[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37148-37149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14745]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1206013412-2517-02]
RIN 0648-XC702
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Commercial Accountability Measure and Closure for Gulf of Mexico
Greater Amberjack
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 37149]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements accountability measures (AMs) for commercial
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for
the 2013 fishing year through this temporary final rule. Commercial
landings for greater amberjack, as estimated by the Science and
Research Director (SRD), are projected to reach the commercial ACT
(commercial quota) on July 1, 2013. Therefore, NMFS closes the
commercial sector for greater amberjack in the Gulf on July 1, 2013,
and it will remain closed until the start of the next fishing season,
January 1, 2014. This closure is necessary to protect the Gulf greater
amberjack resource.
DATES: This rule is effective 12:01 a.m., local time, July 1, 2013,
until 12:01 a.m., local time, January 1, 2014.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the
Gulf, which includes greater amberjack, under the Fishery Management
Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico
Fishery Management Council (Council) prepared the FMP and NMFS
implements the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) by regulations
at 50 CFR part 622. All greater amberjack weights discussed in this
temporary rule are in round weight.
The commercial annual catch limit (ACL) for Gulf greater amberjack
is 481,000 lb (218,178 kg), as specified in 50 CFR 622.41(a)(1), and
the commercial ACT (equivalent to the commercial quota) is 409,000 lb
(185,519 kg), as specified in 50 CFR 622.39(a)(1)(v). However, due to
an overage of the commercial ACL in 2012, NMFS implemented AMs to
reduce the commercial ACT and ACL in 2013. The commercial ACT
(commercial quota) was reduced to 338,157 lb (153,385 kg) for 2013 and
the commercial ACL was reduced to 410,157 lb (186,044 kg) for 2013
through a temporary rule (78 FR 13284, February 27, 2013).
Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the
commercial sector for greater amberjack when the commercial ACT
(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 the adjusted 2013 commercial ACT (commercial quota)
will be reached by July 1, 2013. Accordingly, the commercial sector for
Gulf greater amberjack is closed effective 12:01 a.m., local time, July
1, 2013, until 12:01 a.m., local time, January 1, 2014.
The operator of a vessel with a valid commercial vessel permit for
Gulf reef fish having greater amberjack aboard must have landed,
bartered, traded, or sold such greater amberjack prior to 12:01 a.m.,
local time, July 1, 2013. A person aboard a vessel that has a Federal
commercial vessel permit for Gulf reef fish and commercial quantities
of Gulf reef fish, may not possess Gulf reef fish caught under a bag
limit, as specified in 50 CFR 622.38(a)(2). During the commercial
closure, the bag limit specified in 50 CFR 622.38(b)(1), applies to all
harvest or possession of greater amberjack in or from the Gulf 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 commercial closure, the
possession limits specified in 50 CFR 622.38(c), apply to all harvest
or possession of greater amberjack in or from the Gulf EEZ. However,
from June 1 through July 31 each year, the recreational sector for
greater amberjack is also closed, as specified in 50 CFR 622.34(c), and
during this recreational closure, the bag and possession limit for
greater amberjack in or from the Gulf EEZ is zero. During the
commercial closure, the sale or purchase of greater amberjack taken
from the EEZ is prohibited. The prohibition on sale or purchase does
not apply to the sale or purchase of greater amberjack that were
harvested, landed ashore, and sold prior to 12:01 a.m., local time,
July 1, 2013, and were held in cold storage by a dealer or processor.
The 2014 commercial ACT (commercial quota) for greater amberjack
will return to 409,000 lb (185,519 kg), as specified at 50 CFR
622.39(a)(1)(v), and the commercial ACL for greater amberjack will
return to 481,000 lb (218,178 kg), as specified in 50 CFR
622.41(a)(1)(iii), unless AMs are implemented due to a commercial ACL
overage, or the Council takes subsequent regulatory action to adjust
the commercial ACT (commercial quota) and commercial ACL.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the Gulf greater amberjack component of the Gulf reef fish fishery and
is consistent with the Magnuson-Stevens Act, the FMP, and other
applicable laws.
This action is taken under 50 CFR 622.41(a)(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 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 greater amberjack 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.
Additionally, prior notice and opportunity for public comment would
be contrary to the public interest. Given the ability of the commercial
sector to rapidly harvest fishery resources, there is a need to
immediately implement the closure for the remainder of the 2013 fishing
year. Taking time to provide prior notice and opportunity for public
comment creates a higher likelihood of the reduced commercial ACT
(commercial quota) and commercial ACL being exceeded.
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 17, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-14745 Filed 6-17-13; 4:15 pm]
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