81_FR_90115 81 FR 89876 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of the Commercial Sector for South Atlantic Vermilion Snapper

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)

Page Range89876-89877
FR Document2016-29893

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 Issue 239 (Tuesday, December 13, 2016) 
[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]
 BILLING CODE 3510-22-P

89876 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations TEXAS—2010 SULFUR DIOXIDE NAAQS (PRIMARY)—Continued Designation Designated area Date Type (1) Vertices—UTM Easting (m) 304329.030, UTM Northing (m) 3666971.0, (2) vertices—UTM Easting (m) 311629.030, UTM Northing (m) 3666971.0, (3) vertices—UTM Easting (m) 311629.03, UTM Northing (m) 3661870.5, (4) vertices—UTM Easting (m) 304329.03, UTM Northing (m) 3661870.5 Milam County, TX 1 ......................................................................................................................................... 1/12/17 Unclassifiable. Milam County, TX Potter County, TX 1 .................................................................................................................................... 9/12/16 Unclassifiable. Potter County, TX Atascosa County, TX 1 .................................................................................................................................... 9/12/16 Unclassifiable/At- tainment. Atascosa County, TX Fort Bend County, TX 1 ................................................................................................................................... 9/12/16 Unclassifiable/At- tainment. Fort Bend County Goliad County, TX 1 ......................................................................................................................................... 9/12/16 Unclassifiable/At- tainment. Goliad County Lamb County, TX 1 .......................................................................................................................................... 9/12/16 Unclassifiable/At- tainment. Lamb County Limestone County, TX 2 .................................................................................................................................. 9/12/16 Unclassifiable/At- tainment. Limestone County McLennan County, TX 2 .................................................................................................................................. 9/12/16 Unclassifiable/At- tainment. McLennan County, TX Robertson County, TX 2 .................................................................................................................................. 9/12/16 Unclassifiable/At- tainment. Robertson County 1 Excludes Indian country located in each area, if any, unless otherwise specified. 2 Includes Indian country located in each area, if any, unless otherwise specified. * * * * * the July through December 2016 fishing snapper in the South Atlantic is divided [FR Doc. 2016–29561 Filed 12–12–16; 8:45 am] season has not yet been reached. into separate quotas for two 6-month BILLING CODE 6560–50–P Therefore, NMFS re-opens the time periods each year, January through commercial sector for vermilion snapper June and July through December. For in the South Atlantic EEZ for 2 days to the July through December 2016 period, DEPARTMENT OF COMMERCE allow the commercial ACL to be caught, the commercial quota is 388,703 lb while minimizing the risk of the (176,313 kg, gutted weight, 431,460 lb National Oceanic and Atmospheric commercial ACL being exceeded. (195,707 kg), round weight), as specified Administration DATES: This rule is effective 12:01 a.m., in 50 CFR 622.190(a)(4)(ii)(D). local time, December 14, 2016, until On July 1, 2016, the commercial 50 CFR Part 622 12:01 a.m., local time, December 16, fishing season opened for the second [Docket No. 130312235–3658–02] 2016. period of July through December for this fishing year. Under 50 CFR RIN 0648–XF058 FOR FURTHER INFORMATION CONTACT: 622.191(a)(6)(ii), NMFS is required to Mary Vara, NMFS Southeast Regional reduce the commercial trip limit for Fisheries of the Caribbean, Gulf of Office, telephone: 727–824–5305, email: vermilion snapper from 1,000 lb (454 Mexico, and South Atlantic; Re- mary.vara@noaa.gov. kg), gutted weight, 1,110 lb (503 kg), Opening of the Commercial Sector for SUPPLEMENTARY INFORMATION: The round weight, when 75 percent of the South Atlantic Vermilion Snapper snapper-grouper fishery of the South respective fishing season commercial AGENCY: National Marine Fisheries Atlantic includes vermilion snapper and quota is reached or projected to be Service (NMFS), National Oceanic and is managed under the Fishery reached. Accordingly, on August 25, Atmospheric Administration (NOAA), Management Plan for the Snapper- 2016 (81 FR 58411), NMFS published a Commerce. Grouper Fishery of the South Atlantic temporary rule in the Federal Register ACTION: Temporary rule; re-opening. Region (FMP). The FMP was prepared to reduce the commercial trip limit for by the South Atlantic Fishery vermilion snapper in or from the EEZ of SUMMARY: NMFS announces the re- Management Council and is the South Atlantic for the July through pmangrum on DSK3GDR082PROD with RULES opening of the commercial sector for implemented by NMFS under the December 2016 period to 500 lb (227 vermilion snapper in the exclusive authority of the Magnuson-Stevens kg), gutted weight. The commercial trip economic zone (EEZ) of the South Fishery Conservation and Management limit reduction was effective at 12:01 Atlantic through this temporary rule. Act (Magnuson-Stevens Act) by a.m., local time, August 28, 2016. The most recent commercial landing regulations at 50 CFR part 622. Under 50 CFR 622.193(f)(1), NMFS is data for vermilion snapper indicate the The commercial ACL (equal to the required to close the commercial sector commercial annual catch limit (ACL) for commercial quota) for vermilion for vermilion snapper when the VerDate Sep<11>2014 17:20 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\13DER1.SGM 13DER1

