82 FR 22615 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range		22615-22616
FR Document		2017-09999

NMFS implements an accountability measure (AM) for the commercial sector for vermilion snapper in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial landings of vermilion snapper will reach the commercial annual catch limit (ACL) for the January through June 2017 fishing season by May 17, 2017. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on May 17, 2017, and it will remain closed until July 1, 2017, the start of the July through December commercial fishing season. This closure is necessary to protect the South Atlantic vermilion snapper resource.

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)

[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Rules and Regulations]
[Pages 22615-22616]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09999]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF424


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 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.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
commercial sector for vermilion snapper in the South Atlantic exclusive 
economic zone (EEZ). NMFS projects that commercial landings of 
vermilion snapper will reach the commercial annual catch limit (ACL) 
for the January through June 2017 fishing season by May 17, 2017. 
Therefore, NMFS closes the commercial sector for vermilion snapper in 
the South Atlantic EEZ on May 17, 2017, and it will remain closed until 
July 1, 2017, the start of the July through December commercial fishing 
season. This closure is necessary to protect the South Atlantic 
vermilion snapper resource.

DATES: This rule is effective from 12:01 a.m., local time, May 17, 
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: mary.vara@noaa.gov.

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 (equivalent to the commercial quota) for 
vermilion snapper in the South Atlantic is divided into separate quotas 
for two 6-month seasons, January through June and July through 
December. For the January through June fishing season in 2017, 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)(i)(D).
    On March 22, 2017 (82 FR 14641), NMFS published a temporary rule in 
the Federal Register to reduce the commercial trip limit for vermilion 
snapper in or from the South Atlantic EEZ to 500 lb (227 kg), gutted 
weight, effective at 12:01 a.m., local time, March 22, 2017, until July 
1, 2017, or until the commercial quota was reached and the commercial 
sector closed, whichever would occur 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 portion of the fishing year 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 
commercial quota for South Atlantic vermilion snapper for the January 
through June fishing season will be reached by May 17, 2017. 
Accordingly, the commercial sector for South Atlantic vermilion snapper 
is closed effective at 12:01 a.m., local time, May 17, 2017, until 
12:01 a.m., local time, July 1, 2017.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper with vermilion snapper on board must 
have landed and bartered, traded, or sold such vermilion snapper prior 
to 12:01 a.m., local time, May 17, 2017. During the commercial closure, 
the recreational 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. Also during the commercial 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, May 17, 2017, 
and were held in cold storage by a dealer or processor. For a person on 
board a vessel for which a valid Federal commercial or charter vessel/
headboat permit for the South Atlantic snapper-grouper fishery has been 
issued, the bag and possession limits and the sale and purchase 
provisions of the commercial closure for vermilion snapper 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 for the NMFS Southeast Region 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.
    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

[[Page 22616]]

public comment pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), as such procedures would be unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the rule 
implementing the AM has been subject to notice and comment, and all 
that remains is to notify the public of the closure. Prior notice and 
opportunity for public comment on this action are contrary to the 
public interest because there is a need to immediately implement this 
action to protect the vermilion snapper resource, as the capacity of 
the fishing fleet allows for rapid harvest of the commercial quota. 
Prior notice and opportunity for public comment would require time and 
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: May 12, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-09999 Filed 5-12-17; 4:15 pm]
 BILLING CODE 3510-22-P

