82 FR 14641 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Commercial Trip Limit Reduction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 54 (March 22, 2017)

NMFS issues this temporary rule to reduce the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource.

[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Rules and Regulations]
[Page 14641]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05634]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF290


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; Commercial Trip Limit 
Reduction

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

ACTION: Temporary rule; commercial trip limit reduction.

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SUMMARY: NMFS issues this temporary rule to reduce the commercial trip 
limit for vermilion snapper in or from the exclusive economic zone 
(EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight, 555 lb 
(252 kg), round weight. This trip limit reduction is necessary to 
protect the South Atlantic vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, March 22, 2017, 
until 12:01 a.m., local time, July 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 in 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 South Atlantic Fishery Management Council prepared 
the FMP. The FMP 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 (commercial quota) for vermilion snapper in the 
South Atlantic is divided into two 6-month time periods, January 
through June and July through December. For the January 1 through June 
30, 2017, fishing season, the commercial quota is 388,703 lb (176,313 
kg), gutted weight, 431,460 lb (195,707 kg), round weight (50 CFR 
622.190(a)(4)(i)(D)).
    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 
fishing season commercial quota is reached or projected to be reached, 
by filing a notification to that effect with the Office of the Federal 
Register, as established by Regulatory Amendment 18 to the FMP (78 FR 
47574, August 6, 2013). The reduced commercial trip limit is 500 lb 
(227 kg), gutted weight, 555 lb (252 kg), round weight. Based on 
current information, NMFS has determined that 75 percent of the 
available commercial quota for the January 1 through June 30, 2017, 
fishing season for vermilion snapper will be reached by March 22, 2017. 
Accordingly, NMFS is reducing the commercial trip limit for vermilion 
snapper to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round 
weight, in or from the South Atlantic EEZ at 12:01 a.m., local time, on 
March 22, 2017. This reduced commercial trip limit will remain in 
effect until the start of the next fishing season on July 1, 2017, or 
until the seasonal commercial quota is reached and the commercial 
sector closes, whichever occurs first.

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 622.191(a)(6)(ii) 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 commercial trip limit reduction 
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), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary because the rule 
establishing and providing for a reduction in the commercial trip limit 
has already been subject to notice and comment, and all that remains is 
to notify the public of the commercial trip limit reduction. Providing 
prior notice and opportunity for public comment is contrary to the 
public interest because any delay in reducing the commercial trip limit 
could result in the commercial quota being exceeded. There is a need to 
immediately implement this action to protect the vermilion snapper 
resource, since the capacity of the fishing fleet allows for rapid 
harvest of the commercial quota. Providing prior notice and opportunity 
for public comment on this action would require time and increase the 
likelihood that the commercial sector could exceed its 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: March 17, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-05634 Filed 3-17-17; 4:15 pm]
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