82_FR_45394 82 FR 45207 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Commercial Trip Limit Reduction for Vermilion Snapper

82 FR 45207 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Commercial Trip Limit Reduction for Vermilion Snapper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 187 (September 28, 2017)

Page Range45207-45207
FR Document2017-20792

NMFS reduces 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 Issue 187 (Thursday, September 28, 2017)
[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Page 45207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20792]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF683


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

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

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces 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, October 2, 2017, 
until 12:01 a.m., local time, January 1, 2018.

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 July 1 through 
December 31, 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)(ii)(D)). As specified in 50 CFR 622.190(a)(4)(iii), 
any unused portion of the commercial quota from the January through 
June 2017 fishing season will be added to the commercial quota for the 
July through December 2017 fishing season. Accordingly, NMFS determined 
that 20,379 lb (9,407 kg), round weight, of the commercial quota was 
not harvested in the January through June 2017 fishing season, and NMFS 
added that to the July through December commercial quota.
    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, to 500 lb (227 kg), 
gutted weight, 555 lb (252 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. Based on current information, NMFS has determined that 75 
percent of the commercial quota for the July through December 2017 
fishing season for vermilion snapper (including the January through 
June unused quota) was reached by September 19, 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 October 2, 2017. This 
reduced commercial trip limit will remain in effect until the start of 
the next commercial fishing season on January 1, 2018, or until the 
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 NOAA Fisheries (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 the trip limit and trip limit reduction has already been 
subject to notice and comment, and all that remains is to notify the 
public of the trip limit reduction. 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. Prior 
notice and opportunity for public comment on this action would require 
time and increase the probability 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: September 25, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-20792 Filed 9-25-17; 4:15 pm]
BILLING CODE 3510-22-P



                                                                 Federal Register / Vol. 82, No. 187 / Thursday, September 28, 2017 / Rules and Regulations                                           45207

