[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Page 72996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28745]
[[Page 72996]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120815345-3525-02]
RIN 0648-XD388
Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial
Accountability Measure and Closure for the South Atlantic Porgy Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for the
commercial porgy complex in the U.S. exclusive economic zone (EEZ) of
the South Atlantic. In the South Atlantic, the porgy complex includes
jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye
porgy. Commercial landings for the porgy complex, as estimated by the
Science and Research Director (SRD), are projected to reach the
commercial annual catch limit (ACL) on December 6, 2014. Therefore,
NMFS closes the commercial sector for the porgy complex in the South
Atlantic EEZ on December 9, 2014, and it will remain closed until the
start of the next fishing year, January 1, 2015. This closure is
necessary to protect the porgy complex resource.
DATES: This rule is effective 12:01 a.m., local time, December 9, 2014,
until 12:01 a.m., local time, January 1, 2015.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes the porgy complex (jolthead porgy, knobbed
porgy, whitebone porgy, scup, and saucereye porgy), is managed under
the Fishery Management Plan for Snapper-Grouper Fishery of the South
Atlantic Region (Snapper-Grouper FMP). The Snapper-Grouper 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 AM at 50 CFR 622.193(w)(1)(i) requires the Assistant
Administrator for Fisheries, NOAA (AA), to file a notification with the
Office of the Federal Register to close the commercial sector for the
porgy complex for the remainder of the fishing year when the commercial
ACL is reached or is projected to be reached. The commercial ACL for
the porgy complex is 36,348 lb (16,487 kg), round weight. Based on the
best scientific information available, NMFS has determined that the
commercial ACL will be reached on December 6, 2014. Accordingly, this
temporary rule implements an AM to close the commercial sector for the
porgy complex in the South Atlantic EEZ at 12:01 a.m., local time, on
December 9, 2014.
During the closure, all sale or purchase, and harvest or possession
of jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye
in or from the South Atlantic EEZ is prohibited. The recreational bag
and possession limits for the snapper-grouper fishery, as specified at
50 CFR 622.187(b) and (c), do not apply because NMFS closed the
recreational sector on September 17, 2014 (79 FR 55658). The
recreational bag and possession limits are zero.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the porgy 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(w)(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 scientific information available.
The AA finds good cause to waive the requirements to provide prior
notice and opportunity for public comment, pursuant to the authority
set forth at 5 U.S.C. 553(b)(B), as such prior notice and opportunity
for public comment is unnecessary and contrary to the public interest.
Such procedures are unnecessary and contrary to the public interest
because the AM established by the Comprehensive ACL Amendment and
located at 50 CFR 622.193(w)(1)(i) has already been subject to notice
and comment, and all that remains is to notify the public of the
commercial closure for the porgy complex for the remainder of the 2014
fishing year. Additionally, there is a need to immediately implement
the closure for the porgy complex to prevent further commercial harvest
and prevent the ACL from being exceeded, which will protect the
snapper-grouper resource in the South Atlantic. Prior notice and
opportunity for public comment on this action would be contrary to the
public interest because many of those affected by the closure need as
much time as possible to adjust business plans to account for the
reduced commercial fishing season.
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: December 3, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-28745 Filed 12-4-14; 4:15 pm]
BILLING CODE 3510-22-P