[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Pages 58411-58412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20414]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XE824


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the commercial trip limit for vermilion snapper 
in or from the exclusive economic zone (EEZ) of the South Atlantic to 
500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. This 
trip limit reduction is necessary to protect the South Atlantic 
vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, August 28, 2016, 
until 12:01 a.m., local time, January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in 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 South Atlantic Fishery Management Council prepared 
the FMP. The FMP is implemented by NMFS under the authority of the 
Magnuson-Stevens Fishery

[[Page 58412]]

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 divided into two 6-month time periods, January 
through June, and July through December. For the July 1 through 
December 31, 2016, fishing season, the commercial quota is 388,703 lb 
(176,313 kg), gutted weight, 431,460 lb (195,707 kg), round weight (50 
CFR 622.190(a)(4)(ii)(D)). As specified in 50 CFR 622.190(a)(4)(iii), 
any unused portion of the commercial quota from the January through 
June 2016, fishing season would be added to the commercial quota for 
the July through December 2016, fishing season. However, in 2016, there 
was no unused commercial quota for the January through June period as 
the commercial sector reached its quota during the first 6-month 
period. Accordingly, the commercial sector was closed on March 29, 
2016, through June 30, 2016 (81 FR 16095, March 25, 2016).
    Under 50 CFR 622.191(a)(6)(ii), NMFS is required to reduce the 
commercial trip limit for vermilion snapper from 1,000 lb (454 kg), 
gutted weight, 1,110 lb (503 kg), round weight, when 75 percent of the 
fishing season commercial quota is reached or projected to be reached, 
by filing a notification to that effect with the Office of the Federal 
Register, as established by Regulatory Amendment 18 to the FMP (78 FR 
47574, August 6, 2013). The reduced commercial trip limit is 500 lb 
(227 kg), gutted weight, 555 lb (252 kg), round weight. Based on 
current information, NMFS has determined that 75 percent of the 
available commercial quota for the July through December 2016 fishing 
season for vermilion snapper will be reached by August 28, 2016. 
Accordingly, NMFS is reducing the commercial trip limit for vermilion 
snapper to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round 
weight, in or from the South Atlantic EEZ at 12:01 a.m., local time, on 
August 28, 2016. This reduced commercial trip limit will remain in 
effect until the start of the next commercial fishing season on January 
1, 2017, or until the commercial quota is reached and the commercial 
sector closes, whichever occurs first.

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 622.191(a)(6)(ii) 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 NOAA Fisheries (AA) finds that the need 
to immediately implement this commercial trip limit reduction 
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), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary, because the rule 
establishing the trip limit has already been subject to notice and 
comment, and all that remains is to notify the public of the trip limit 
reduction. Prior notice and opportunity for public comment is contrary 
to the public interest, because any delay in reducing the commercial 
trip limit could result in the commercial quota being exceeded. There 
is a need to immediately implement this action to protect the vermilion 
snapper resource, since the capacity of the fishing fleet allows for 
rapid harvest of the commercial quota. Prior notice and opportunity for 
public comment on this action would require time and increase the 
probability that the commercial sector could exceed its 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: August 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20414 Filed 8-22-16; 4:15 pm]
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