[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Rules and Regulations]
[Pages 47212-47213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18817]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1206013412-2517-02]
RIN 0648-XC733
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Commercial Accountability Measure and Closure for South Atlantic
Snowy Grouper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements accountability measures (AMs) for commercial
snowy grouper in the exclusive economic zone (EEZ) of the South
Atlantic. Commercial landings for snowy grouper, as estimated by the
Science and Research Director (SRD), are projected to reach the
commercial annual catch limit (ACL) (commercial quota) on August 10,
2013. Therefore, NMFS closes the commercial sector for snowy grouper in
the South Atlantic EEZ on August 10, 2013, and it will remain closed
until the start of the next fishing season, January 1, 2014. This
closure is necessary to protect the snowy grouper resource.
DATES: This rule is effective 12:01 a.m., local time, August 10, 2013,
until 12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes snowy grouper 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 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act by regulations
at 50 CFR part 622.
The commercial ACL (equivalent to the commercial quota) for snowy
grouper in the South Atlantic is 82,900 lb (37,603 kg), gutted weight,
for the current fishing year, January 1 through December 31, 2013, as
specified in 50 CFR 622.190(a)(1).
Under 50 CFR 622.193(b)(1), NMFS is required to close the
commercial sector for snowy grouper 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 has determined that the commercial ACL for South Atlantic snowy
grouper will have been reached by August 10, 2013. Accordingly, the
commercial sector for South Atlantic snowy grouper is closed effective
12:01 a.m., local time, August 10, 2013, until 12:01 a.m., local time,
January 1, 2014.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having snowy grouper onboard must have
landed and bartered, traded, or sold such snowy grouper prior to 12:01
a.m., local time, August 10, 2013. NMFS implemented a closure of the
recreational sector for snowy grouper in the South Atlantic on May 31,
2013 (78 FR 30779, May 23, 2013). During the recreational closure, and
thus, during this commercial closure, the bag and possession limit for
snowy grouper in or from the South Atlantic EEZ is zero. Also during
the commercial closure, the sale or purchase of snowy grouper taken
from the EEZ is prohibited. The prohibition on sale or purchase does
not apply to the sale or purchase of snowy grouper that were harvested,
landed ashore, and sold prior to 12:01 a.m., local time, August 10,
2013, 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 snapper-grouper
fishery has been issued, the bag and possession limit and the sale and
purchase provisions of the commercial closure for
[[Page 47213]]
snowy grouper would 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
snowy grouper and the South Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens Act, the FMP, and other applicable
laws.
This action is taken under 50 CFR 622.193(b)(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 available scientific 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 for snowy grouper
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 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 snowy grouper 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: July 31, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-18817 Filed 7-31-13; 4:15 pm]
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