82_FR_47838 82 FR 47641 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper

82 FR 47641 - 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 197 (October 13, 2017)

Page Range47641-47642
FR Document2017-22211

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 July through December 2017 fishing period by October 17, 2017. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on October 17, 2017, and it will remain closed until January 1, 2018, the start of the January through June commercial fishing season. This closure is necessary to protect the South Atlantic vermilion snapper resource.

Federal Register, Volume 82 Issue 197 (Friday, October 13, 2017)
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47641-47642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22211]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF730


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 July through December 2017 fishing period by October 17, 2017. 
Therefore, NMFS closes the commercial sector for vermilion snapper in 
the South Atlantic EEZ on October 17, 2017, and it will remain closed 
until January 1, 2018, the start of the January through June 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, October 17, 
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 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 periods each year, January through June and July 
through December. The commercial quota for vermilion snapper in the 
South Atlantic is 388,703 lb (176,313 kg), gutted weight (431,460 lb 
(195,707 kg), round weight), for the July 1 through December 31, 2017, 
fishing period, as specified in 50 CFR 622.190(a)(4)(ii)(D).
    On September 28, 2017 (82 FR 45207), 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, October 2, 2017, 
until January 1, 2018, 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 6-month period 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 July through December fishing

[[Page 47642]]

period will be reached by October 17, 2017. Accordingly, the commercial 
sector for South Atlantic vermilion snapper is closed effective at 
12:01 a.m., local time, October 17, 2017, until 12:01 a.m., local time, 
January 1, 2018.
    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, October 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, October 17, 
2017, and were held in cold storage by a dealer or processor. For a 
person on board a vessel issued a Federal commercial or charter vessel/
headboat permit for the South Atlantic snapper-grouper fishery, the 
recreational 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 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 final rule implementing the AM has been subject 
to public notice and comment, and all that remains is to notify the 
public of the closure. Allowing prior notice and opportunity for public 
comment is contrary to the public interest because of the need to 
immediately implement this action to protect vermilion snapper, since 
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: October 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-22211 Filed 10-12-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations                                         47641

