[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47641-47642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22211]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XF730


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.

-----------------------------------------------------------------------

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 July through December 2017 fishing period by October 17, 2017. 
Therefore, NMFS closes the commercial sector for vermilion snapper in 
the South Atlantic EEZ on October 17, 2017, and it will remain closed 
until January 1, 2018, the start of the January through June 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, October 17, 
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: <a href="/cdn-cgi/l/email-protection#076a66757e2971667566476968666629606871"><span class="__cf_email__" data-cfemail="deb3bfaca7f0a8bfacbf9eb0b1bfbff0b9b1a8">[email protected]</span></a>.

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 periods each year, January through June and July 
through December. The commercial quota for vermilion snapper in the 
South Atlantic is 388,703 lb (176,313 kg), gutted weight (431,460 lb 
(195,707 kg), round weight), for the July 1 through December 31, 2017, 
fishing period, as specified in 50 CFR 622.190(a)(4)(ii)(D).
    On September 28, 2017 (82 FR 45207), 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, October 2, 2017, 
until January 1, 2018, 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 6-month period 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 July through December fishing

[[Page 47642]]

period will be reached by October 17, 2017. Accordingly, the commercial 
sector for South Atlantic vermilion snapper is closed effective at 
12:01 a.m., local time, October 17, 2017, until 12:01 a.m., local time, 
January 1, 2018.
    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, October 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, October 17, 
2017, and were held in cold storage by a dealer or processor. For a 
person on board a vessel issued a Federal commercial or charter vessel/
headboat permit for the South Atlantic snapper-grouper fishery, the 
recreational 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 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 final rule implementing the AM has been subject 
to public 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 vermilion snapper, since 
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: October 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-22211 Filed 10-12-17; 8:45 am]
 BILLING CODE 3510-22-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>