81 FR 45068 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 133 (July 12, 2016)

NMFS implements accountability measures (AMs) for commercial greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2016 fishing year through this temporary rule. NMFS projects commercial landings for greater amberjack, will reach the commercial annual catch target (ACT) by July 17, 2016. Therefore, NMFS closes the commercial sector for greater amberjack in the Gulf on July 17, 2016, and it will remain closed until the start of the next fishing season on January 1, 2017. This closure is necessary to protect the Gulf greater amberjack resource.

[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)]
[Rules and Regulations]
[Pages 45068-45069]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16401]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XE716


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Commercial Accountability Measure and Closure for Gulf of Mexico 
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 Gulf of Mexico (Gulf) reef fish fishery for 
the 2016 fishing year through this temporary rule. NMFS projects 
commercial landings for greater amberjack, will reach the commercial 
annual catch target (ACT) by July 17, 2016. Therefore, NMFS closes the 
commercial sector for greater amberjack in the Gulf on July 17, 2016, 
and it will remain closed until the start of the next fishing season on 
January 1, 2017. This closure is necessary to protect the Gulf greater 
amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, July 17, 2016, 
until 12:01 a.m., local time, January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or email: 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the 
Gulf,

[[Page 45069]]

which includes greater amberjack, under the Fishery Management Plan for 
the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery 
Management Council (Council) prepared the FMP and NMFS implements the 
FMP under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622. All greater amberjack weights discussed in this temporary rule are 
in round weight.
    The commercial annual catch limit (ACL) for Gulf greater amberjack 
is 464,400 lb (210,648 kg), as specified in 50 CFR 622.41(a)(1)(iii). 
The commercial ACT (equivalent to the commercial quota) is 394,740 lb 
(179,051 kg), as specified in 50 CFR 622.39(a)(1)(v).
    Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the 
commercial sector for greater amberjack when the 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 has 
determined the commercial quota will be reached by July 17, 2016. 
Accordingly, the commercial sector for Gulf greater amberjack is closed 
effective 12:01 a.m., local time, July 17, 2016, until 12:01 a.m., 
local time, January 1, 2017.
    The operator of a vessel with a valid commercial vessel permit for 
Gulf reef fish with greater amberjack on board must have landed, 
bartered, traded, or sold such greater amberjack prior to 12:01 a.m., 
local time, July 17, 2016. During the commercial closure, the bag and 
possession limits specified in 50 CFR 622.38(b)(1) apply to all harvest 
or possession of greater amberjack in or from the Gulf exclusive 
economic zone (EEZ). However, from June 1 through July 31 each year, 
the recreational sector for greater amberjack is also closed, as 
specified in 50 CFR 622.34(c), and during this recreational closure, 
the bag and possession limits for greater amberjack in or from the Gulf 
EEZ are zero. During the commercial closure, the sale or purchase of 
greater amberjack taken from the 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, July 17, 2016, and were held in cold storage by a 
dealer or processor. The commercial sector for greater amberjack will 
reopen on January 1, 2017, the beginning of the 2017 commercial fishing 
season.

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)(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 rule establishing the 
closure provisions was 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. The capacity of the 
commercial sector allows for rapid harvest of the commercial quota, and 
prior notice and opportunity for public comment would require time and 
would potentially result in harvest exceeding the commercial 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: July 6, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-16401 Filed 7-7-16; 4:15 pm]
 BILLING CODE 3510-22-P