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 89877 commercial quota for the July through The operator of a vessel with a valid Act because the temporary rule is issued December fishing season specified in commercial vessel permit for South without opportunity for prior notice and § 622.190(a)(4)(ii)(D) is reached, or is Atlantic snapper-grouper having comment. projected to be reached, by filing a vermilion snapper onboard must have This action responds to the best notification to that effect with the Office landed and bartered, traded, or sold scientific information available. The of the Federal Register. NMFS such vermilion snapper prior to 12:01 Assistant Administrator for NOAA previously projected that the a.m., local time, December 16, 2016. Fisheries (AA), finds that the need to commercial quota for South Atlantic During the subsequent closure, the bag immediately implement this action to vermilion snapper for the July through limit specified in 50 CFR 622.187(b)(5) temporarily re-open the commercial December 2016 period would be and the possession limits specified in 50 reached by October 11, 2016. Therefore, CFR 622.187(c)(1), apply to all harvest sector for vermilion snapper constitutes NMFS published a temporary rule to or possession of vermilion snapper in or good cause to waive the requirements to close the commercial sector for South from the South Atlantic EEZ. During the provide prior notice and opportunity for Atlantic vermilion snapper effective on subsequent closure, the sale or purchase public comment pursuant to the October 11, 2016, through the end of the of vermilion snapper taken from the authority set forth in 5 U.S.C. 553(b)(B), 2016 fishing year (81 FR 69008, October EEZ is prohibited. As specified in 50 as such procedures are unnecessary and 5, 2016). CFR 622.190(c)(1)(i), the prohibition on contrary to the public interest. Such NMFS has received more recent sale or purchase does not apply to the procedures are unnecessary because the landings data for vermilion snapper that sale or purchase of vermilion snapper rule implementing the commercial indicate the commercial quota for the that were harvested, landed ashore, and quota and AMs has been subject to July through December period has not sold prior to 12:01 a.m., local time, notice and comment, and all that been reached. NMFS has also December 16, 2016, and were held in remains is to notify the public of the re- determined that 845 lb (383 kg) of the cold storage by a dealer or processor. opening. Such procedures are contrary commercial quota was not harvested For a person onboard a vessel for which to the public interest because of the from the January through June 2016 a Federal commercial or charter vessel/ need to immediately implement this period. Therefore, as specified at headboat permit for the South Atlantic action to allow commercial fishers to 622.190(a)(4)(iii), this 845 lb (383 kg) snapper-grouper fishery has been harvest the commercial quota of was added to the commercial quota for issued, the bag and possession limits vermilion snapper from the EEZ, while the July through December 2016 period. and the prohibition on sale and minimizing the risk of exceeding the In accordance with 50 CFR 622.8(c), purchase apply regardless of whether commercial quota. Prior notice and NMFS temporarily re-opens the the fish are harvested in state or Federal opportunity for public comment would commercial sector for vermilion snapper waters, as specified in 50 CFR be contrary to the public interest on December 14, 2016. The commercial 622.190(c)(1)(ii). because it would not allow for the re- sector will remain open for 2 days to opening of the commercial sector before allow for the commercial quota to be Classification the end of the fishing season. reached. During the re-opening, the trip The Regional Administrator, NMFS limit of 500 lb (227 kg), gutted weight, For the aforementioned reasons, the Southeast Region, has determined this is in effect. The commercial sector will AA also finds good cause to waive the temporary rule is necessary for the close at 12:01 a.m., local time, December 30-day delay in the effectiveness of this conservation and management of 16, 2016, and remain closed until action under 5 U.S.C. 553(d)(3). vermilion snapper and the South January 1, 2017, the start of the next Atlantic snapper-grouper fishery and is Authority: 16 U.S.C. 1801 et seq. fishing year. NMFS has determined that consistent with the Magnuson-Stevens Dated: December 8, 2016. this re-opening will allow for an Act and other applicable laws. additional opportunity to commercially Emily H. Menashes, This action is taken under 50 CFR harvest vermilion snapper while 622.8(c) and is exempt from review Acting Director, Office of Sustainable minimizing the risk of exceeding the under Executive Order 12866. Fisheries, National Marine Fisheries Service. July through December 2016 These measures are exempt from the [FR Doc. 2016–29893 Filed 12–8–16; 4:15 pm] commerical quota. procedures of the Regulatory Flexibility BILLING CODE 3510–22–P pmangrum on DSK3GDR082PROD with RULES VerDate Sep<11>2014 15:03 Dec 12, 2016 Jkt 241001 PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 E:\FR\FM\13DER1.SGM 13DER1


Document Created: 2016-12-13 02:43:56
Document Modified: 2016-12-13 02:43:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; re-opening.
DatesThis rule is effective 12:01 a.m., local time, December 14, 2016, until 12:01 a.m., local time, December 16, 2016.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 89876 
RIN Number0648-XF05
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