Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2013 Commercial Accountability Measure and Closure for South Atlantic Vermilion Snapper, 71530-71531 [2013-28648]

Download as PDF sroberts on DSK5SPTVN1PROD with RULES 71530 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations it will remain closed through December 31, 2013. This closure is necessary to protect the red porgy 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: Catherine.Hayslip@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes red porgy 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 (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The commercial ACL (commercial quota) for red porgy in the South Atlantic is 147,115 lb (66,730 kg), gutted weight, for the current 2013 fishing year, as specified in 50 CFR 622.190(a)(6)(i). In accordance with regulations at 50 CFR 622.193(v)(1)(i), NMFS is required to close the commercial sector for red porgy when its 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 red porgy for the 2013 fishing year will have been reached by December 2, 2013. Commercial harvest or possession of red porgy is prohibited during January— April each year. Accordingly, the commercial sector for South Atlantic red porgy is closed effective 12:01 a.m., local time, December 2, 2013, until 12:01 a.m., local time, May 1, 2014. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having red porgy onboard must have landed and bartered, traded, or sold such red porgy prior to 12:01 a.m., local time, December 2, 2013. During the closure, the bag limit specified in 50 CFR 622.187(b)(6) and the possession limits specified in 50 CFR 622.187(c)(2) apply to all harvest or possession of red porgy in or from the South Atlantic EEZ. During the closure, the sale or purchase of red porgy 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 red porgy that were harvested, landed ashore, and sold prior to 12:01 a.m., VerDate Mar<15>2010 20:31 Nov 27, 2013 Jkt 232001 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 red porgy apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). As specified in 50 CFR 622.184(c), during January, February, March, and April, the harvest or possession of red porgy in or from the South Atlantic EEZ is limited to three per person per day or three per person per trip, whichever is more restrictive. In addition, this limitation is applicable in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued without regard to where such red porgy were harvested. Such red porgy are subject to the prohibition on sale or purchase, as specified in § 622.192(f). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic red porgy and is consistent with the MagnusonStevens 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(v)(1)(i) 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 red porgy 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 red porgy since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL (commercial PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 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. 2013–28647 Filed 11–25–13; 4:15 pm] BILLING CODE 3510–22–P 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 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 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: Catherine.Hayslip@noaa.gov. SUMMARY: The snapper-grouper fishery of the South SUPPLEMENTARY INFORMATION: E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES 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 (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 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 VerDate Mar<15>2010 20:31 Nov 27, 2013 Jkt 232001 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. PO 00000 Frm 00097 Fmt 4700 Sfmt 9990 71531 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] BILLING CODE 3510–22–P E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Rules and Regulations]
[Pages 71530-71531]
From the Federal Register Online via the Government Printing 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: Catherine.Hayslip@noaa.gov.

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]
BILLING CODE 3510-22-P