                                                concerns about complying with these                      is managed under the Fishery                          Classification
                                                requirements by the compliance date.                     Management Plan for the Snapper-
                                                Programs may voluntarily come into                       Grouper Fishery of the South Atlantic                    The Regional Administrator,
                                                compliance at an earlier date if they                    Region (FMP). The South Atlantic                      Southeast Region, NMFS, has
                                                have the processes already in place.                     Fishery Management Council prepared                   determined this temporary rule is
                                                Programs that do not have processes                      the FMP. The FMP is implemented by                    necessary for the conservation and
                                                already in place, have until September                   NMFS under the authority of the                       management of South Atlantic
                                                30, 2018, to comply with the                             Magnuson-Stevens Fishery                              vermilion snapper and is consistent
                                                requirements on background checks at                     Conservation and Management Act                       with the Magnuson-Stevens Act and
                                                45 CFR 1302.90(b) and the requirement                    (Magnuson-Stevens Act) by regulations                 other applicable laws.
                                                to participate in their states’ QRIS at 45               at 50 CFR part 622.                                      This action is taken under 50 CFR
                                                CFR 1302.53(b)(2).                                          The commercial ACL (commercial                     622.191(a)(6)(ii) and is exempt from
                                                  Dated: September 6, 2017.                              quota) for vermilion snapper in the                   review under Executive Order 12866.
                                                Steven Wagner,                                           South Atlantic is divided into two 6-                    These measures are exempt from the
                                                Acting Assistant Secretary for Children and
                                                                                                         month time periods, January through                   procedures of the Regulatory Flexibility
                                                Families.                                                June, and July through December. For                  Act because the temporary rule is issued
                                                  Approved: September 6, 2017.
                                                                                                         the July 1 through December 31, 2017,                 without opportunity for prior notice and
                                                                                                         fishing season, the commercial quota is               comment.
                                                Thomas E. Price,
                                                                                                         388,703 lb (176,313 kg), gutted weight,
                                                Secretary.                                               431,460 lb (195,707 kg), round weight                    This action responds to the best
                                                [FR Doc. 2017–20499 Filed 9–27–17; 8:45 am]              (50 CFR 622.190(a)(4)(ii)(D)). As                     scientific information available. The
                                                BILLING CODE P                                           specified in 50 CFR 622.190(a)(4)(iii),               Assistant Administrator for NOAA
                                                                                                         any unused portion of the commercial                  Fisheries (AA) finds that the need to
                                                                                                         quota from the January through June                   immediately implement this
                                                DEPARTMENT OF COMMERCE                                   2017 fishing season will be added to the              commercial trip limit reduction
                                                                                                         commercial quota for the July through                 constitutes good cause to waive the
                                                National Oceanic and Atmospheric                         December 2017 fishing season.                         requirements to provide prior notice
                                                Administration                                           Accordingly, NMFS determined that                     and opportunity for public comment
                                                                                                         20,379 lb (9,407 kg), round weight, of                pursuant to the authority set forth in 5
                                                50 CFR Part 622                                          the commercial quota was not harvested                U.S.C. 553(b)(B), because prior notice
                                                                                                         in the January through June 2017 fishing              and opportunity for public comment on
                                                [Docket No. 130312235–3658–02]
                                                                                                         season, and NMFS added that to the                    this temporary rule is unnecessary and
                                                RIN 0648–XF683
                                                                                                         July through December commercial                      contrary to the public interest. Such
                                                                                                         quota.                                                procedures are unnecessary, because the
                                                Fisheries of the Caribbean, Gulf of                                                                            rule establishing the trip limit and trip
                                                Mexico, and South Atlantic; Snapper-                        Under 50 CFR 622.191(a)(6)(ii), NMFS
                                                                                                                                                               limit reduction has already been subject
                                                Grouper Resources of the South                           is required to reduce the commercial
                                                                                                                                                               to notice and comment, and all that
                                                Atlantic; Commercial Trip Limit                          trip limit for vermilion snapper from
                                                                                                                                                               remains is to notify the public of the trip
                                                Reduction for Vermilion Snapper                          1,000 lb (454 kg), gutted weight, 1,110
                                                                                                                                                               limit reduction. Prior notice and
                                                                                                         lb (503 kg), round weight, to 500 lb (227
                                                AGENCY:  National Marine Fisheries                                                                             opportunity for public comment is
                                                                                                         kg), gutted weight, 555 lb (252 kg),
                                                Service (NMFS), National Oceanic and                                                                           contrary to the public interest, because
                                                                                                         round weight, when 75 percent of the
                                                Atmospheric Administration (NOAA),                                                                             any delay in reducing the commercial
                                                                                                         fishing season commercial quota is
                                                Commerce.                                                                                                      trip limit could result in the commercial
                                                                                                         reached or projected to be reached, by
                                                ACTION: Temporary rule; trip limit
                                                                                                                                                               quota being exceeded. There is a need
                                                                                                         filing a notification to that effect with
                                                reduction.                                                                                                     to immediately implement this action to
                                                                                                         the Office of the Federal Register. Based
                                                                                                                                                               protect the vermilion snapper resource,
                                                                                                         on current information, NMFS has
                                                SUMMARY:   NMFS reduces the                                                                                    since the capacity of the fishing fleet
                                                                                                         determined that 75 percent of the
                                                commercial trip limit for vermilion                                                                            allows for rapid harvest of the
                                                                                                         commercial quota for the July through
                                                snapper in or from the exclusive                                                                               commercial quota. Prior notice and
                                                                                                         December 2017 fishing season for
                                                economic zone (EEZ) of the South                                                                               opportunity for public comment on this
                                                                                                         vermilion snapper (including the
                                                Atlantic to 500 lb (227 kg), gutted                                                                            action would require time and increase
                                                                                                         January through June unused quota) was
                                                weight, 555 lb (252 kg), round weight.                                                                         the probability that the commercial
                                                                                                         reached by September 19, 2017.
                                                This trip limit reduction is necessary to                                                                      sector could exceed its quota.
                                                                                                         Accordingly, NMFS is reducing the
                                                protect the South Atlantic vermilion                     commercial trip limit for vermilion                      For the aforementioned reasons, the
                                                snapper resource.                                        snapper to 500 lb (227 kg), gutted                    AA also finds good cause to waive the
                                                DATES: This rule is effective 12:01 a.m.,                weight, 555 lb (252 kg), round weight,                30-day delay in the effectiveness of this
                                                local time, October 2, 2017, until 12:01                 in or from the South Atlantic EEZ at                  action under 5 U.S.C. 553(d)(3).
                                                a.m., local time, January 1, 2018.                       12:01 a.m., local time, on October 2,                   Authority: 16 U.S.C. 1801 et seq.
                                                FOR FURTHER INFORMATION CONTACT:                         2017. This reduced commercial trip
                                                Mary Vara, NMFS Southeast Regional                                                                               Dated: September 25, 2017.
                                                                                                         limit will remain in effect until the start
                                                Office, telephone: 727–824–5305, email:                  of the next commercial fishing season                 Emily H. Menashes,
jstallworth on DSKBBY8HB2PROD with RULES




                                                mary.vara@noaa.gov.                                      on January 1, 2018, or until the                      Acting Director, Office of Sustainable
                                                SUPPLEMENTARY INFORMATION: The                           commercial quota is reached and the                   Fisheries, National Marine Fisheries Service.
                                                snapper-grouper fishery in the South                     commercial sector closes, whichever                   [FR Doc. 2017–20792 Filed 9–25–17; 4:15 pm]
                                                Atlantic includes vermilion snapper and                  occurs first.                                         BILLING CODE 3510–22–P




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Document Created: 2017-09-28 01:32:41
Document Modified: 2017-09-28 01:32:41
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; trip limit reduction.
DatesThis rule is effective 12:01 a.m., local time, October 2, 2017, until 12:01 a.m., local time, January 1, 2018.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation82 FR 45207 
RIN Number0648-XF68

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