[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Rules and Regulations]
[Pages 22615-22616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09999]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF424


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 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 an accountability measure (AM) for the 
commercial sector for vermilion snapper in the South Atlantic exclusive 
economic zone (EEZ). NMFS projects that commercial landings of 
vermilion snapper will reach the commercial annual catch limit (ACL) 
for the January through June 2017 fishing season by May 17, 2017. 
Therefore, NMFS closes the commercial sector for vermilion snapper in 
the South Atlantic EEZ on May 17, 2017, and it will remain closed until 
July 1, 2017, the start of the July through December commercial fishing 
season. This closure is necessary to protect the South Atlantic 
vermilion snapper resource.

DATES: This rule is effective from 12:01 a.m., local time, May 17, 
2017, until 12:01 a.m., local time, July 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 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 seasons, January through June and July through 
December. For the January through June fishing season in 2017, 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).
    On March 22, 2017 (82 FR 14641), NMFS published a temporary rule in 
the Federal Register to reduce the commercial trip limit for vermilion 
snapper in or from the South Atlantic EEZ to 500 lb (227 kg), gutted 
weight, effective at 12:01 a.m., local time, March 22, 2017, until July 
1, 2017, or until the commercial 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 season will be reached by May 17, 2017. 
Accordingly, the commercial sector for South Atlantic vermilion snapper 
is closed effective at 12:01 a.m., local time, May 17, 2017, until 
12:01 a.m., local time, July 1, 2017.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper with vermilion snapper on board must 
have landed and bartered, traded, or sold such vermilion snapper prior 
to 12:01 a.m., local time, May 17, 2017. During the commercial closure, 
the recreational 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. Also during the commercial 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, May 17, 2017, 
and were held in cold storage by a dealer or processor. For a person on 
board a vessel for which a valid 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 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 for the NMFS Southeast Region 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 NOAA Fisheries (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

[[Page 22616]]

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 
implementing the AM has been subject to notice and comment, and all 
that remains is to notify the public of the closure. Prior notice and 
opportunity for public comment on this action are contrary to the 
public interest because there is a need to immediately implement this 
action to protect the vermilion snapper resource, as 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: May 12, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-09999 Filed 5-12-17; 4:15 pm]
 BILLING CODE 3510-22-P