80 FR 65970 - Snapper-Grouper Fishery of the South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 208 (October 28, 2015)

NMFS implements accountability measures (AMs) for the yellowtail snapper commercial sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2015 fishing year through this temporary rule. Commercial landings for yellowtail snapper, as estimated by the Science and Research Director, are projected to reach the commercial annual catch limit (ACL) on October 31, 2015. Therefore, NMFS closes the yellowtail snapper commercial sector on October 31, 2015, through the remainder of the fishing year in the South Atlantic EEZ. This closure is necessary to protect the South Atlantic yellowtail snapper resource.

[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Rules and Regulations]
[Pages 65970-65971]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27421]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XE216


Snapper-Grouper Fishery of the South Atlantic; 2015 Commercial 
Accountability Measure and Closure for South Atlantic Yellowtail 
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 
yellowtail snapper commercial sector in the exclusive economic zone 
(EEZ) of the South Atlantic for the 2015 fishing year through this 
temporary rule. Commercial landings for yellowtail snapper, as 
estimated by the Science and Research Director, are projected to reach 
the commercial annual catch limit (ACL) on October 31, 2015. Therefore, 
NMFS closes the yellowtail snapper commercial sector on October 31, 
2015, through the remainder of the fishing year in the South Atlantic 
EEZ. This closure is necessary to protect the South Atlantic yellowtail 
snapper resource.

DATES: This rule is effective 12:01 a.m., local time, October 31, 2015, 
until 12:01 a.m., local time, January 1, 2016.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes yellowtail snapper, 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 under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    The yellowtail snapper commercial ACL is 1,596,510 lb (725,686 kg), 
round weight. Under 50 CFR 622.193(n)(1)(i), NMFS is required to close 
the yellowtail snapper commercial sector when the commercial ACL 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 yellowtail snapper commercial sector is projected 
to reach the ACL on October 31, 2015. Therefore, this temporary rule 
implements an AM to close the yellowtail snapper commercial sector in 
the South Atlantic EEZ, effective 12:01 a.m., local time, October 31, 
2015.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having yellowtail snapper on board must 
have landed and bartered, traded, or sold such species prior to 12:01 
a.m., local time, October 31, 2015. During the closure, the bag limit 
specified in 50 CFR 622.187(b)(4) and the possession limits specified 
in 50 CFR 622.187(c) apply to all harvest or possession of yellowtail 
snapper in or from the South Atlantic EEZ. These bag and possession 
limits apply on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters. During the closure, the sale or purchase of 
yellowtail snapper taken from the EEZ is prohibited. The prohibition on 
sale or purchase does not apply to the sale or purchase of yellowtail 
snapper that were harvested, landed ashore, and sold prior to 12:01 
a.m., local time, October 31, 2015, and were held in cold storage by a 
dealer or processor.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
yellowtail snapper, a component of the South Atlantic snapper-grouper 
fishery, and is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This action is taken under 50 CFR 622.193(n)(1)(i) 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 action to close the yellowtail 
snapper commercial sector 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. Such procedures are contrary to the public interest because of 
the need to immediately implement this action to protect yellowtail 
snapper since the capacity of the fishing fleet allows for rapid 
harvest of the commercial ACL. Prior notice and opportunity for public 
comment would require time and would potentially result in a harvest 
well in excess of the established commercial ACL.
    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.


[[Page 65971]]


    Dated: October 22, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-27421 Filed 10-26-15; 8:45 am]
 BILLING CODE 3510-22-P