82_FR_14530 82 FR 14477 - Reef Fish Fishery of the Gulf of Mexico; 2017 Recreational Accountability Measures and Closure for Gulf of Mexico Greater Amberjack

82 FR 14477 - Reef Fish Fishery of the Gulf of Mexico; 2017 Recreational Accountability Measures and Closure for Gulf of Mexico Greater Amberjack

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 53 (March 21, 2017)

Page Range14477-14478
FR Document2017-05651

NMFS implements accountability measures (AMs) for the greater amberjack recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2017 fishing year through this temporary rule. NMFS has determined that the 2016 recreational annual catch limit (ACL) for Gulf greater amberjack was exceeded; therefore, NMFS reduces the greater amberjack recreational ACL and annual catch target (ACT) in 2017. NMFS has also determined that the reduced recreational ACT for Gulf greater amberjack will be reached by March 24, 2017. Therefore, the greater amberjack recreational season in the Gulf EEZ will close on March 24, 2017. This closure is necessary to protect the Gulf greater amberjack resource.

Federal Register, Volume 82 Issue 53 (Tuesday, March 21, 2017) 
[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Rules and Regulations]
[Pages 14477-14478]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05651]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XF166


Reef Fish Fishery of the Gulf of Mexico; 2017 Recreational 
Accountability Measures and Closure for Gulf of Mexico Greater 
Amberjack

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; recreational quota reduction and closure.

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SUMMARY: NMFS implements accountability measures (AMs) for the greater 
amberjack recreational sector in the exclusive economic zone (EEZ) of 
the Gulf of Mexico (Gulf) for the 2017 fishing year through this 
temporary rule. NMFS has determined that the 2016 recreational annual 
catch limit (ACL) for Gulf greater amberjack was exceeded; therefore, 
NMFS reduces the greater amberjack recreational ACL and annual catch 
target (ACT) in 2017. NMFS has also determined that the reduced 
recreational ACT for Gulf greater amberjack will be reached by March 
24, 2017. Therefore, the greater amberjack recreational season in the 
Gulf EEZ will close on March 24, 2017. This closure is necessary to 
protect the Gulf greater amberjack resource.

DATES: This rule is effective from 12:01 a.m., local time, March 24, 
2017, until 12:01 a.m., local time, on January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
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 2017 recreational ACL for Gulf greater amberjack specified in 
50 CFR 622.41(a)(2)(iii) is 1,255,600 lb (569,531 kg) and the 
recreational ACT specified in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb 
(495,492 kg). However, NMFS has determined that in 2016, the 
recreational harvest of greater amberjack exceeded the 2016 
recreational ACL by 756,631 lb (343,202 kg). Under 50 CFR 
622.41(a)(2)(ii), NMFS is required to reduce the recreational ACT and 
the recreational ACL for greater amberjack in the year following an 
overage of the recreational ACL, by the amount of any recreational 
overage in the prior fishing year. Therefore, NMFS reduces the 
recreational ACL for greater amberjack in 2017 to 498,969 lb (226,329 
kg) and the recreational ACT to 335,741 lb (152,290 kg).
    Under 50 CFR 622.41(a)(2)(i), NMFS is required to close the 
recreational sector for greater amberjack when the recreational ACT is 
reached, or is

[[Page 14478]]

projected to be reached, by filing a notification to that effect with 
the Office of the Federal Register. NMFS has determined the 2017 
recreational ACT will be reached by March 24, 2017. Accordingly, NMFS 
is closing recreational harvest of greater amberjack for the rest of 
the 2017 fishing year effective at 12:01 a.m., local time, March 24, 
2017, until 12:01 a.m., local time, January 1, 2018, the start of the 
next fishing year.
    During the recreational closure, the bag and possession limits for 
greater amberjack in or from the Gulf EEZ are zero. The prohibition on 
possession in the Gulf on board a vessel for which a valid Federal 
charter vessel/headboat permit for Gulf reef fish has been issued 
applies regardless of whether greater amberjack were harvested in state 
or Federal waters.

