Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60009 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 040205043–4043–01] 

RIN 0648–XY47 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

Closure of the July-December 2010 

Commercial Sector for Vermilion 

Snapper in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS closes the commercial 

sector for vermilion snapper in the 

exclusive economic zone (EEZ) of the 

South Atlantic. NMFS has determined 

that the quota for the commercial sector 

for vermilion snapper will have been 

reached by October 6, 2010. This 

closure is necessary to protect the 

vermilion snapper resource. 

DATES: Closure is effective 12:01 a.m., 

local time, October 6, 2010, through 

12:01 a.m., local time, on January 1, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. Those regulations 

set the commercial quota for vermilion 

snapper in the South Atlantic at 302,523 

lb (137,222 kg) for the current fishing 

period, July 1 through December 31, 

2010, as specified in 50 CFR 

622.42(e)(4)(ii). 

Under 50 CFR 622.43(a), NMFS is 

required to close the commercial sector 

for a species or species group when the 

quota for that species or species group 

is reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. Based 

on current statistics, NMFS has 

determined that the available 

commercial quota of 302,523 lb (137,222 

kg) for vermilion snapper will be 

reached on or before October 6, 2010. 

Accordingly, NMFS is closing the 

commercial sector for vermilion snapper 

in the South Atlantic EEZ from 12:01 

a.m., local time, on October 6, 2010, 

through 12:01 a.m., local time, on 

January 1, 2011. The operator of a vessel 

with a valid commercial vessel permit 

for snapper-grouper having vermilion 

snapper onboard must have landed and 

bartered, traded, or sold such vermilion 

snapper prior to 12:01 a.m., local time, 

October 6, 2010. 

During the closure, the bag limit and 

possession limits specified in 50 CFR 

622.39(d)(1)(v) and (d)(2), respectively, 

apply to all harvest or possession of 

vermilion snapper in or from the South 

Atlantic EEZ, and the sale or purchase 

of vermilion snapper taken from the 

EEZ is prohibited. The prohibition on 

sale or purchase does not apply to sale 

or purchase of vermilion snapper that 

were harvested, landed ashore, and sold 

prior to 12:01 a.m., local time, October 

6, 2010, 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 snappergrouper fishery has been issued, 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 622.43(a)(5)(ii). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds that the need to immediately 

implement this action to close the 

commercial sector to the harvest of 

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 

already 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 the vermilion 

snapper stock because the capacity of 

the fishing fleet allows for rapid harvest 

of the quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30–day delay in effectiveness of the 

action under 5 U.S.C. 553(d)(3). 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 24, 2010. 

Carrie Selberg, 

Acting Director,Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–24454 Filed 9–24–10; 4:15 am] 

BILLING CODE 3510–22–S 


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