[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Rules and Regulations]
[Page 59344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23815]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XC134


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2012 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 accountability measures (AMs) for the 
commercial sector for vermilion snapper in the exclusive economic zone 
(EEZ) of the South Atlantic. The Science Research Director (SRD) has 
estimated that commercial landings for vermilion snapper are projected 
to have reached the commercial annual catch limit (ACL) on September 
28, 2012. Therefore, NMFS closes the commercial sector for vermilion 
snapper in the South Atlantic EEZ on September 28, 2012, and it will 
remain closed throughout the remainder of the fishing year. This 
closure is necessary to protect the vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, September 28, 
2012, until 12:01 a.m., local time, January 1, 2013.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, 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 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 302,523 lb (137,222 kg), gutted weight, for the 
current fishing period, July 1 through December 31, 2012, as specified 
in 50 CFR 622.42(e)(4)(ii).
    In accordance with regulations at 50 CFR 622.49(b)(6)(i), NMFS is 
required to close the commercial sector for vermilion snapper when the 
commercial ACL (commercial quota) for the applicable 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 ACL (commercial quota) for 
South Atlantic vermilion snapper will have been reached by September 
28, 2012. Accordingly, the commercial sector for South Atlantic 
vermilion snapper is closed effective 12:01 a.m., local time, September 
28, 2012, until 12:01 a.m., local time, January 1, 2013.
    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 28, 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) apply 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, 
September 28, 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 
establishing the closure 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. This action needs to be immediately implemented to protect 
vermilion snapper because 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 commercial ACL (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).
    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 24, 2012.
Lindsay Fullenkamp,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-23815 Filed 9-24-12; 4:15 pm]
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