81 FR 3031 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Greater Amberjack

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 12 (January 20, 2016)

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) (equivalent to the commercial quota) by January 21, 2016. Therefore, NMFS closes the commercial sector for greater amberjack in the South Atlantic EEZ on January 21, 2016, and it will remain closed until the start of the next fishing year on March 1, 2016. This closure is necessary to protect the greater amberjack resource.

[Federal Register Volume 81, Number 12 (Wednesday, January 20, 2016)]
[Rules and Regulations]
[Pages 3031-3032]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00907]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XE397


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 Commercial Accountability Measure 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) (equivalent to the 
commercial quota) by January 21, 2016. Therefore, NMFS closes the 
commercial sector for greater amberjack in the South Atlantic EEZ on 
January 21, 2016, and it will remain closed until the start of the next 
fishing year on March 1, 2016. This closure is necessary to protect the 
greater amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, January 21, 2016, 
until 12:01 a.m., local time, March 1, 2016.

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 quota (equivalent to the commercial ACL) 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 quota 
(commercial ACL) 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 January 21, 2016. 
Accordingly, the commercial sector for South Atlantic greater amberjack 
is closed effective 12:01 a.m., local time, January 21, 2016, until 
12:01 a.m., local time, March 1, 2016.
    The operator of a vessel with a valid 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, January 21, 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, 
January 21, 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 for which a Federal commercial or 
charter vessel/headboat permit for the South Atlantic snapper-grouper 
fishery has been issued, the bag and possession limits and the sale and 
purchase provisions of the commercial closure for greater amberjack 
would 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 Fisheries, NOAA (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 rule 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 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).

[[Page 3032]]

    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: January 13, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-00907 Filed 1-15-16; 11:15 am]
BILLING CODE 3510-22-P