[Federal Register Volume 82, Number 187 (Thursday, September 28, 2017)]
[Rules and Regulations]
[Page 45207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20792]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF683


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

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, October 2, 2017, 
until 12:01 a.m., local time, January 1, 2018.

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 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, 2017, 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 2017 fishing season will be added to the commercial quota for the 
July through December 2017 fishing season. Accordingly, NMFS determined 
that 20,379 lb (9,407 kg), round weight, of the commercial quota was 
not harvested in the January through June 2017 fishing season, and NMFS 
added that to the July through December commercial quota.
    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, to 500 lb (227 kg), 
gutted weight, 555 lb (252 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. Based on current information, NMFS has determined that 75 
percent of the commercial quota for the July through December 2017 
fishing season for vermilion snapper (including the January through 
June unused quota) was reached by September 19, 2017. 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 October 2, 2017. This 
reduced commercial trip limit will remain in effect until the start of 
the next commercial fishing season on January 1, 2018, 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 and trip limit reduction 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: September 25, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-20792 Filed 9-25-17; 4:15 pm]
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