[Federal Register Volume 78, Number 117 (Tuesday, June 18, 2013)]
[Rules and Regulations]
[Pages 36444-36445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14476]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XC714
Snapper-Grouper Fishery of the South Atlantic; 2013 Commercial
Accountability Measure and Closure for the South Atlantic Lesser
Amberjack, Almaco Jack, and Banded Rudderfish Complex
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 the lesser amberjack, almaco jack, and banded
rudderfish complex in the South Atlantic for the 2013 fishing year
through this temporary rule. Commercial landings for the lesser
amberjack, almaco jack, and banded rudderfish complex, as estimated by
the Science and Research Director (SRD), have reached their combined
commercial annual catch limit (ACL) at this time. Therefore, NMFS
closes the commercial sector for this complex on June 18, 2013, through
the remainder of the fishing year in the exclusive economic zone (EEZ)
of the South Atlantic. This closure is necessary to protect the lesser
amberjack, almaco jack, and banded rudderfish resources.
DATES: This rule is effective 12:01 a.m., local time, June 18, 2013,
until 12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes the lesser amberjack, almaco jack, and banded
rudderfish complex, 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 combined commercial ACL for the lesser amberjack, almaco jack,
and banded rudderfish complex is 193,999 lb (87,996 kg), round weight.
Under 50 CFR 622.193(l)(1), NMFS is required to close the commercial
sector for the lesser amberjack, almaco jack, and banded rudderfish
complex when the commercial ACL 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 sector for
this complex has reached the ACL. Therefore, this temporary rule
implements an AM to close the commercial sector for the lesser
amberjack, almaco jack, and banded rudderfish complex in the South
Atlantic, effective 12:01 a.m., local time June 18, 2013.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having lesser amberjack, almaco jack, or
banded rudderfish onboard must have landed and bartered, traded, or
sold such species prior to 12:01 a.m., local time, June 18, 2013.
During the closure, the bag limit specified in 50 CFR 622.187(b)(8),
applies to all harvest or possession of lesser amberjack, almaco jack,
or banded rudderfish in or from the South Atlantic EEZ. During the
closure, the possession limits specified in 50 CFR 622.187(c), apply to
all harvest or possession of lesser amberjack, almaco jack, or banded
rudderfish in or from the South Atlantic EEZ. These bag and possession
limits apply 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 species
were harvested, i.e., in state or Federal waters. During the closure,
the sale or purchase of lesser amberjack, almaco jack, or banded
rudderfish taken from the EEZ is prohibited. The prohibition on sale or
purchase does not apply to the sale or purchase of lesser amberjack,
almaco jack, or banded rudderfish that were harvested, landed ashore,
and sold prior to 12:01 a.m., local time, June 18, 2013, and were held
in cold storage by a dealer or processor.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the lesser amberjack, almaco jack, and banded rudderfish complex, a
component of the South Atlantic snapper-grouper fishery, and is
consistent with the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(l)(1) and is exempt from
review under Executive Order 12866.
[[Page 36445]]
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 the lesser amberjack,
almaco jack, and banded rudderfish complex 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 the lesser amberjack, almaco jack, and
banded rudderfish complex because the capacity of the fishing fleet
allows for rapid harvest of the ACL. 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.
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: June 13, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-14476 Filed 6-13-13; 4:15 pm]
BILLING CODE 3510-22-P