[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Rules and Regulations]
[Pages 23205-23206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10035]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 040205043-4043-01]
RIN 0648-XA360
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; Reopening of the
Commercial Sector for Vermilion Snapper in the South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
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SUMMARY: NMFS reopens the commercial sector for South Atlantic
vermilion snapper in the exclusive economic zone (EEZ). NMFS previously
determined the quota for the commercial sector would be reached by
March 10, 2011, and closed the commercial sector for vermilion snapper
in the South Atlantic. The latest estimates for landings indicate the
quota was not reached by that date. Consequently, NMFS will reopen the
commercial sector for 7 days. The purpose of this action is to allow
the commercial sector to maximize harvest benefits and at the same time
protect the vermilion snapper resource.
DATES: The reopening is effective 12:01 a.m., local time, May 1, 2011,
until 12:01 a.m., local time, on May 8, 2011. The commercial sector
will then be closed until the end of the current fishing period, 12:01
a.m., local time, July 1, 2011.
FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727-824-
5305, fax 727-824-5308, e-mail [email protected].
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 (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 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, 2011, as specified in 50 CFR 622.42(e)(4)(i).
[[Page 23206]]
Under 50 CFR 622.43(a)(5), NMFS is required to close the commercial
sector for a species or species group when the quota for that species
or species group is reached, or is projected to be reached, by filing a
notification to that effect with the Office of the Federal Register.
NMFS projected the commercial sector for vermilion snapper in the South
Atlantic would reach the quota on, or before, March 10, 2011, and
closed the commercial sector on that date (76 FR 12883, March 9, 2011).
However, based on current statistics, NMFS has determined that only 83
percent of the available commercial quota was landed by that date.
Based on daily landings rates and the pounds remaining on the quota
(approximately 53,120 lb (24,095 kg)), NMFS has determined the
commercial sector can reopen for 7 days. Accordingly, NMFS is reopening
the commercial sector for vermilion snapper in the South Atlantic from
12:01 a.m., local time, on May 1, 2011, until 12:01 a.m., local time,
on May 8, 2011. The commercial sector will then be closed until 12:01
a.m., local time, July 1, 2011. May 1, 2011, was chosen as the
reopening day for the commercial sector based on feedback from the
fishing industry and expected weather conditions, which indicated that
this was the best time to reopen.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper may not fish for or retain vermilion
snapper in the South Atlantic prior to 12:01 a.m., local time, May 1,
2011, and must have landed and bartered, traded, or sold such vermilion
snapper prior to 12:01 a.m., local time, May 8, 2011.
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, May 8, 2011,
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 commercial sector. The Assistant Administrator for
Fisheries, NOAA, (AA), finds good cause to waive the requirement to
provide prior notice and opportunity for public comment pursuant to the
authority set forth at 5 U.S.C. 553(b)(B). Allowing prior notice and
opportunity for public comment on the reopening is unnecessary because
the rule establishing the January 1 through June 30 quota has already
been subject to notice and comment, and all that remains is to notify
the public that additional harvest is available under the established
quota and, therefore, the commercial sector will reopen for a limited
time period.
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(c) and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 21, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-10035 Filed 4-21-11; 4:15 pm]
BILLING CODE 3510-22-P