Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper, 47212-47213 [2013-18817]
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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations
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VerDate Mar<15>2010
16:48 Aug 02, 2013
Jkt 229001
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under OMB Control Number 3060–0819,
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revision, please see the 60 day notice
that was published in the Federal
Register on February 25, 2013, 78 FR
12750.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2013–18711 Filed 8–2–13; 8:45 am]
BILLING CODE 6712–01–P
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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–
SUMMARY:
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
5305, email:
Catherine.Hayslip@noaa.gov.
The
snapper-grouper fishery of the South
Atlantic includes snowy grouper 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 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
SUPPLEMENTARY INFORMATION:
E:\FR\FM\05AUR1.SGM
05AUR1
Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations
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).
mstockstill on DSK4VPTVN1PROD with RULES
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 MagnusonStevens 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.
VerDate Mar<15>2010
16:48 Aug 02, 2013
Jkt 229001
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
PO 00000
Frm 00061
Fmt 4700
Sfmt 9990
47213
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]
BILLING CODE 3510–22–P
E:\FR\FM\05AUR1.SGM
05AUR1
]]>Agencies
[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Rules and Regulations]
[Pages 47212-47213]
From the Federal Register Online via the Government Printing 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.
-----------------------------------------------------------------------
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: Catherine.Hayslip@noaa.gov.
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]
BILLING CODE 3510-22-P