                                             for greater amberjack when the                          Assistant Administrator for NOAA                      annual catch limit (ACL) for the July
                                             commercial ACL (commercial quota) is                    Fisheries (AA) finds that the need to                 through December 2017 fishing period
                                             reached, or is projected to be reached,                 immediately implement this action to                  by October 17, 2017. Therefore, NMFS
                                             by filing a notification to that effect with            close the commercial sector for greater               closes the commercial sector for
                                             the Office of the Federal Register. NMFS                amberjack constitutes good cause to                   vermilion snapper in the South Atlantic
                                             projects that commercial landings of                    waive the requirements to provide prior               EEZ on October 17, 2017, and it will
                                             South Atlantic greater amberjack will                   notice and opportunity for public                     remain closed until January 1, 2018, the
                                             reach the commercial ACL by October                     comment pursuant to the authority set                 start of the January through June
                                             18, 2017. Accordingly, the commercial                   forth in 5 U.S.C. 553(b)(B), as such                  commercial fishing season. This closure
                                             sector for South Atlantic greater                       procedures would be unnecessary and                   is necessary to protect the South
                                             amberjack is closed effective at 12:01                  contrary to the public interest. Such                 Atlantic vermilion snapper resource.
                                             a.m., local time, October 18, 2017, until               procedures are unnecessary because the                DATES: This rule is effective from 12:01
                                             12:01 a.m., local time, March 1, 2018.                  AMs have already been subject to notice               a.m., local time, October 17, 2017, until
                                                The operator of a vessel with a valid                and comment, and all that remains is to               12:01 a.m., local time, January 1, 2018.
                                             Federal commercial vessel permit for                    notify the public of the closure. Such                FOR FURTHER INFORMATION CONTACT:
                                             South Atlantic snapper-grouper with                     procedures are contrary to the public                 Mary Vara, NMFS Southeast Regional
                                             greater amberjack on board must have                    interest because of the need to                       Office, telephone: 727–824–5305, email:
                                             landed and bartered, traded, or sold                    immediately implement this action to                  mary.vara@noaa.gov.
                                             such greater amberjack prior to 12:01                   protect greater amberjack since the
                                             a.m., local time, October 18, 2017.                                                                           SUPPLEMENTARY INFORMATION: The
                                                                                                     capacity of the fishing fleet allows for              snapper-grouper fishery of the South
                                             During the commercial closure, harvest                  rapid harvest of the commercial ACL
                                             and possession of greater amberjack in                                                                        Atlantic includes vermilion snapper and
                                                                                                     (commercial quota). Prior notice and                  is managed under the Fishery
                                             or from the South Atlantic EEZ is                       opportunity for public comment would
                                             limited to the recreational bag and                                                                           Management Plan for the Snapper-
                                                                                                     require time and would potentially                    Grouper Fishery of the South Atlantic
                                             possession limits, as specified in                      result in a harvest well in excess of the
                                             § 622.187(b)(1) and (c)(1). Also during                                                                       Region (FMP). The FMP was prepared
                                                                                                     established commercial ACL                            by the South Atlantic Fishery
                                             the commercial closure, the sale or                     (commercial quota).
                                             purchase of greater amberjack taken                                                                           Management Council and is
                                                                                                       For the aforementioned reasons, the
                                             from the South Atlantic EEZ is                                                                                implemented by NMFS under the
                                                                                                     AA also finds good cause to waive the
                                             prohibited. The prohibition on sale or                                                                        authority of the Magnuson-Stevens
                                                                                                     30-day delay in the effectiveness of this
                                             purchase does not apply to greater                                                                            Fishery Conservation and Management
                                                                                                     action under 5 U.S.C. 553(d)(3).
                                             amberjack that were harvested, landed                                                                         Act (Magnuson-Stevens Act) by
                                                                                                       Authority: 16 U.S.C. 1801 et seq.                   regulations at 50 CFR part 622.
                                             ashore, and sold prior to 12:01 a.m.,
                                             local time, October 18, 2017, and were                    Dated: October 10, 2017.                               The commercial ACL (equivalent to
                                             held in cold storage by a dealer or                     Emily H. Menashes,                                    the commercial quota) for vermilion
                                             processor, as specified in                              Acting Director, Office of Sustainable                snapper in the South Atlantic is divided
                                             § 622.190(c)(1)(i).                                     Fisheries, National Marine Fisheries Service.         into separate quotas for two 6-month
                                                For a person on board a vessel that                  [FR Doc. 2017–22210 Filed 10–12–17; 8:45 am]          periods each year, January through June
                                             has been issued a valid Federal                         BILLING CODE 3510–22–P
                                                                                                                                                           and July through December. The
                                             commercial or charter vessel/headboat                                                                         commercial quota for vermilion snapper
                                             permit for the South Atlantic snapper-                                                                        in the South Atlantic is 388,703 lb
                                             grouper fishery, the bag and possession                 DEPARTMENT OF COMMERCE                                (176,313 kg), gutted weight (431,460 lb
                                             limits and the sale and purchase                                                                              (195,707 kg), round weight), for the July
                                             provisions of the commercial closure for                National Oceanic and Atmospheric                      1 through December 31, 2017, fishing
                                             greater amberjack apply regardless of                   Administration                                        period, as specified in 50 CFR
                                             whether the fish are harvested in state                                                                       622.190(a)(4)(ii)(D).
                                             or Federal waters, as specified in 50                   50 CFR Part 622                                          On September 28, 2017 (82 FR 45207),
                                             CFR 622.190(c)(1)(ii).                                                                                        NMFS published a temporary rule in the
                                                                                                     [Docket No. 130312235–3658–02]
                                                                                                                                                           Federal Register to reduce the
                                             Classification                                          RIN 0648–XF730                                        commercial trip limit for vermilion
                                                The Regional Administrator,                                                                                snapper in or from the South Atlantic
                                                                                                     Fisheries of the Caribbean, Gulf of                   EEZ to 500 lb (227 kg), gutted weight,
                                             Southeast Region, NMFS, has
                                                                                                     Mexico, and South Atlantic; 2017                      effective at 12:01 a.m., local time,
                                             determined this temporary rule is
                                                                                                     Commercial Accountability Measure                     October 2, 2017, until January 1, 2018,
                                             necessary for the conservation and
                                                                                                     and Closure for South Atlantic                        or until the commercial quota was
                                             management of greater amberjack and
                                                                                                     Vermilion Snapper                                     reached and the commercial sector
                                             the South Atlantic snapper-grouper
                                             fishery and is consistent with the                      AGENCY:  National Marine Fisheries                    closed, whichever would occur first.
                                             Magnuson-Stevens Act and other                          Service (NMFS), National Oceanic and                     In accordance with regulations at 50
                                             applicable laws.                                        Atmospheric Administration (NOAA),                    CFR 622.193(f)(1), NMFS is required to
                                                This action is taken under 50 CFR                    Commerce.                                             close the commercial sector for
                                             622.193(k)(1) and is exempt from review                 ACTION: Temporary rule; closure.
                                                                                                                                                           vermilion snapper when the commercial
                                             under Executive Order 12866.                                                                                  quota for that 6-month period of the
                                                                                                                                                           fishing year has been reached, or is
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                                                These measures are exempt from the                   SUMMARY:  NMFS implements an
                                             procedures of the Regulatory Flexibility                accountability measure (AM) for the                   projected to be reached, by filing a
                                             Act, because the temporary rule is                      commercial sector for vermilion snapper               notification to that effect with the Office
                                             issued without opportunity for prior                    in the South Atlantic exclusive                       of the Federal Register. NMFS has
                                             notice and comment.                                     economic zone (EEZ). NMFS projects                    determined that the commercial quota
                                                This action responds to the best                     that commercial landings of vermilion                 for South Atlantic vermilion snapper for
                                             scientific information available. The                   snapper will reach the commercial                     the July through December fishing


