[Federal Register Volume 79, Number 140 (Tuesday, July 22, 2014)]
[Rules and Regulations]
[Pages 42462-42463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17214]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XD386


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2014 Commercial Accountability Measure and Closure for South Atlantic 
Snowy Grouper

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 commercial 
snowy grouper in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings for snowy grouper, as estimated by the 
Science and Research Director (SRD), are projected to reach the 
commercial annual catch limit (ACL) (commercial quota) on July 25, 
2014. Therefore, NMFS closes the commercial sector for snowy grouper in 
the South Atlantic EEZ on July 25, 2014, and it will remain closed 
until the start of the next fishing season, January 1, 2015. This 
closure is necessary to protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, July 25, 2014, 
until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes snowy grouper 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 (equivalent to the commercial quota) for snowy 
grouper in the South Atlantic is 82,900 lb (37,603 kg), gutted weight, 
for the current fishing year, January 1 through December 31, 2014, as 
specified in 50 CFR 622.190(a)(1).
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial ACL (commercial 
quota) is 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 for South Atlantic snowy 
grouper will have been reached by July 25, 2014. Accordingly, the 
commercial sector for South Atlantic snowy grouper is closed effective 
12:01 a.m., local time, July 25, 2014, until 12:01 a.m., local time, 
January 1, 2015.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having snowy grouper onboard must have 
landed and bartered, traded, or sold such snowy grouper prior to 12:01 
a.m., local time, July 25, 2014. NMFS implemented a closure of the 
recreational sector for snowy grouper in the South Atlantic on June 7, 
2014 (79 FR 32497, June 5, 2014). During the recreational closure, and 
thus, during this commercial closure, the bag and possession limit for 
snowy grouper in or from the South Atlantic EEZ is zero. Also during 
the commercial closure, the sale or purchase of snowy grouper taken 
from the EEZ is prohibited. The prohibition on sale or purchase does 
not apply to the sale or purchase of snowy grouper that were harvested, 
landed ashore, and sold prior to 12:01 a.m., local time, July 25, 2014, 
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 bag and possession limit and the sale and 
purchase provisions of the commercial closure for snowy grouper would 
apply regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

[[Page 42463]]

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
snowy grouper and the South Atlantic snapper-grouper fishery and is 
consistent with the Magnuson-Stevens Act, the FMP, and other applicable 
laws.
    This action is taken under 50 CFR 622.193(b)(1) 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 available scientific 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 snowy grouper 
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 snowy grouper since the capacity of 
the fishing fleet allows for rapid harvest of the commercial ACL 
(commercial 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).

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

    Dated: July 17, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-17214 Filed 7-17-14; 4:15 pm]
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