Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper, 9848-9849 [2013-03199]

Download as PDF 9848 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations Issued in Washington, DC on February 6, 2013 Joseph C. Szabo, Administrator. [FR Doc. 2013–03208 Filed 2–11–13; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 040205043–4043–01] RIN 0648–XC468 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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 January 1 through June 30, 2013 fishing period on February 13, 2013. Therefore, NMFS closes the commercial sector for vermilion snapper in the South Atlantic EEZ on February 13, 2013, and it will remain closed until the start of the July 1 through December 31, 2013, fishing period. This closure is necessary to protect the vermilion snapper resource. DATES: This rule is effective 12:01 a.m., local time, February 13, 2013, until 12:01 a.m., local time, July 1, 2013. FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727–824– 5305, email: Catherine.Hayslip@noaa.gov. SUMMARY: 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 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act pmangrum on DSK3VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:05 Feb 11, 2013 Jkt 229001 (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, 6month time periods, and is 315,523 lb (143,119 kg), gutted weight, for the current fishing period, January 1 through June 30, 2013, as specified in 50 CFR 622.42(e)(4)(i). In accordance with regulations at 50 CFR 622.49(b)(6)(i), 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 January-June fishing period will have been reached by February 13, 2013. Accordingly, the commercial sector for South Atlantic vermilion snapper is closed effective 12:01 a.m., local time, February 13, 2013, until 12:01 a.m., local time, July 1, 2013. The commercial ACL (commercial quota) for vermilion snapper in the South Atlantic is 302,523 lb (137,222 kg), gutted weight, for the July 1 through December 31, 2013, fishing period, as specified in 50 CFR 622.42(e)(4)(ii). 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, February 13, 2013. During the closure, the bag limit specified in 50 CFR 622.39(d)(1)(v), 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 622.39(d)(2) 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. 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, February 13, 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 PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 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 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. 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 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). 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. E:\FR\FM\12FER1.SGM 12FER1 Federal Register / Vol. 78, No. 29 / Tuesday, February 12, 2013 / Rules and Regulations Dated: February 7, 2013. Kara Meckley, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–03199 Filed 2–7–13; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 111220786–1781–01] RIN 0648–XC451 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS announces that the State of North Carolina is retroactively transferring a portion of its 2012 commercial summer flounder quota to the Commonwealth of Virginia. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved. DATES: This rule is effective February 12, 2013. The quota transfer is applicable December 1, 2012, through December 31, 2012. FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management Specialist, 978–281–9224. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are in 50 CFR part 648, and require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.102. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider the criteria in § 648.102(c)(2)(i) to pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:05 Feb 11, 2013 Jkt 229001 evaluate requests for quota transfers or combinations. North Carolina has agreed to transfer 100,037 lb (45,376 kg) of its 2012 commercial quota to Virginia. This transfer was prompted by summer flounder landings of a number of North Carolina vessels that were granted safe harbor in Virginia due to mechanical failures and hazardous weather, between December 1, 2012, and December 31, 2012, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina quota. The Regional Administrator has determined that the criteria set forth in § 648.102(c)(2)(i) have been met. The revised summer flounder quotas for calendar year 2012 are: North Carolina, 1,567,401 lb (710,961 kg); and Virginia, 4,804,130 lb (2,179,117 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: February 7, 2013. Kara Meckley, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–03202 Filed 2–11–13; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 111207737–2141–02] RIN 0648–XC493 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: NMFS is opening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA). This action is necessary to fully use the 2013 total allowable catch of pollock in Statistical Area 630 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 8, 2013, through 1200 hrs, A.l.t., March 10, 2013. Comments must be received at the SUMMARY: PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 9849 following address no later than 4:30 p.m., A.l.t., February 22, 2013. ADDRESSES: You may submit comments on this document, identified by FDMS Docket Number NOAA–NMFS–2013– 0032 by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130032, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802–1668. • Fax: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Fax comments to 907– 586–7557. • Hand delivery to the Federal Building: Address written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Deliver comments to 709 West 9th Street, Room 420A, Juneau, AK. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance E:\FR\FM\12FER1.SGM 12FER1

Agencies

[Federal Register Volume 78, Number 29 (Tuesday, February 12, 2013)]
[Rules and Regulations]
[Pages 9848-9849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-03199]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XC468


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.

-----------------------------------------------------------------------

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 January 1 through 
June 30, 2013 fishing period on February 13, 2013. Therefore, NMFS 
closes the commercial sector for vermilion snapper in the South 
Atlantic EEZ on February 13, 2013, and it will remain closed until the 
start of the July 1 through December 31, 2013, fishing period. This 
closure is necessary to protect the vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, February 13, 
2013, until 12:01 a.m., local time, July 1, 2013.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: Catherine.Hayslip@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 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 
315,523 lb (143,119 kg), gutted weight, for the current fishing period, 
January 1 through June 30, 2013, as specified in 50 CFR 
622.42(e)(4)(i).
    In accordance with regulations at 50 CFR 622.49(b)(6)(i), 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 January-June fishing period will 
have been reached by February 13, 2013. Accordingly, the commercial 
sector for South Atlantic vermilion snapper is closed effective 12:01 
a.m., local time, February 13, 2013, until 12:01 a.m., local time, July 
1, 2013. The commercial ACL (commercial quota) for vermilion snapper in 
the South Atlantic is 302,523 lb (137,222 kg), gutted weight, for the 
July 1 through December 31, 2013, fishing period, as specified in 50 
CFR 622.42(e)(4)(ii).
    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, February 13, 2013. During the closure, the 
bag limit specified in 50 CFR 622.39(d)(1)(v), 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 622.39(d)(2) 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. 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, 
February 13, 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 622.43(a)(5)(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.
    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 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).
    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.


[[Page 9849]]


    Dated: February 7, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-03199 Filed 2-7-13; 4:15 pm]
BILLING CODE 3510-22-P
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