[Federal Register Volume 79, Number 78 (Wednesday, April 23, 2014)]
[Rules and Regulations]
[Pages 22594-22595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09260]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1206013412-2517-02]
RIN 0648-XD230
Reef Fish Fishery of the Gulf of Mexico; 2014 Recreational
Accountability Measure for Greater Amberjack in the Gulf of Mexico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; accountability measure.
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SUMMARY: NMFS implements an accountability measure (AM) for
recreational greater amberjack in the Gulf of Mexico (Gulf) reef fish
fishery for the 2014 fishing year through this temporary final rule.
This rule reduces the Gulf greater amberjack 2014 recreational annual
catch target (ACT) (equal to the recreational quota) to 862,512 lb
(391,229 kg) and reduces the 2014 recreational annual catch limit (ACL)
to 1,031,512 lb (467,886 kg), based on the 2013 recreational ACL
overage. These actions are necessary to reduce overfishing of the Gulf
greater amberjack resource.
DATES: This rule is effective April 23, 2014, through December 31,
2014.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional
Office, telephone 727-824-5305, email [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which
includes greater amberjack, is managed under the Fishery Management
Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP
was prepared by the Council and is implemented through regulations at
50 CFR part 622 under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). All
[[Page 22595]]
weights specified in this rule are round weight.
The Gulf greater amberjack recreational ACL is 1,299,000 lb
(589,216 kg), and the recreational ACT (recreational quota) is
1,130,000 lb (512,559 kg), as specified in 50 CFR 622.41(a)(2)(iii) and
50 CFR 622.39(a)(2)(ii), respectively.
In accordance with regulations at 50 CFR 622.41(a)(2)(ii), if
landings exceed the recreational ACL, then during the following fishing
year, both the recreational ACT (recreational quota) and the
recreational ACL will be reduced by the amount of the prior year's
recreational ACL overage.
NMFS determined that the 2013 recreational landings were 1,566,488
lb (710,547 kg), which exceeded the 2013 recreational ACL of 1,299,000
lb (589,216 kg) by 267,488 lb (121,331 kg). Therefore, NMFS implements
a post-season AM for recreational greater amberjack in the Gulf for the
2014 fishing year through this temporary rule. The reduced 2014
recreational ACT (recreational quota) for Gulf greater amberjack is
862,512 lb (391,229 kg) (i.e., 1,130,000-lb (512,559-kg) recreational
ACT minus the overage of 267,488 lb (121,331 kg)). The reduced 2014
recreational ACL for Gulf greater amberjack is 1,031,512 lb (467,886
kg) (i.e., 1,299,000-lb (589,216-kg) recreational ACL minus the overage
of 267,488 lb (121,331 kg)).
The 2015 recreational ACT (recreational quota) for greater
amberjack will return to 1,130,000 lb (512,559 kg), as specified at 50
CFR 622.39(a)(2)(ii), and the recreational ACL for greater amberjack
will return to 1,299,000 lb (589,216 kg), as specified in 50 CFR
622.41(a)(2)(iii), unless AMs are implemented due to a recreational ACL
overage, or the Council takes subsequent regulatory action to adjust
the recreational ACT (recreational quota) and recreational ACL.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Gulf greater amberjack and is consistent with the Magnuson-Stevens Act
and other applicable laws.
This action is taken under 50 CFR 622.41(a)(2)(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.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule. Such procedures are unnecessary because the AMs
established by Amendment 35 to the FMP (77 FR 67574, November 13, 2013)
and located at 50 CFR 622.41(a)(2)(ii) authorize the Assistant
Administrator, NMFS, to file a notification with the Office of the
Federal Register to reduce the recreational ACT (recreational quota)
and recreational ACL the following fishing year when the recreational
ACL is exceeded. The proposed rule for Amendment 35 (77 FR 42476, July
19, 2012) was already subject to notice and comment and all that
remains is to notify the public of the 2014 recreational ACT
(recreational quota) and recreational ACL for Gulf greater amberjack.
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 greater amberjack resource. Any
delay in notification of the public of the 2014 recreational ACT
(recreational quota) and recreational ACL could result in the
recreational ACT or ACL for greater amberjack being exceeded, which, in
turn, would trigger an in-season AM in 2014 or post-season AMs in 2015
for greater amberjack, respectively.
For the aforementioned reasons, the Assistant Administrator, NMFS,
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: April 18, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-09260 Filed 4-22-14; 8:45 am]
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