[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59063-59064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24502]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XA677


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Closure

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the commercial sector for vermilion snapper in the 
exclusive economic zone (EEZ) of the South Atlantic. This closure is 
necessary to protect the vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, September 30, 
2011, until 12:01 a.m., local time, January 1, 2012.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic 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 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act by regulations at 50 CFR part 622.
    The commercial quota for vermilion snapper in the South Atlantic is 
302,523 lb (137,222 kg) for the current fishing period, July 1 through 
December 31, 2011, as specified in 50 CFR 622.42(e)(4)(ii). On June 15, 
2011, NMFS published a final rule implementing a commercial trip limit 
for vermilion snapper of 1,500 lb (680 kg) per day, which was effective 
on July 15, 2011 (76 FR 34892). This trip limit, specified in 50 CFR 
622.44(c)(6), remains in effect until the commercial quota for 
vermillion snapper is reached.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
sector for vermilion snapper when its quota 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 will have been 
reached by September 30, 2011. Accordingly, the commercial sector for 
South Atlantic vermilion snapper is closed effective 12:01 a.m., local 
time, September 30, 2011, until 12:01 a.m., local time, January 1, 
2012.
    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, September 30, 2011. During the closure, the 
bag limit and possession limits specified in 50 CFR 622.39(d)(1)(v) and 
(d)(2), respectively, apply to all harvest or possession of vermilion 
snapper in or from the South Atlantic EEZ, and the sale or purchase of 
vermilion snapper taken from the EEZ is prohibited. 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, September 30, 2011, and were held in cold storage by 
a dealer or processor. For a person on board a vessel for which a 
Federal commercial permit for the South Atlantic snapper-grouper 
fishery has been issued, the sale and purchase provisions of the 
commercial closure for vermilion snapper would apply regardless of 
whether the fish are harvested in state or Federal waters, as specified 
in 50 CFR 622.43(a)(5)(ii).

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds that the need to immediately

[[Page 59064]]

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 would 
be unnecessary because the rule itself has been subject to 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 the fishery since the capacity of the 
fishing fleet allows for rapid harvest of the quota. Prior notice and 
opportunity for public comment would require time and would potentially 
result in a harvest well in excess of the established 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).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: September 20, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-24502 Filed 9-20-11; 4:15 pm]
BILLING CODE 3510-22-P