[Federal Register Volume 84, Number 217 (Friday, November 8, 2019)]
[Rules and Regulations]
[Pages 60344-60345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24410]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 130312235-3658-02; RTID 0648-XS015]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Resources of the South Atlantic; Vermilion Snapper Trip
Limit Reduction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; trip limit reduction.
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SUMMARY: NMFS reduces the commercial trip limit for vermilion snapper
in or from the exclusive economic zone (EEZ) of the South Atlantic to
500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. This
trip limit reduction is necessary to protect the South Atlantic
vermilion snapper resource.
DATES: This rule is effective 12:01 a.m., local time, November 11,
2019, until 12:01 a.m., local time, January 1, 2020.
FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in 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 South Atlantic Fishery Management Council prepared
the FMP. The FMP is implemented by NMFS 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 seasons, January through
June, and July through December. For the July 1 through December 31,
2019, fishing season, the commercial quota is 483,658 lb (219,384 kg),
gutted weight; 536,860 lb (243,516 kg), round weight (50 CFR
622.190(a)(4)(ii)(A)). As specified in 50 CFR 622.190(a)(4)(iii), any
unused portion of the commercial quota from the January through June
2019, fishing season will be added to the commercial quota for the July
through December 2019, fishing season. The unused portion of the quota
that was not harvested by the commercial sector during the January
through June fishing season, totaled 25,645 lb (11,632 kg) gutted
weight, 28,466 lb (12,912 kg), round weight, and was added to the July
through December 2019 quota. This resulted in an adjusted commercial
quota, for the July through December 2019 fishing season, of 509,303 lb
(231,015 kg), gutted weight, 565,326 lb (256,428 kg), round weight.
Under 50 CFR 622.191(a)(6)(ii), NMFS is required to reduce the
commercial trip limit for vermilion snapper from 1,000 lb (454 kg),
gutted weight, 1,110 lb (503 kg), round weight, to 500 lb (227 kg),
gutted weight, 555 lb (252 kg), round weight, when 75 percent of the
fishing season commercial quota is reached or projected to be reached,
by filing a notification to that effect with the Office of the Federal
Register. Based on current landings information, NMFS has determined
that 75 percent of the available adjusted commercial quota for the July
through December 2019 fishing season for vermilion snapper will be
reached by November 11, 2019. Accordingly, NMFS is reducing the
commercial trip limit for vermilion snapper to 500 lb (227 kg), gutted
weight, 555 lb (252 kg), round weight, in or from the South Atlantic
EEZ at 12:01 a.m., local time, on November 11, 2019. This reduced
commercial trip limit will remain in effect until the start of the next
commercial fishing season on January 1, 2020, or until the adjusted
commercial quota is reached and the commercial sector closes, whichever
occurs first.
[[Page 60345]]
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
South Atlantic vermilion snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.191(a)(6)(ii) 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 scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to immediately implement this commercial trip limit reduction
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), because prior notice and opportunity for
public comment on this temporary rule is unnecessary and contrary to
the public interest. Such procedures are unnecessary, because the rule
establishing the trip limit has already been subject to notice and
comment, and all that remains is to notify the public of the trip limit
reduction. Prior notice and opportunity for public comment is contrary
to the public interest, because any delay in reducing the commercial
trip limit could result in the commercial quota being exceeded. There
is a need to immediately implement this action to protect the vermilion
snapper resource, since the capacity of the fishing fleet allows for
rapid harvest of the commercial quota. Prior notice and opportunity for
public comment on this action would require time and increase the
probability that the commercial sector could exceed its 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 5, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-24410 Filed 11-5-19; 4:15 pm]
BILLING CODE 3510-22-P