22616 Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Rules and Regulations

public comment pursuant to the vessels when fishing commercially for January subquota period (80 FR 77264,
authority set forth in 5 U.S.C. 553(b)(B), BFT. December 14, 2015), which closed
as such procedures would be DATES: Effective June 1, 2017, through effective March 29, 2016 (the
unnecessary and contrary to the public August 31, 2017. regulations allow the General category
interest. Such procedures are fishery under the ‘‘January’’ subquota to
FOR FURTHER INFORMATION CONTACT:
unnecessary because the rule continue until the subquota is reached,
Sarah McLaughlin or Brad McHale,
implementing the AM has been subject or March 31, whichever comes first);
978–281–9260.
to notice and comment, and all that five large medium or giant BFT for the
SUPPLEMENTARY INFORMATION:
remains is to notify the public of the June through August subquota period
Regulations implemented under the (81 FR 29501, May 12, 2016) as well as
closure. Prior notice and opportunity for
authority of the Atlantic Tunas for September 1 through October 8, 2016
public comment on this action are
Convention Act (ATCA; 16 U.S.C. 971 et (81 FR 59153, August 29, 2016); four
contrary to the public interest because
seq.) and the Magnuson-Stevens Fishery large medium or giant BFT for October
there is a need to immediately
Conservation and Management Act 9 through October 16, 2016 (81 FR
implement this action to protect the
(Magnuson-Stevens Act; 16 U.S.C. 1801 70369, October 12, 2016); and two large
vermilion snapper resource, as the
et seq.) governing the harvest of BFT by medium or giant BFT for October 17
capacity of the fishing fleet allows for
persons and vessels subject to U.S. through December 31, 2016 (81 FR
rapid harvest of the commercial quota.
jurisdiction are found at 50 CFR part 71639, October 18, 2016). NMFS closed
Prior notice and opportunity for public
635. Section 635.27 subdivides the U.S. the 2016 General category fishery
comment would require time and could
BFT quota recommended by the effective November 4, 2016 (81 FR
result in a harvest well in excess of the
International Commission for the 76874, November 4, 2016). NMFS
established commercial quota.
Conservation of Atlantic Tunas (ICCAT) adjusted the daily retention limit for the
For the aforementioned reasons, the
among the various domestic fishing 2017 January subquota period from the
AA also finds good cause to waive the
categories, per the allocations default level of one large medium or
30-day delay in the effectiveness of this
established in the 2006 Consolidated giant BFT to three large medium or giant
action under 5 U.S.C. 553(d)(3).
Atlantic Highly Migratory Species BFT in the same action as the 16.3-mt
Authority: 16 U.S.C. 1801 et seq. Fishery Management Plan (2006 transfer from the December 2016
Dated: May 12, 2017. Consolidated HMS FMP) (71 FR 58058, subquota period to the January 2016
Karen H. Abrams, October 2, 2006) and amendments, and subquota period (81 FR 91873,
Acting Deputy Director, Office of Sustainable in accordance with implementing December 19, 2016), and closed the
Fisheries, National Marine Fisheries Service. regulations. NMFS is required under January 2017 fishery on March 29 (82
[FR Doc. 2017–09999 Filed 5–12–17; 4:15 pm] ATCA and the Magnuson-Stevens Act to FR 16136, April 3, 2017).
BILLING CODE 3510–22–P
provide U.S. fishing vessels with a Under § 635.23(a)(4), NMFS may
reasonable opportunity to harvest the increase or decrease the daily retention
ICCAT-recommended quota. limit of large medium and giant BFT
DEPARTMENT OF COMMERCE The currently codified baseline U.S. over a range of zero to a maximum of
quota is 1,058.9 mt (not including the 25 five per vessel based on consideration of
National Oceanic and Atmospheric mt ICCAT allocated to the United States the relevant criteria provided under
Administration to account for bycatch of BFT in pelagic § 635.27(a)(8). NMFS has considered
longline fisheries in the Northeast these criteria and their applicability to
50 CFR Part 635 Distant Gear Restricted Area). See the General category BFT retention limit
§ 635.27(a). The currently codified for June through August 2017. These
[Docket No. 150121066–5717–02] General category quota is 466.7 mt. Each considerations include, but are not
of the General category time periods limited to, the following:
RIN 0648–XF413
(‘‘January,’’ June through August, Regarding the usefulness of
Atlantic Highly Migratory Species; September, October through November, information obtained from catches in
Atlantic Bluefin Tuna Fisheries and December) is allocated a portion of the particular category for biological
the annual General category quota. The sampling and monitoring of the status of
AGENCY: National Marine Fisheries codified June through August subquota the stock (§ 635.27(a)(8)(i)), biological
Service (NMFS), National Oceanic and is 233.3 mt. samples collected from BFT landed by
Atmospheric Administration (NOAA), General category fishermen and
Commerce. Adjustment of General Category Daily
provided by BFT dealers continue to
Retention Limit
ACTION: Temporary rule; inseason provide NMFS with valuable data for
General category retention limit Unless changed, the General category ongoing scientific studies of BFT age
adjustment. daily retention limit starting on June 1 and growth, migration, and reproductive
would be the default retention limit of status. Additional opportunity to land
SUMMARY: NMFS is adjusting the one large medium or giant BFT BFT would support the collection of a
Atlantic bluefin tuna (BFT) General (measuring 73 inches (185 cm) curved broad range of data for these studies and
category daily retention limit from the fork length (CFL) or greater) per vessel for stock monitoring purposes.
default limit of one large medium or per day/trip (§ 635.23(a)(2)). This NMFS also considered the catches of
giant BFT to four large medium or giant default retention limit would apply to the General category quota to date
BFT for June 1 through August 31, 2017. General category permitted vessels and (including during the fall and winter
This action is based on consideration of to HMS Charter/Headboat category fishery in the last several years), and the
nlaroche on DSK30NT082PROD with RULES

the regulatory determination criteria permitted vessels when fishing likelihood of closure of that segment of
regarding inseason adjustments, and commercially for BFT. For the 2016 the fishery if no adjustment is made
applies to Atlantic Tunas General fishing year, NMFS adjusted the daily (§ 635.27(a)(8)(ii)). Commercial-size BFT
category (commercial) permitted vessels retention limit from the default level of are anticipated to migrate to the fishing
and Highly Migratory Species (HMS) one large medium or giant BFT to three grounds off the northeast U.S. coast by
Charter/Headboat category permitted large medium or giant BFT for the early June. Based on General category

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Document Created: 2017-05-17 01:42:23
Document Modified: 2017-05-17 01:42:23

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 from 12:01 a.m., local time, May 17, 2017, until 12:01 a.m., local time, July 1, 2017.
Contact		Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		82 FR 22615
RIN Number		0648-XF42

82 FR 22615 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 94 (May 17, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration