[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 16095-16096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06737]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XE506


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 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.

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

SUMMARY: NMFS implements accountability measures (AMs) for the 
commercial sector for vermilion snapper in the exclusive economic zone 
(EEZ) of the South Atlantic. NMFS projects that commercial landings for 
vermilion snapper will reach the commercial annual catch limit (ACL) 
for the January through June, 2016, fishing period by March 29, 2016. 
Therefore, NMFS closes the commercial sector for vermilion snapper in 
the South Atlantic EEZ on March 29, 2016, and it will remain closed 
until July 1, 2016, the start of the July through December fishing 
period. This closure is necessary to protect the South Atlantic 
vermilion snapper resource.

DATES: This rule is effective from 12:01 a.m., local time, March 29, 
2016, until 12:01 a.m., local time, July 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 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 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 commercial ACL (equivalent to the commercial quota) for 
vermilion snapper in the South Atlantic is divided into separate quotas 
for two 6-month time periods, January through June and July through 
December. For the January through June, 2016, fishing season, the 
commercial quota is 388,703 lb (176,313 kg), gutted weight (431,460 lb 
(195,707 kg), round weight), as specified in 50 CFR 
622.190(a)(4)(i)(D).

[[Page 16096]]

    On February 26, 2016 (81 FR 9786), NMFS published a temporary rule 
in the Federal Register to reduce the commercial trip limit for 
vermilion snapper in or from the EEZ of the South Atlantic to 500 lb 
(227 kg), gutted weight, effective 12:01 a.m., local time, March 2, 
2016, until July 1, 2016, or until the quota was reached and the 
commercial sector closed, whichever would occur first.
    In accordance with regulations at 50 CFR 622.193(f)(1), NMFS is 
required to close the commercial sector for vermilion snapper when the 
commercial quota for that 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 quota for South Atlantic vermilion snapper for the January 
through June fishing period will be reached by March 29, 2016. 
Accordingly, the commercial sector for South Atlantic vermilion snapper 
is closed effective 12:01 a.m., local time, March 29, 2016, until 12:01 
a.m., local time, July 1, 2016. The commercial quota for vermilion 
snapper in the South Atlantic is 388,703 lb (176,313 kg), gutted weight 
(431,460 lb (195,707 kg), round weight), for the July 1 through 
December 31, 2016, fishing period, as specified in 50 CFR 
622.190(a)(4)(ii)(D).
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having vermilion snapper on board must 
have landed and bartered, traded, or sold such vermilion snapper prior 
to 12:01 a.m., local time, March 29, 2016. During the closure, the bag 
limit specified in 50 CFR 622.187(b)(5) and the possession limits 
specified in 50 CFR 622.187(c)(1), 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. As specified in 50 CFR 622.190(c)(1)(i), 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, March 29, 2016, 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 
vermilion snapper would apply regardless of whether the fish are 
harvested in state 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 
South Atlantic vermilion snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(f)(1) and is exempt from 
review under Executive Order 12866.
    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 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 
commercial quota. Prior notice and opportunity for public comment would 
require time and could result in a harvest well in excess of the 
established 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: March 21, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-06737 Filed 3-22-16; 4:15 pm]
BILLING CODE 3510-22-P