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                                             47642             Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations

                                             period will be reached by October 17,                   to public notice and comment, and all                 December 31, 2017. The deadline to
                                             2017. Accordingly, the commercial                       that remains is to notify the public of               submit a specified fishing agreement
                                             sector for South Atlantic vermilion                     the closure. Allowing prior notice and                pursuant to 50 CFR 665.819(b)(3) for
                                             snapper is closed effective at 12:01 a.m.,              opportunity for public comment is                     review is December 11, 2017.
                                             local time, October 17, 2017, until 12:01               contrary to the public interest because               ADDRESSES: Copies of the Fishery
                                             a.m., local time, January 1, 2018.                      of the need to immediately implement                  Ecosystem Plan for Pelagic Fisheries of
                                                The operator of a vessel with a valid                this action to protect vermilion snapper,             the Western Pacific (Pelagic FEP) are
                                             commercial vessel permit for South                      since the capacity of the fishing fleet               available from the Western Pacific
                                             Atlantic snapper-grouper with                           allows for rapid harvest of the                       Fishery Management Council (Council),
                                             vermilion snapper on board must have                    commercial quota. Prior notice and                    1164 Bishop St., Suite 1400, Honolulu,
                                             landed and bartered, traded, or sold                    opportunity for public comment would                  HI 96813, tel 808–522–8220, fax 808–
                                             such vermilion snapper prior to 12:01                   require time and could result in a                    522–8226, or www.wpcouncil.org.
                                             a.m., local time, October 17, 2017.                     harvest well in excess of the established                NMFS prepared environmental
                                             During the commercial closure, the                      commercial quota.                                     analyses that describe the potential
                                             recreational bag limit specified in 50                     For the aforementioned reasons, the                impacts on the human environment that
                                             CFR 622.187(b)(5) and the possession                    AA also finds good cause to waive the                 would result from the action. Copies of
                                             limits specified in 50 CFR 622.187(c)(1)                30-day delay in the effectiveness of this             those analyses, identified by NOAA–
                                             apply to all harvest or possession of                   action under 5 U.S.C. 553(d)(3).                      NMFS–2017–0004, are available from
                                             vermilion snapper in or from the South                                                                        www.regulations.gov/
                                                                                                       Authority: 16 U.S.C. 1801 et seq.
                                             Atlantic EEZ. Also during the                                                                                 #!docketDetail;D=NOAA-NMFS-2017-
                                             commercial closure, the sale or                           Dated: October 10, 2017.                            0004, or from Michael D. Tosatto,
                                             purchase of vermilion snapper taken                     Emily H. Menashes,                                    Regional Administrator, NMFS Pacific
                                             from the EEZ is prohibited. As specified                Acting Director, Office of Sustainable                Islands Region (PIR), 1845 Wasp Blvd.,
                                             in 50 CFR 622.190(c)(1)(i), the                         Fisheries, National Marine Fisheries Service.         Bldg. 176, Honolulu, HI 96818.
                                             prohibition on sale or purchase does not                [FR Doc. 2017–22211 Filed 10–12–17; 8:45 am]          FOR FURTHER INFORMATION CONTACT:
                                             apply to the sale or purchase of
                                             vermilion snapper that were harvested,
                                                                                                     BILLING CODE 3510–22–P                                Jarad Makaiau, NMFS PIRO Sustainable
                                             landed ashore, and sold prior to 12:01                                                                        Fisheries, 808–725–5176.
                                             a.m., local time, October 17, 2017, and                                                                       SUPPLEMENTARY INFORMATION: NMFS is
                                                                                                     DEPARTMENT OF COMMERCE
                                             were held in cold storage by a dealer or                                                                      specifying a catch limit of 2,000 mt of
                                             processor. For a person on board a                      National Oceanic and Atmospheric                      longline-caught bigeye tuna for each
                                             vessel issued a Federal commercial or                   Administration                                        U.S. participating territory in 2017.
                                             charter vessel/headboat permit for the                                                                        NMFS is also authorizing each territory
                                             South Atlantic snapper-grouper fishery,                 50 CFR Part 665                                       to allocate up to 1,000 mt of its 2,000-
