81 FR 69008 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 193 (October 5, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 193 (October 5, 2016)
| Page Range | 69008-69008 | |
| FR Document | 2016-24105 |
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)] [Rules and Regulations] [Page 69008] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24105] [[Page 69008]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130312235-3658-02] RIN 0648-XE910 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 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 of vermilion snapper will reach the commercial annual catch limit (ACL) for the July through December 2016 period on October 11, 2016. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on October 11, 2016, and it will remain closed until the start of the next fishing season on January 1, 2017. This closure is necessary to protect the South Atlantic vermilion snapper resource. DATES: This rule is effective 12:01 a.m., local time, October 11, 2016, until 12:01 a.m., local time, January 1, 2017. 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 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 2016 period, the commercial quota is 388,703 lb (176,313 kg), gutted weight (431,460 lb (195,707 kg), round weight), as specified in 50 CFR 622.190(a)(4)(ii)(D). On August 25, 2016 (81 FR 58411), 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. The temporary rule was effective at 12:01 a.m., local time, August 28, 2016, until January 1, 2017, or until the commercial 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 is 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 2016 period will be reached by October 11, 2016. Accordingly, the commercial sector for South Atlantic vermilion snapper is closed effective 12:01 a.m., local time, October 11, 2016, until 12:01 a.m., local time, January 1, 2017. 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), for the January 1 through June 30, 2017 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, October 11, 2016. 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, October 11, 2016, 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. 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 NOAA Fisheries (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 implementing the AMs has already 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 30, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-24105 Filed 10-4-16; 8:45 am] BILLING CODE 3510-22-P
![69008 Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE the commercial quota is 388,703 lb grouper fishery has been issued, the bag
(176,313 kg), gutted weight (431,460 lb and possession limits and the
National Oceanic and Atmospheric (195,707 kg), round weight), as specified prohibition on sale and purchase apply
Administration in 50 CFR 622.190(a)(4)(ii)(D). regardless of whether the fish are
On August 25, 2016 (81 FR 58411), harvested in state or Federal waters, as
50 CFR Part 622 NMFS published a temporary rule in the specified in 50 CFR 622.190(c)(1)(ii).
Federal Register to reduce the
[Docket No. 130312235–3658–02] Classification
commercial trip limit for vermilion
RIN 0648–XE910 snapper in or from the EEZ of the South The Regional Administrator,
Atlantic to 500 lb (227 kg), gutted Southeast Region, NMFS, has
Fisheries of the Caribbean, Gulf of weight. The temporary rule was determined this temporary rule is
Mexico, and South Atlantic; 2016 effective at 12:01 a.m., local time, necessary for the conservation and
Commercial Accountability Measure August 28, 2016, until January 1, 2017, management of South Atlantic
and Closure for South Atlantic or until the commercial quota is reached vermilion snapper and is consistent
Vermilion Snapper and the commercial sector closes, with the Magnuson-Stevens Act and
AGENCY: National Marine Fisheries whichever occurs first. other applicable laws.
In accordance with regulations at 50
Service (NMFS), National Oceanic and This action is taken under 50 CFR
CFR 622.193(f)(1), NMFS is required to
Atmospheric Administration (NOAA), 622.193(f)(1) and is exempt from review
close the commercial sector for
Commerce. under Executive Order 12866.
vermilion snapper when the commercial
ACTION: Temporary rule; closure. quota for that 6-month portion of the These measures are exempt from the
fishing year is reached, or is projected procedures of the Regulatory Flexibility
SUMMARY: NMFS implements Act because the temporary rule is issued
accountability measures (AMs) for the to be reached, by filing a notification to
that effect with the Office of the Federal without opportunity for prior notice and
commercial sector for vermilion snapper comment.
