[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Rules and Regulations]
[Pages 50322-50323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23667]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140819686-5999-02]
RIN 0648-XF779
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic; 2017 Recreational
Accountability Measure and Closure for 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 an accountability measure (AM) for the
recreational sector of greater amberjack in the South Atlantic
exclusive economic zone (EEZ) through this temporary rule. NMFS
estimates that recreational landings have reached the recreational
annual catch limit (ACL) for greater amberjack in the South Atlantic.
Therefore, NMFS closes the recreational sector for greater amberjack in
the South Atlantic EEZ for the remainder of the current fishing year
(see DATES). This closure is necessary to protect the greater amberjack
resource in the South Atlantic.
DATES: This rule is effective from 12:01 a.m., local time, October 31,
2017, until 12:01 a.m. local time, on March 1, 2018.
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 (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 recreational ACL for South Atlantic greater amberjack is
1,167,837 lb (529,722 kg), round weight, as specified at 50 CFR
622.193(k)(2)(i). The fishing year for South Atlantic greater amberjack
is from March 1 through the end of February (50 CFR 622.7(d)). Under
the recreational AM at 50 CFR 622.193(k)(2)(i), when landings of the
greater amberjack recreational sector reach, or are projected to reach,
its ACL, NMFS is required to close the recreational sector for greater
amberjack by filing a notification to that effect with the Office of
the Federal Register unless NMFS determines that no closure is
necessary based on the best scientific information available.
NMFS has determined that the recreational ACL has been reached in
the current fishing year of March 1, 2017, through February 28, 2018,
and that a closure is necessary. Therefore, this temporary rule
implements an AM to close the greater amberjack recreational sector in
the South Atlantic for the remainder of the current fishing year. As a
result, the recreational sector for greater amberjack in the South
Atlantic EEZ will close effective at 12:01 a.m., local time October 31,
2017.
On October 18, 2017, NMFS closed the commercial sector of greater
amberjack in the South Atlantic because the sector had reached the
commercial quota (equivalent to the commercial ACL) (82 FR 47640,
October 13, 2017). Because the commercial sector for South Atlantic
greater amberjack has already closed for the remainder of the current
fishing year, all harvest of South Atlantic greater amberjack will end
on October 31, 2017. Both the commercial and recreational sectors for
South Atlantic greater amberjack will reopen on March 1, 2018, the
start of the next fishing year.
During this closure, the bag and possession limits for greater
amberjack in or from the South Atlantic EEZ are zero. The prohibition
on harvest or possession of greater amberjack applies on board a vessel
for which a valid Federal commercial or charter vessel/headboat permit
for South Atlantic
[[Page 50323]]
snapper-grouper has been issued, without regard to where the greater
amberjack was harvested or possessed, i.e., in state or Federal waters.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of South Atlantic greater amberjack and is consistent with
the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(k)(2)(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 Assistant Administrator for NOAA Fisheries (AA) finds that the need
to immediately implement this action to close the recreational sector
for greater amberjack constitutes good cause to waive the requirements
to provide prior notice and opportunity for public comment on this
temporary rule pursuant to the authority set forth in 5 U.S.C.
553(b)(B), because such procedures are unnecessary and contrary to the
public interest. Such procedures are unnecessary because the rule
implementing the AM itself has 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 South Atlantic greater
amberjack. Prior notice and opportunity for public comment would
require time and would potentially allow the recreational sector to
exceed the recreational 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.
Dated: October 26, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-23667 Filed 10-26-17; 4:15 pm]
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