[Federal Register Volume 78, Number 220 (Thursday, November 14, 2013)]
[Rules and Regulations]
[Pages 68372-68373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27242]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XC871
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2013 Commercial Accountability Measure and Closure for South Atlantic
Blue Runner
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 blue runner in the exclusive economic zone (EEZ)
of the South Atlantic. Commercial landings for blue runner, as
estimated by the Science and Research Director, are projected to reach
the commercial annual catch limit (ACL) on November 14, 2013.
Therefore, NMFS closes the commercial sector for blue runner on
November 14, 2013, at 12:01 a.m., local time, for the remainder of the
2013 fishing year, through December 31, 2013. This action is necessary
to protect the blue runner resource in the South Atlantic.
DATES: This rule is effective 12:01 a.m., local time, November 14,
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 includes blue runner 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 for blue runner in the South Atlantic is 177,506
lb (80,515 kg), round weight, as specified in 50 CFR 622.193(s)(1)(i).
In accordance with regulations at 50 CFR 622.193(s)(1)(i), NMFS is
required to close the commercial sector for blue runner when the
commercial ACL for blue runner 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 for South
Atlantic blue runner is projected to be reached on November 14, 2013.
Accordingly, the commercial sector for South Atlantic blue runner is
closed effective 12:01 a.m., local time, November 14, 2013, until 12:01
a.m., local time, January 1, 2014.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having blue runner onboard must have
landed and bartered, traded, or sold such blue runner prior to 12:01
a.m., local time, November 14, 2013. During this commercial closure,
the sale or purchase and harvest or possession of blue runner taken
from the EEZ is prohibited. In accordance with regulations at 50 CFR
622.193(s)(1)(i), 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 bag and possession limit
for blue runner would apply regardless of where the fish are harvested,
i.e., in state or Federal waters.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
South Atlantic blue runner and is consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR 622.193(s)(1)(i) 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 blue runner 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
blue runner resource. The capacity of the fishing fleet allows for
rapid harvest of the ACL and prior notice and opportunity for public
comment would 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.
[[Page 68373]]
Dated: November 8, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-27242 Filed 11-8-13; 4:15 pm]
BILLING CODE 3510-22-P