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)(2)(i) and (ii) 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 
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. 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: March 17, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-05651 Filed 3-17-17; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations 14477 Issued under the authority of delegation in Register, but had not yet taken effect. SUMMARY: NMFS implements 49 CFR 1.87 on: March 15, 2017. Because the original effective date of the accountability measures (AMs) for the Daphne Y. Jefferson, final rule published on December 14, greater amberjack recreational sector in Deputy Administrator. 2016, fell within that 60-day window, the exclusive economic zone (EEZ) of [FR Doc. 2017–05525 Filed 3–20–17; 8:45 am] the effective date of the rule was the Gulf of Mexico (Gulf) for the 2017 BILLING CODE 4910–EX–P extended to March 21, 2017, in a final fishing year through this temporary rule. rule published on February 6, 2017 (82 NMFS has determined that the 2016 FR 9368). Consistent with the recreational annual catch limit (ACL) for DEPARTMENT OF TRANSPORTATION memorandum of the Assistant to the Gulf greater amberjack was exceeded; President and Chief of Staff, and as therefore, NMFS reduces the greater National Highway Traffic Safety stated in the February 6, 2017, final rule amberjack recreational ACL and annual Administration delaying the effective date, the Agency catch target (ACT) in 2017. NMFS has further delays the effective date of this also determined that the reduced 49 CFR Parts 571 and 585 regulation until May 22, 2017. recreational ACT for Gulf greater [Docket No. NHTSA–2016–0125] The Agency’s implementation of this amberjack will be reached by March 24, action without opportunity for public 2017. Therefore, the greater amberjack RIN 2126–AK93 recreational season in the Gulf EEZ will comment is based on the good cause exceptions in 5 U.S.C. 553(b)(B) and close on March 24, 2017. This closure Federal Motor Vehicle Safety 553(d)(3), in that seeking public is necessary to protect the Gulf greater Standards; Minimum Sound comment is impracticable, unnecessary amberjack resource. Requirements for Hybrid and Electric and contrary to the public interest. The DATES: This rule is effective from 12:01 Vehicles delay in the effective date until May 22, a.m., local time, March 24, 2017, until AGENCY: National Highway Traffic 2017, is necessary to provide the 12:01 a.m., local time, on January 1, Safety Administration (NHTSA), DOT. opportunity for further review and 2018. ACTION: Final rule; delay of effective consideration of this new regulation, FOR FURTHER INFORMATION CONTACT: date. consistent with the January 20, 2017 Kelli O’Donnell, NMFS Southeast memorandum. Given the imminence of Regional Office, telephone: 727–824– SUMMARY: In accordance with the the effective date of the ‘‘Federal Motor Presidential directive as expressed in 5305, email: kelli.odonnell@noaa.gov. Vehicle Safety Standards; Minimum SUPPLEMENTARY INFORMATION: NMFS the memorandum of January 20, 2017, Sound Requirements for Hybrid and from the Assistant to the President and manages the Gulf reef fish fishery, Electric Vehicles’’ final rule, seeking which includes greater amberjack, Chief of Staff, entitled ‘‘Regulatory prior public comment on this temporary Freeze Pending Review,’’ this action under the Fishery Management Plan for delay would be impractical, as well as the Reef Fish Resources of the Gulf temporarily delays until May 22, 2017, contrary to the public interest in the the effective date of the final rule titled (FMP). The Gulf of Mexico Fishery orderly promulgation and Management Council (Council) ‘‘Federal Motor Vehicle Safety implementation of regulations. Standards; Minimum Sound prepared the FMP and NMFS Requirements for Hybrid and Electric Authority: 49 U.S.C. 322, 30111, 30115, implements the FMP under the 30117, and 30116; delegation of authority at authority of the Magnuson-Stevens Vehicles,’’ initially scheduled to become 49 CFR 1.95. Fishery Conservation and Management effective on February 13, 2017. DATES: As of March 21, 2017, the Issued on: March 16, 2017. Act (Magnuson-Stevens Act) by effective date of the final rule published Jack Danielson, regulations at 50 CFR part 622. All on December 14, 2016 (81 FR 90416), Acting Deputy Administrator. greater amberjack weights discussed in delayed on February 6, 2017 (82 FR [FR Doc. 2017–05543 Filed 3–20–17; 8:45 am] this temporary rule are in round weight. The 2017 recreational ACL for Gulf 9368), is further delayed until May 22, BILLING CODE 4910–59–P greater amberjack specified in 50 CFR 2017. The compliance date is September 622.41(a)(2)(iii) is 1,255,600 lb (569,531 1, 2018, with full phase in by September kg) and the recreational ACT specified 1, 2019. DEPARTMENT OF COMMERCE in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb FOR FURTHER INFORMATION CONTACT: For (495,492 kg). However, NMFS has legal issues, contact Tom Healy, Office National Oceanic and Atmospheric determined that in 2016, the of Chief Counsel, at (202) 366–2992. For Administration recreational harvest of greater amberjack non-legal issues, contact Mike Pyne, exceeded the 2016 recreational ACL by Office of Rulemaking, at (202) 366– 50 CFR Part 622 756,631 lb (343,202 kg). Under 50 CFR 4171. 622.41(a)(2)(ii), NMFS is required to [Docket No. 1206013412–2517–02] SUPPLEMENTARY INFORMATION: NHTSA reduce the recreational ACT and the bases this action on the Presidential RIN 0648–XF166 recreational ACL for greater amberjack directive expressed in the memorandum in the year following an overage of the of January 20, 2017, from the Assistant Reef Fish Fishery of the Gulf of recreational ACL, by the amount of any to the President and Chief of Staff, Mexico; 2017 Recreational recreational overage in the prior fishing entitled ‘‘Regulatory Freeze Pending Accountability Measures and Closure year. Therefore, NMFS reduces the Review’’ (the January 20, 2107 for Gulf of Mexico Greater Amberjack recreational ACL for greater amberjack pmangrum on DSK4SPTVN1PROD with RULES memorandum). That memorandum AGENCY: National Marine Fisheries in 2017 to 498,969 lb (226,329 kg) and directed the heads of Executive Service (NMFS), National Oceanic and the recreational ACT to 335,741 lb Departments and Agencies to Atmospheric Administration (NOAA), (152,290 kg). temporarily postpone for 60 days from Commerce. Under 50 CFR 622.41(a)(2)(i), NMFS the date of the memorandum the is required to close the recreational ACTION: Temporary rule; recreational effective dates of certain regulations that sector for greater amberjack when the quota reduction and closure. had been published in the Federal recreational ACT is reached, or is VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1