                                             the recreational bag and possession                                                                           mt bigeye tuna limit to U.S. longline
                                             limits and the sale and purchase                        [Docket No. 170109046–7933–02]                        fishing vessels permitted to fish under
                                             provisions of the commercial closure for                RIN 0648–XF156                                        the Pelagic FEP. NMFS will monitor
                                             vermilion snapper apply regardless of                                                                         catches of longline-caught bigeye tuna
                                             whether the fish are harvested in state                 Pacific Island Pelagic Fisheries; 2017                by the longline fisheries of each
                                             or Federal waters, as specified in 50                   U.S. Territorial Longline Bigeye Tuna                 territory, including catches made by
                                             CFR 622.190(c)(1)(ii).                                  Catch Limits                                          U.S. longline vessels operating under
                                                                                                                                                           specified fishing agreements. The
                                             Classification                                          AGENCY:  National Marine Fisheries                    criteria that a specified fishing
                                               The Regional Administrator for the                    Service (NMFS), National Oceanic and                  agreement must meet, and the process
                                             NMFS Southeast Region has determined                    Atmospheric Administration (NOAA),                    for attributing longline-caught bigeye
                                             this temporary rule is necessary for the                Commerce.                                             tuna, will follow the procedures in 50
                                             conservation and management of South                    ACTION: Final specifications.                         CFR 665.819—Territorial catch and
                                             Atlantic vermilion snapper and is                                                                             fishing effort limits. When NMFS
                                             consistent with the Magnuson-Stevens                    SUMMARY:    In this final rule, NMFS                  projects that a territorial catch or
                                             Act and other applicable laws.                          specifies a 2017 limit of 2,000 mt of                 allocation limit will be reached, NMFS
                                               This action is taken under 50 CFR                     longline-caught bigeye tuna for each                  will, as an accountability measure,
                                             622.193(f)(1) and is exempt from review                 U.S. participating territory (American                prohibit the catch and retention of
                                             under Executive Order 12866.                            Samoa, Guam, and the Northern                         longline-caught bigeye tuna by vessels
                                               This action responds to the best                      Mariana Islands). NMFS will allow each                in the applicable territory (territorial
                                             scientific information available. The                   territory to allocate up to 1,000 mt each             catch limit), and/or vessels in a
                                             Assistant Administrator for NOAA                        year to U.S. longline fishing vessels in              specified fishing agreement (allocation
                                             Fisheries (AA) finds that the need to                   a valid specified fishing agreement. As               limit).
                                             immediately implement this action to                    an accountability measure, NMFS will                     You may find additional background
                                             close the commercial sector for                         monitor, attribute, and restrict (if                  information on this action in the
                                             vermilion snapper constitutes good                      necessary), catches of longline-caught                preamble to the proposed specifications
                                             cause to waive the requirements to                      bigeye tuna, including catches made                   published on August 31, 2017 (82 FR
                                             provide prior notice and opportunity for                under a specified fishing agreement.                  41388).
                                             public comment pursuant to the                          These catch limits and accountability
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                                             authority set forth in 5 U.S.C. 553(b)(B),              measures support the long-term                        Comments and Responses
                                             as such procedures would be                             sustainability of fishery resources of the              On August 31, 2017, NMFS published
                                             unnecessary and contrary to the public                  U.S. Pacific Islands and fisheries                    the proposed specifications and request
                                             interest. Such procedures are                           development in the U.S. territories.                  for public comments (82 FR 41388); the
                                             unnecessary because the final rule                      DATES: The final specifications are                   comment period closed on September
                                             implementing the AM has been subject                    effective October 10, 2017, through                   15, 2017.


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Document Created: 2017-10-13 04:33:11
Document Modified: 2017-10-13 04:33:11
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; closure.
DatesThis rule is effective from 12:01 a.m., local time, October 17, 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 47641 
RIN Number0648-XF73

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