[Federal Register Volume 77, Number 39 (Tuesday, February 28, 2012)]
[Rules and Regulations]
[Pages 11775-11776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4709]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XA990


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.

-----------------------------------------------------------------------

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, February 29, 
2012, until 12:01 a.m., local time, July 1, 2012.

FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727-824-
5305, email: [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 
315,523 lb (143,119 kg) for the current fishing period, January 1 
through June 30, 2012, as specified in 50 CFR 622.42(e)(4)(i).
    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 February 29, 2012. Accordingly, the commercial sector for 
South Atlantic vermilion snapper is closed effective 12:01 a.m., local 
time, February 29, 2012, until 12:01 a.m., local time, July 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, February 29, 2012. During the closure, the 
bag limit specified in 50 CFR 622.39(d)(1)(v), applies to all harvest 
or possession of vermilion snapper in or from the South Atlantic EEZ, 
including the bag limit that may be retained by the captain or crew of 
a vessel operating as a charter vessel or headboat. The bag limit for 
such captain and crew is zero. During the closure, the possession 
limits specified in 50 CFR 622.39(d)(2) applies to all harvest or 
possession of vermilion snapper in or from the South Atlantic EEZ. 
During the closure, 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, 
February 29, 2012, and were held in cold storage by a dealer or 
processor. For a person on board a vessel for which a Federal 
commercial or charter vessel/headboat 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 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 
vermilion snapper 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.

[[Page 11776]]

    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: February 23, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-4709 Filed 2-23-12; 4:15 pm]
BILLING CODE 3510-22-P