[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]
[Rules and Regulations]
[Page 67215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23587]
[[Page 67215]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100812345-2142-03]
RIN 0648-XE896
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2016 Commercial Accountability Measures and Closure for South Atlantic
Greater Amberjack
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 commercial
greater amberjack in the exclusive economic zone (EEZ) of the South
Atlantic. NMFS projects commercial landings of greater amberjack will
reach the commercial annual catch limit (ACL) by October 4, 2016.
Therefore, NMFS closes the commercial sector for greater amberjack in
the South Atlantic EEZ on October 4, 2016, and it will remain closed
until the start of the next fishing year on March 1, 2017. This closure
is necessary to protect the greater amberjack resource.
DATES: This rule is effective at 12:01 a.m., local time, October 4,
2016, until 12:01 a.m., local time, March 1, 2017.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes greater amberjack 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 by NMFS 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 greater amberjack is equivalent to the
commercial quota. The commercial quota for greater amberjack in the
South Atlantic is 769,388 lb (348,989 kg), gutted weight, as specified
in 50 CFR 622.190(a)(3).
Under 50 CFR 622.193(k)(1), NMFS is required to close the
commercial sector for greater amberjack when the commercial ACL
(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 projects that commercial landings of South Atlantic greater
amberjack will reach the commercial ACL by October 4, 2016.
Accordingly, the commercial sector for South Atlantic greater amberjack
is closed effective at 12:01 a.m., local time, October 4, 2016, until
12:01 a.m., local time, March 1, 2017.
The operator of a vessel with a valid Federal commercial vessel
permit for South Atlantic snapper-grouper with greater amberjack on
board must have landed and bartered, traded, or sold such greater
amberjack prior to 12:01 a.m., local time, October 4, 2016. During the
commercial closure, harvest and possession of greater amberjack in or
from the South Atlantic EEZ is limited to the bag and possession
limits, as specified in Sec. 622.187(b)(1) and (c)(1). Also during the
commercial closure, the sale or purchase of greater amberjack taken
from the South Atlantic 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, October 4, 2016, and were held in cold storage by a dealer or
processor, as specified in Sec. 622.190(c)(1)(i).
For a person on board a vessel issued a valid Federal commercial or
charter vessel/headboat permit for the South Atlantic snapper-grouper
fishery, the bag and possession limits and the sale and purchase
provisions of the commercial closure for greater amberjack apply
regardless of whether the fish are harvested in state or Federal
waters, as specified in 50 CFR 622.190(c)(1)(ii).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
greater amberjack and 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(k)(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 scientific information available.
The Assistant Administrator for NOAA Fisheries (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 are
unnecessary because the AMs have already been subject to notice and
comment, and all that remains is to notify the public of the closure.
Such procedures are contrary to the public interest because of the need
to immediately implement this action to protect greater amberjack since
the capacity of the fishing fleet allows for rapid harvest of the
commercial ACL (commercial quota). 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 (commercial
quota).
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: September 26, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-23587 Filed 9-29-16; 8:45 am]
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