in the exclusive economic zone (EEZ) of Register. NMFS has determined that the
commercial quota for South Atlantic This action responds to the best
the South Atlantic. NMFS projects that
vermilion snapper for the July through scientific information available. The
commercial landings of vermilion
December 2016 period will be reached Assistant Administrator for NOAA
snapper will reach the commercial
by October 11, 2016. Accordingly, the Fisheries (AA) finds that the need to
annual catch limit (ACL) for the July
commercial sector for South Atlantic immediately implement this action to
through December 2016 period on
vermilion snapper is closed effective close the commercial sector for
October 11, 2016. Therefore, NMFS
12:01 a.m., local time, October 11, 2016, vermilion snapper constitutes good
closes the commercial sector for
until 12:01 a.m., local time, January 1, cause to waive the requirements to
vermilion snapper in the South Atlantic
2017. The commercial quota for provide prior notice and opportunity for
EEZ on October 11, 2016, and it will
vermilion snapper in the South Atlantic public comment pursuant to the
remain closed until the start of the next
is 388,703 lb (176,313 kg), gutted weight authority set forth in 5 U.S.C. 553(b)(B),
fishing season on January 1, 2017. This
(431,460 lb (195,707 kg), round weight), as such procedures are unnecessary and
closure is necessary to protect the South
for the January 1 through June 30, 2017 contrary to the public interest. Such
Atlantic vermilion snapper resource.
period as specified in 50 CFR procedures are unnecessary because the
DATES: This rule is effective 12:01 a.m., rule implementing the AMs has already
622.190(a)(4)(i)(D).
local time, October 11, 2016, until 12:01 The operator of a vessel with a valid been subject to notice and comment,
a.m., local time, January 1, 2017. commercial vessel permit for South and all that remains is to notify the
FOR FURTHER INFORMATION CONTACT: Atlantic snapper-grouper having public of the closure. Allowing prior
Mary Vara, NMFS Southeast Regional vermilion snapper onboard must have notice and opportunity for public
Office, telephone: 727–824–5305, email: landed and bartered, traded, or sold comment is contrary to the public
mary.vara@noaa.gov. such vermilion snapper prior to 12:01 interest because of the need to
SUPPLEMENTARY INFORMATION: The a.m., local time, October 11, 2016. immediately implement this action to
snapper-grouper fishery of the South During the closure, the bag limit protect vermilion snapper since the
Atlantic includes vermilion snapper and specified in 50 CFR 622.187(b)(5) and capacity of the fishing fleet allows for
is managed under the Fishery the possession limits specified in 50 rapid harvest of the commercial quota.
Management Plan for the Snapper- CFR 622.187(c)(1), apply to all harvest Prior notice and opportunity for public
Grouper Fishery of the South Atlantic or possession of vermilion snapper in or comment could result in a harvest well
Region (FMP). The FMP was prepared from the South Atlantic EEZ. During the in excess of the established commercial
by the South Atlantic Fishery closure, the sale or purchase of quota.
Management Council and is vermilion snapper taken from the EEZ is For the aforementioned reasons, the
implemented by NMFS under the prohibited. As specified in 50 CFR AA also finds good cause to waive the
authority of the Magnuson-Stevens 622.190(c)(1)(i), the prohibition on sale 30-day delay in the effectiveness of this
Fishery Conservation and Management or purchase does not apply to the sale action under 5 U.S.C. 553(d)(3).
Act (Magnuson-Stevens Act) by or purchase of vermilion snapper that Authority: 16 U.S.C. 1801 et seq.
regulations at 50 CFR part 622. were harvested, landed ashore, and sold
The commercial quota for vermilion prior to 12:01 a.m., local time, October Dated: September 30, 2016.
snapper in the South Atlantic is divided 11, 2016, and were held in cold storage Emily H. Menashes,
into separate quotas for two 6-month by a dealer or processor. For a person Acting Director, Office of Sustainable
ehiers on DSK5VPTVN1PROD with RULES
time periods each year, January through on board a vessel for which a Federal Fisheries, National Marine Fisheries Service.
June and July through December. For commercial or charter vessel/headboat [FR Doc. 2016–24105 Filed 10–4–16; 8:45 am]
the July through December 2016 period, permit for the South Atlantic snapper- BILLING CODE 3510–22–P
VerDate Sep<11>2014 18:08 Oct 04, 2016 Jkt 241001 PO 00000 Frm 00076 Fmt 4700 Sfmt 9990 E:\FR\FM\05OCR1.SGM 05OCR1](https://thefederalregister.org/doc/81_FR_69201/page/1.svg)
Document Created: 2016-10-05 03:29:25
Document Modified: 2016-10-05 03:29:25
| 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, October 11, 2016, until 12:01 a.m., local time, January 1, 2017. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 69008 | |
| RIN Number | 0648-XE91 |
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