 22, 2015, until
This action responds to the best through December 2015 period on 12:01 a.m., local time, January 1, 2016.
scientific information available. The September 22, 2015. Therefore, NMFS The commercial quota for vermilion
Assistant Administrator for Fisheries, closes the commercial sector for snapper in the South Atlantic is
NOAA (AA), finds that the need to vermilion snapper in the South Atlantic 388,703 lb (176,313 kg), gutted weight
immediately implement this action to EEZ on September 22, 2015, and it will (431,460 lb (195,707 kg), round weight),
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![56932 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations
for the January 1 through June 30, 2016 immediately implement this action to Atlantic includes snowy grouper and is
period as specified in 50 CFR protect vermilion snapper since the managed under the Fishery
622.190(a)(4)(i)(D). capacity of the fishing fleet allows for Management Plan for the Snapper-
The operator of a vessel with a valid rapid harvest of the commercial quota. Grouper Fishery of the South Atlantic
commercial vessel permit for South Prior notice and opportunity for public Region (FMP). The FMP was prepared
Atlantic snapper-grouper having comment could result in a harvest well by the South Atlantic Fishery
vermilion snapper onboard must have in excess of the established commercial Management Council and is
landed and bartered, traded, or sold quota. implemented by NMFS under the
such vermilion snapper prior to 12:01 For the aforementioned reasons, the authority of the Magnuson-Stevens
a.m., local time, September 22, 2015. AA also finds good cause to waive the Fishery Conservation and Management
During the closure, the bag limit 30-day delay in the effectiveness of this Act (Magnuson-Stevens Act) by
specified in 50 CFR 622.187(b)(5) and action under 5 U.S.C. 553(d)(3). regulations at 50 CFR part 622.
the possession limits specified in 50 Authority: 16 U.S.C. 1801 et seq. The final rule implementing
CFR 622.187(c)(1), apply to all harvest Regulatory Amendment 20 to the FMP
Dated: September 16, 2015.
or possession of vermilion snapper in or recently revised the commercial quota
from the South Atlantic EEZ. During the Alan D. Risenhoover, (equivalent to the commercial ACL) for
closure, the sale or purchase of Director, Office of Sustainable Fisheries, snowy grouper in the South Atlantic to
vermilion snapper taken from the EEZ is National Marine Fisheries Service. 115,451 lb (52,368 kg), gutted weight;
prohibited. As specified in 50 CFR [FR Doc. 2015–23616 Filed 9–16–15; 4:15 pm] 136,233 lb (61,794 kg), round weight, for
622.190(c)(1)(i), the prohibition on sale BILLING CODE 3510–22–P the remainder of the current fishing
or purchase does not apply to the sale year, ending December 31, 2015, as
or purchase of vermilion snapper that specified in 50 CFR 622.190(a)(1) (80 FR
were harvested, landed ashore, and sold DEPARTMENT OF COMMERCE 43033, July 21, 2015).
prior to 12:01 a.m., local time, Under 50 CFR 622.193(b)(1), NMFS is
National Oceanic and Atmospheric required to close the commercial sector
September 22, 2015, and were held in
Administration for snowy grouper when the commercial
cold storage by a dealer or processor.
For a person on board a vessel for which quota (commercial ACL) is reached, or
50 CFR Part 622 is projected to be reached, by filing a
a Federal commercial or charter vessel/
headboat permit for the South Atlantic [Docket No. 0907271173–0629–03] notification to that effect with the Office
snapper-grouper fishery has been of the Federal Register. NMFS projects
RIN 0648–XE181
issued, the bag and possession limits that commercial landings of South
and the prohibition on sale and Fisheries of the Caribbean, Gulf of Atlantic snowy grouper will reach the
purchase apply regardless of whether Mexico, and South Atlantic; 2015 commercial ACL by September 22,
the fish are harvested in state or Federal Commercial Accountability Measure 2015. Accordingly, the commercial
waters, as specified in 50 CFR and Closure for South Atlantic Snowy sector for South Atlantic snowy grouper
622.190(c)(1)(ii). Grouper is closed effective 12:01 a.m., local time,
September 22, 2015, until 12:01 a.m.,
Classification AGENCY: National Marine Fisheries local time, January 1, 2016.
The Regional Administrator, Service (NMFS), National Oceanic and The operator of a vessel with a valid
Southeast Region, NMFS, has Atmospheric Administration (NOAA), commercial vessel permit for South
determined this temporary rule is Commerce. Atlantic snapper-grouper with snowy
necessary for the conservation and ACTION: Temporary rule; closure. grouper on board must have landed and
management of South Atlantic bartered, traded, or sold such snowy
vermilion snapper and is consistent SUMMARY: NMFS implements grouper prior to 12:01 a.m., local time,
with the Magnuson-Stevens Act and accountability measures (AMs) for September 22, 2015. During the
other applicable laws. commercial snowy grouper in the commercial closure, harvest and
This action is taken under 50 CFR exclusive economic zone (EEZ) of the possession of snowy grouper in or from
622.193(f)(1) and is exempt from review South Atlantic. NMFS projects the South Atlantic EEZ is limited to the
under Executive Order 12866. commercial landings for snowy grouper bag and possession limits, as specified
This action responds to the best will reach the commercial annual catch in § 622.187(b)(2)(ii) and (c)(1). Also
scientific information available. The limit (ACL) (equivalent to the during the commercial closure, the sale
Assistant Administrator for Fisheries, commercial quota) by September 22, or purchase of snowy grouper taken
NOAA (AA), finds that the need to 2015. Therefore, NMFS closes the from the South Atlantic EEZ is
immediately implement this action to commercial sector for snowy grouper in prohibited. The prohibition on sale or
close the commercial sector for the South Atlantic EEZ on September purchase does not apply to the sale or
vermilion snapper constitutes good 22, 2015, and it will remain closed until purchase of snowy grouper that were
cause to waive the requirements to the start of the next fishing season on harvested, landed ashore, and sold prior
provide prior notice and opportunity for January 1, 2016. This closure is to 12:01 a.m., local time, September 22,
public comment pursuant to the necessary to protect the snowy grouper 2015, and were held in cold storage by
authority set forth in 5 U.S.C. 553(b)(B), resource. a dealer or processor.
as such procedures are unnecessary and DATES: This rule is effective 12:01 a.m., For a person on board a vessel for
contrary to the public interest. Such local time, September 22, 2015, until which a Federal commercial or charter
procedures are unnecessary because the 12:01 a.m., local time, January 1, 2016. vessel/headboat permit for the South
rmajette on DSK7SPTVN1PROD with RULES
rule itself has been subject to notice and FOR FURTHER INFORMATION CONTACT: Atlantic snapper-grouper fishery has
comment, and all that remains is to Britni LaVine, NMFS Southeast been issued, the bag and possession
notify the public of the closure. Regional Office, telephone: 727–824– limits and the sale and purchase
Allowing prior notice and opportunity 5305, email: britni.lavine@noaa.gov. provisions of the commercial closure for
for public comment is contrary to the SUPPLEMENTARY INFORMATION: The snowy grouper would apply regardless
public interest because of the need to snapper-grouper fishery of the South of whether the fish are harvested in state
VerDate Sep<11>2014 13:55 Sep 18, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\21SER1.SGM 21SER1](https://thefederalregister.org/doc/80_FR_57113/page/2.svg)
Document Created: 2015-12-15 09:38:57
Document Modified: 2015-12-15 09:38:57
| 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, September 22, 2015, until 12:01 a.m., local time, January 1, 2016. | |
| Contact | Britni LaVine, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 56931 | |
| RIN Number | 0648-XE18 |
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