81 FR 89876 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of the Commercial Sector for South Atlantic Vermilion Snapper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 239 (December 13, 2016)

NMFS announces the re-opening of the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent commercial landing data for vermilion snapper indicate the commercial annual catch limit (ACL) for the July through December 2016 fishing season has not yet been reached. Therefore, NMFS re-opens the commercial sector for vermilion snapper in the South Atlantic EEZ for 2 days to allow the commercial ACL to be caught, while minimizing the risk of the commercial ACL being exceeded.

[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89876-89877]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29893]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF058


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of the Commercial Sector for South Atlantic Vermilion 
Snapper

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

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for 
vermilion snapper in the exclusive economic zone (EEZ) of the South 
Atlantic through this temporary rule. The most recent commercial 
landing data for vermilion snapper indicate the commercial annual catch 
limit (ACL) for the July through December 2016 fishing season has not 
yet been reached. Therefore, NMFS re-opens the commercial sector for 
vermilion snapper in the South Atlantic EEZ for 2 days to allow the 
commercial ACL to be caught, while minimizing the risk of the 
commercial ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, December 14, 
2016, until 12:01 a.m., local time, December 16, 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 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 (equal to 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 July 1, 2016, the commercial fishing season opened for the 
second period of July through December for this fishing year. 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, when 75 percent of the respective 
fishing season commercial quota is reached or projected to be reached. 
Accordingly, 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 
for the July through December 2016 period to 500 lb (227 kg), gutted 
weight. The commercial trip limit reduction was effective at 12:01 
a.m., local time, August 28, 2016.
    Under 50 CFR 622.193(f)(1), NMFS is required to close the 
commercial sector for vermilion snapper when the

[[Page 89877]]

commercial quota for the July through December fishing season specified 
in Sec.  622.190(a)(4)(ii)(D) is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. NMFS previously projected that the commercial quota 
for South Atlantic vermilion snapper for the July through December 2016 
period would be reached by October 11, 2016. Therefore, NMFS published 
a temporary rule to close the commercial sector for South Atlantic 
vermilion snapper effective on October 11, 2016, through the end of the 
2016 fishing year (81 FR 69008, October 5, 2016).
    NMFS has received more recent landings data for vermilion snapper 
that indicate the commercial quota for the July through December period 
has not been reached. NMFS has also determined that 845 lb (383 kg) of 
the commercial quota was not harvested from the January through June 
2016 period. Therefore, as specified at 622.190(a)(4)(iii), this 845 lb 
(383 kg) was added to the commercial quota for the July through 
December 2016 period.
    In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial sector for vermilion snapper on December 14, 2016. The 
commercial sector will remain open for 2 days to allow for the 
commercial quota to be reached. During the re-opening, the trip limit 
of 500 lb (227 kg), gutted weight, is in effect. The commercial sector 
will close at 12:01 a.m., local time, December 16, 2016, and remain 
closed until January 1, 2017, the start of the next fishing year. NMFS 
has determined that this re-opening will allow for an additional 
opportunity to commercially harvest vermilion snapper while minimizing 
the risk of exceeding the July through December 2016 commerical quota.
    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, December 16, 2016. During the subsequent 
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 subsequent 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, December 16, 
2016, and were held in cold storage by a dealer or processor. For a 
person onboard 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, NMFS Southeast Region, has determined 
this temporary rule is necessary for the conservation and management of 
vermilion snapper and 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 622.8(c) 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 temporarily re-open 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 
commercial quota and AMs has been subject to notice and comment, and 
all that remains is to notify the public of the re-opening. Such 
procedures are contrary to the public interest because of the need to 
immediately implement this action to allow commercial fishers to 
harvest the commercial quota of vermilion snapper from the EEZ, while 
minimizing the risk of exceeding the commercial quota. Prior notice and 
opportunity for public comment would be contrary to the public interest 
because it would not allow for the re-opening of the commercial sector 
before the end of the fishing season.
    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: December 8, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-29893 Filed 12-8-16; 4:15 pm]
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