[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Page 19728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09165]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130312235-3658-02]
RIN 0648-XH011
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Resources of the South Atlantic; 2019 Vermilion Snapper
Commercial Trip Limit Reduction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; commercial trip limit reduction.
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SUMMARY: NMFS issues this temporary rule to reduce 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, May 6, 2019,
until 12:01 a.m., local time, July 1, 2019.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 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 equally among two 6-month fishing seasons,
January through June and July through December. For the January 1
through June 30, 2019, 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)(i)(D)). On May 9, 2019, upon implementation of
the final rule for Abbreviated Framework 2 to the FMP (84 FR 14021;
April 9, 2019), the commercial quota for each vermilion snapper 6-month
fishing season will be increased to 483,658 lb (219,384 kg), gutted
weight; 536,860 lb (243,516 kg), round weight.
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
applicable 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 the best scientific information available, NMFS has
determined that the trip limit should be reduced based on the current
commercial quota for the January 1 through June 30, 2019, fishing
season for vermilion snapper. Additionally, NMFS has determined that 75
percent of the available commercial quota that will be effective on May
9, 2019, for the January 1 through June 30, 2019, fishing season for
vermilion snapper will be reached by May 2, 2019. 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, 5 calendar days after this
notice files with the Office of the Federal Register. This reduced
commercial trip limit will remain in effect until the start of the next
fishing season on July 1, 2019, or until the applicable commercial
quota is reached and the commercial sector closes, whichever occurs
first. The next vermilion snapper season in the South Atlantic will
open on July 1, 2019, with a commercial trip limit of 1,000 lb (454
kg), gutted weight; 1,110 lb (503 kg), round weight (50 CFR
622.191(a)(6)(i)).
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 Fisheries, NOAA (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 and providing for a reduction in the commercial trip limit
has already been subject to notice and comment, and all that remains is
to notify the public of the commercial trip limit reduction. Providing
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. Providing prior notice and opportunity
for public comment on this action would require time and increase the
likelihood 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: April 30, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-09165 Filed 5-1-19; 4:15 pm]
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