Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47641 

for greater amberjack when the 

commercial ACL (commercial quota) is 

reached, or is projected to be reached, 

by filing a notification to that effect with 

the Office of the Federal Register. NMFS 

projects that commercial landings of 

South Atlantic greater amberjack will 

reach the commercial ACL by October 

18, 2017. Accordingly, the commercial 

sector for South Atlantic greater 

amberjack is closed effective at 12:01 

a.m., local time, October 18, 2017, until 

12:01 a.m., local time, March 1, 2018. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper with 

greater amberjack on board must have 

landed and bartered, traded, or sold 

such greater amberjack prior to 12:01 

a.m., local time, October 18, 2017. 

During the commercial closure, harvest 

and possession of greater amberjack in 

or from the South Atlantic EEZ is 

limited to the recreational bag and 

possession limits, as specified in 

§ 622.187(b)(1) and (c)(1). Also during 

the commercial closure, the sale or 

purchase of greater amberjack taken 

from the South Atlantic EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to greater 

amberjack that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, October 18, 2017, and were 

held in cold storage by a dealer or 

processor, as specified in 

§ 622.190(c)(1)(i). 

For a person on board a vessel that 

has been issued a valid Federal 

commercial or charter vessel/headboat 

permit for the South Atlantic snappergrouper fishery, the bag and possession 

limits and the sale and purchase 

provisions of the commercial closure for 

greater amberjack 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, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of greater amberjack and 

the South Atlantic snapper-grouper 

fishery and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.193(k)(1) 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 action to 

close the commercial sector for greater 

amberjack 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 

AMs have already been subject to notice 

and comment, and all that remains is to 

notify the public of the closure. Such 

procedures are contrary to the public 

interest because of the need to 

immediately implement this action to 

protect greater amberjack since the 

capacity of the fishing fleet allows for 

rapid harvest of the commercial ACL 

(commercial quota). Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established commercial ACL 

(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. 2017–22210 Filed 10–12–17; 8:45 am] 

BILLING CODE 3510–22–P 

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: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes vermilion snapper and 

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 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 


nlaroche on DSK9F9SC42PROD with RULES
47642 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 170109046–7933–02] 

RIN 0648–XF156 

Pacific Island Pelagic Fisheries; 2017 

U.S. Territorial Longline Bigeye Tuna 

Catch Limits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final specifications. 

SUMMARY: In this final rule, NMFS 

specifies a 2017 limit of 2,000 mt of 

longline-caught bigeye tuna for each 

U.S. participating territory (American 

Samoa, Guam, and the Northern 

Mariana Islands). NMFS will allow each 

territory to allocate up to 1,000 mt each 

year to U.S. longline fishing vessels in 

a valid specified fishing agreement. As 

an accountability measure, NMFS will 

monitor, attribute, and restrict (if 

necessary), catches of longline-caught 

bigeye tuna, including catches made 

under a specified fishing agreement. 

These catch limits and accountability 

measures support the long-term 

sustainability of fishery resources of the 

U.S. Pacific Islands and fisheries 

development in the U.S. territories. 

DATES: The final specifications are 

effective October 10, 2017, through 

December 31, 2017. The deadline to 

submit a specified fishing agreement 

pursuant to 50 CFR 665.819(b)(3) for 

review is December 11, 2017. 

ADDRESSES: Copies of the Fishery 

Ecosystem Plan for Pelagic Fisheries of 

the Western Pacific (Pelagic FEP) are 

available from the Western Pacific 

Fishery Management Council (Council), 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel 808–522–8220, fax 808– 

522–8226, or www.wpcouncil.org. 

NMFS prepared environmental 

analyses that describe the potential 

impacts on the human environment that 

would result from the action. Copies of 

those analyses, identified by NOAA– 

NMFS–2017–0004, are available from 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0004, or from Michael D. Tosatto, 

Regional Administrator, NMFS Pacific 

Islands Region (PIR), 1845 Wasp Blvd., 

Bldg. 176, Honolulu, HI 96818. 

FOR FURTHER INFORMATION CONTACT: 

Jarad Makaiau, NMFS PIRO Sustainable 

Fisheries, 808–725–5176. 

SUPPLEMENTARY INFORMATION: NMFS is 

specifying a catch limit of 2,000 mt of 

longline-caught bigeye tuna for each 

U.S. participating territory in 2017. 

NMFS is also authorizing each territory 

to allocate up to 1,000 mt of its 2,000- 

mt bigeye tuna limit to U.S. longline 

fishing vessels permitted to fish under 

the Pelagic FEP. NMFS will monitor 

catches of longline-caught bigeye tuna 

by the longline fisheries of each 

territory, including catches made by 

U.S. longline vessels operating under 

specified fishing agreements. The 

criteria that a specified fishing 

agreement must meet, and the process 

for attributing longline-caught bigeye 

tuna, will follow the procedures in 50 

CFR 665.819—Territorial catch and 

fishing effort limits. When NMFS 

projects that a territorial catch or 

allocation limit will be reached, NMFS 

will, as an accountability measure, 

prohibit the catch and retention of 

longline-caught bigeye tuna by vessels 

in the applicable territory (territorial 

catch limit), and/or vessels in a 

specified fishing agreement (allocation 

limit). 

You may find additional background 

information on this action in the 

preamble to the proposed specifications 

published on August 31, 2017 (82 FR 

41388). 

Comments and Responses 

On August 31, 2017, NMFS published 

the proposed specifications and request 

for public comments (82 FR 41388); the 

comment period closed on September 

15, 2017. 


nlaroche on DSK9F9SC42PROD with RULES