Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Closure, 11068 [2010-5128]

Download as PDF 11068 Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 040205043–4043–01] RIN 0648–XU86 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; Closure AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the commercial fishery for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the vermilion snapper resource. DATES: This rule is effective 12:01 a.m., local time, March 19, 2010, through June 30, 2010. FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727–824– 5305, fax 727–824–5308, e-mail Catherine.Bruger@noaa.gov. The snapper-grouper fishery of the South Atlantic 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 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act by regulations at 50 CFR part 622. The commercial quota for vermilion snapper in the South Atlantic is 315,523 lb (143,119 kg) for the current fishing period, January 1 through June 30, 2010, as specified in 50 CFR 622.42(e)(4)(ii). Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for vermilion snapper when its 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 quota for South Atlantic vermilion snapper will be reached by March 19, 2010. Accordingly, the commercial fishery for South Atlantic vermilion snapper is closed effective 12:01 a.m., local time, March 19, 2010, through June 30, 2010. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having erowe on DSK5CLS3C1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 15:01 Mar 09, 2010 Jkt 220001 vermilion snapper onboard must have landed and bartered, traded, or sold such vermilion snapper prior to 12:01 a.m., local time, March 19, 2010. During the closure, the bag limit and possession limits specified in 50 CFR 622.39(d)(1)(v) and (d)(2), respectively, apply to all harvest or possession of vermilion snapper in or from the South Atlantic EEZ, and the sale or purchase of vermilion snapper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to sale or purchase of vermilion snapper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, March 19, 2010, 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 snappergrouper 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 622.43(a)(5)(ii). Classification This action responds to the best available 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 fishery 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 the fishery 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 potentially result in a harvest well in excess of the established 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). This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 Dated: March 5, 2010. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–5128 Filed 3–5–10; 4:15 pm] BILLING CODE S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 0912281446–0111–02] RIN 0648–XT32 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. SUMMARY: NMFS issues this final rule to implement the annual harvest guideline (HG) and seasonal allocations for Pacific sardine in the U.S. exclusive economic zone (EEZ) off the Pacific coast for the fishing season of January 1, 2010, through December 31, 2010. These specifications have been determined according to the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). This rule is intended to conserve and manage Pacific sardine off the West Coast. DATES: Effective March 10, 2010 through December 31, 2010. ADDRESSES: Copies of the report ‘‘Assessment of Pacific Sardine Stock for U.S. Management in 2010’’ may be obtained from the Southwest Regional Office (see the Mailing address above). FOR FURTHER INFORMATION CONTACT: Joshua Lindsay, Southwest Region, NMFS, (562) 980–4034. SUPPLEMENTARY INFORMATION: The CPS FMP, which was implemented by publication of the final rule in the Federal Register on December 15, 1999 (64 FR 69888), divides management unit species into two categories: actively managed and monitored. Harvest guidelines for actively managed species (Pacific sardine and Pacific mackerel) are based on formulas applied to current biomass estimates. Biomass estimates are not calculated for species that are only monitored (jack mackerel, northern anchovy, and market squid). During public meetings each year, the biomass for each actively managed species within the CPS FMP is E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Rules and Regulations]
[Page 11068]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5128]



[[Page 11068]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XU86


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Closure

AGENCY:  National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION:  Temporary rule; closure.

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SUMMARY:  NMFS closes the commercial fishery for vermilion snapper in 
the exclusive economic zone (EEZ) of the South Atlantic. This closure 
is necessary to protect the vermilion snapper resource.

DATES:  This rule is effective 12:01 a.m., local time, March 19, 2010, 
through June 30, 2010.

FOR FURTHER INFORMATION CONTACT:  Catherine Bruger, telephone 727-824-
5305, fax 727-824-5308, e-mail Catherine.Bruger@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic 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 quota for vermilion snapper in the South Atlantic is 
315,523 lb (143,119 kg) for the current fishing period, January 1 
through June 30, 2010, as specified in 50 CFR 622.42(e)(4)(ii).
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for vermilion snapper when its 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 quota for South Atlantic vermilion snapper will be reached 
by March 19, 2010. Accordingly, the commercial fishery for South 
Atlantic vermilion snapper is closed effective 12:01 a.m., local time, 
March 19, 2010, through June 30, 2010.
    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, March 19, 2010. During the closure, the bag 
limit and possession limits specified in 50 CFR 622.39(d)(1)(v) and 
(d)(2), respectively, apply to all harvest or possession of vermilion 
snapper in or from the South Atlantic EEZ, and the sale or purchase of 
vermilion snapper taken from the EEZ is prohibited. The prohibition on 
sale or purchase does not apply to sale or purchase of vermilion 
snapper that were harvested, landed ashore, and sold prior to 12:01 
a.m., local time, March 19, 2010, 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 622.43(a)(5)(ii).

Classification

    This action responds to the best available 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 fishery 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 the fishery 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 potentially 
result in a harvest well in excess of the established 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).
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: March 5, 2010.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-5128 Filed 3-5-10; 4:15 pm]
BILLING CODE S
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