[Federal Register Volume 82, Number 118 (Wednesday, June 21, 2017)]
[Rules and Regulations]
[Pages 28255-28256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12969]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 0907271173-0629-03]
RIN 0648-XF492
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2017 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. NMFS projects commercial landings for snowy grouper will
reach the commercial annual catch limit (ACL) by June 22, 2017.
Therefore, NMFS closes the commercial sector for snowy grouper in the
South Atlantic EEZ on June 22, 2017, and it will remain closed until
the start of the next fishing season on January 1, 2018. This closure
is necessary to protect the snowy grouper resource.
DATES: This rule is effective 12:01 a.m., local time, June 22, 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: [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 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 (commercial quota) for snowy grouper in the
South Atlantic is 135,380 lb (61,407 kg), gutted weight, 159,749 lb
(72,461 kg), round weight, for the current fishing year, January 1
through December 31, 2017, as specified in 50 CFR 622.190(a)(1)(iii).
Under 50 CFR 622.193(b)(1)(i), NMFS is required to close the
commercial sector for snowy grouper for the remainder of the fishing
year when the 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 snowy grouper, as estimated by the Science and Research
Director, will reach the commercial quota by June 22, 2017.
Accordingly, the commercial sector for South Atlantic snowy grouper is
closed effective 12:01 a.m., local time, June 22, 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 having snowy grouper on board must have
landed and bartered, traded, or sold such snowy grouper prior to 12:01
a.m., local time, June 22, 2017. During the commercial closure, harvest
and possession of snowy grouper in or from the South Atlantic EEZ is
limited to the bag and possession limits, which are specified in Sec.
622.187(b)(2)(ii) and (c)(1). 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, June 22, 2017, and were held in cold storage by
a dealer or processor, as specified in Sec. 622.190(c)(1)(i).
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 limits and the sale and
purchase provisions of the commercial closure for 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 and other applicable laws.
This action is taken under 50 CFR 622.193(b)(1)(i) 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
[[Page 28256]]
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 are
unnecessary because the rule under which the action is taken has 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 snowy grouper 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 would potentially 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: June 16, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-12969 Filed 6-16-17; 4:15 pm]
BILLING CODE 3510-22-P