[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71530-71531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28648]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130312235-3658-02]
RIN 0648-XC984
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 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.
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SUMMARY: NMFS implements accountability measures (AMs) for the
commercial sector for vermilion snapper in the exclusive economic zone
(EEZ) of the South Atlantic. Commercial landings for vermilion snapper,
as estimated by the Science Research Director (SRD), are projected to
reach the commercial annual catch limit (ACL) for the July 1 through
December 31, 2013, fishing period on December 2, 2013. Therefore, NMFS
closes the commercial sector for vermilion snapper in the South
Atlantic EEZ on December 2, 2013, and it will remain closed until the
start of the January 1 through June 30, 2014, fishing period. This
closure is necessary to protect the vermilion snapper resource.
DATES: This rule is effective 12:01 a.m., local time, December 2, 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
[[Page 71531]]
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 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 into two, 6-month time periods, and is
420,252 lb (190,623 kg), gutted weight, for the current fishing period,
July 1 through December 31, 2013, as specified in 50 CFR
622.190(a)(4)(ii)(A).
In accordance with regulations at 50 CFR 622.193(f)(1), NMFS is
required to close the commercial sector for vermilion snapper when its
commercial ACL (commercial quota) for that portion of the fishing year
applicable to the respective commercial ACL (commercial quota) 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 ACL (commercial quota) for South
Atlantic vermilion snapper for the July-December fishing period will
have been reached by December 2, 2013. Accordingly, the commercial
sector for South Atlantic vermilion snapper is closed effective 12:01
a.m., local time, December 2, 2013, until 12:01 a.m., local time,
January 1, 2014. The commercial ACL (commercial quota) for vermilion
snapper in the South Atlantic is 401,874 lb (182,287 kg), gutted
weight, for the January 1 through June 30, 2014, fishing period, as
specified in 50 CFR 622.190(a)(4)(i)(B).
The operator of a vessel with a valid commercial vessel permit for
South Atlantic 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, December 2, 2013. During the closure, the
bag limit specified in 50 CFR 622.187(b)(5), applies to all harvest or
possession of vermilion snapper in or from the South Atlantic EEZ,
including the bag limit that may be retained by the captain or crew of
a vessel operating as a charter vessel or headboat. The bag limit for
such captain and crew is zero. During the closure, 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.
During the 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, December 2, 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
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 622.190(c)(1)(ii).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the South Atlantic snapper-grouper fishery and is consistent with the
Magnuson-Stevens Act, the FMP, and other applicable laws.
The temporary rule has been determined to be not significant for
purposes of Executive Order 12866.
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 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 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 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 vermilion snapper since 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 likely
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: November 25, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-28648 Filed 11-27-13; 8:45 am]
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