[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56932-56933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23604]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XE181


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 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. NMFS projects commercial landings for snowy grouper will 
reach the commercial annual catch limit (ACL) (equivalent to the 
commercial quota) by September 22, 2015. Therefore, NMFS closes the 
commercial sector for snowy grouper in the South Atlantic EEZ on 
September 22, 2015, and it will remain closed until the start of the 
next fishing season on January 1, 2016. This closure is necessary to 
protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, September 22, 
2015, until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Britni LaVine, NMFS Southeast Regional 
Office, 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 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 final rule implementing Regulatory Amendment 20 to the FMP 
recently revised the commercial quota (equivalent to the commercial 
ACL) for snowy grouper in the South Atlantic to 115,451 lb (52,368 kg), 
gutted weight; 136,233 lb (61,794 kg), round weight, for the remainder 
of the current fishing year, ending December 31, 2015, as specified in 
50 CFR 622.190(a)(1) (80 FR 43033, July 21, 2015).
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial quota 
(commercial ACL) is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
NMFS projects that commercial landings of South Atlantic snowy grouper 
will reach the commercial ACL by September 22, 2015. Accordingly, the 
commercial sector for South Atlantic snowy grouper is closed effective 
12:01 a.m., local time, September 22, 2015, until 12:01 a.m., local 
time, January 1, 2016.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper with snowy grouper on board must have 
landed and bartered, traded, or sold such snowy grouper prior to 12:01 
a.m., local time, September 22, 2015. During the commercial closure, 
harvest and possession of snowy grouper in or from the South Atlantic 
EEZ is limited to the bag and possession limits, as specified in Sec.  
622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the 
sale or purchase of snowy grouper taken from the South Atlantic 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, September 22, 2015, 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 limits and the sale and 
purchase provisions of the commercial closure for snowy grouper would 
apply regardless of whether the fish are harvested in state

[[Page 56933]]

or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii).

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 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 scientific information available. 
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 are unnecessary because the rule itself has been 
subject to notice and comment, and all that remains is to notify the 
public of the closure. Such procedures are 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: September 16, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-23604 Filed 9-16-15; 4:15 pm]
 BILLING CODE 3510-22-P