14478 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Rules and Regulations projected to be reached, by filing a contrary to the public interest. Such The most recent catch data indicate that notification to that effect with the Office procedures are unnecessary because the the common pool is not expected to of the Federal Register. NMFS has rule establishing the closure provisions fully harvest its annual quota for these determined the 2017 recreational ACT was subject to notice and comment, and stocks at the current trip limits. will be reached by March 24, 2017. all that remains is to notify the public Increasing the possession and trip limits Accordingly, NMFS is closing of the closure. Such procedures are is intended to provide the common pool recreational harvest of greater amberjack contrary to the public interest because fishery with additional fishing for the rest of the 2017 fishing year of the need to immediately implement opportunities through the end of the effective at 12:01 a.m., local time, March this action to protect greater amberjack. fishing year. 24, 2017, until 12:01 a.m., local time, Prior notice and opportunity for public January 1, 2018, the start of the next comment would require time and would DATES: The possession and trip limit fishing year. potentially allow the recreational sector increase is effective March 16, 2017, During the recreational closure, the to exceed the recreational ACL. through April 30, 2017. bag and possession limits for greater For the aforementioned reasons, the FOR FURTHER INFORMATION CONTACT: amberjack in or from the Gulf EEZ are AA also finds good cause to waive the Spencer Talmage, Fishery Management zero. The prohibition on possession in 30-day delay in the effectiveness of this Specialist, 978–281–9232. the Gulf on board a vessel for which a action under 5 U.S.C. 553(d)(3). valid Federal charter vessel/headboat SUPPLEMENTARY INFORMATION: The Authority: 16 U.S.C. 1801 et seq. regulations at § 648.86(o) authorize the permit for Gulf reef fish has been issued applies regardless of whether greater Dated: March 17, 2017. Regional Administrator to adjust the amberjack were harvested in state or Jennifer M. Wallace, possession and trip limits for common Federal waters. Acting Director, Office of Sustainable pool vessels in order to help prevent the Fisheries, National Marine Fisheries Service. overharvest or underharvest of the Classification [FR Doc. 2017–05651 Filed 3–17–17; 4:15 pm] common pool quotas. The Regional Administrator, BILLING CODE 3510–22–P Based on information reported Southeast Region, NMFS, has through February 18, 2017, the common determined this temporary rule is pool fishery has caught approximately necessary for the conservation and DEPARTMENT OF COMMERCE 42 and 25 percent of its annual quotas management of Gulf greater amberjack for Gulf of Maine (GOM) cod and GOM and is consistent with the Magnuson- National Oceanic and Atmospheric Administration haddock, respectively. At the current Stevens Act and other applicable laws. rate of fishing, the common pool fishery This action is taken under 50 CFR 50 CFR Part 648 is not projected to fully harvest its 622.41(a)(2)(i) and (ii) and is exempt annual quota for either stock by the end from review under Executive Order [Docket No. 151211999–6343–02] of the 2016 fishing year. A moderate 12866. These measures are exempt from the RIN 0648–XF256 increase in the possession and trip procedures of the Regulatory Flexibility limits for both stocks will provide Act because the temporary rule is issued Fisheries of the Northeastern United additional opportunities with little risk without opportunity for prior notice and States; Northeast Multispecies of exceeding the common pool sub-ACL comment. Fishery; Trip Limit Increase for the of either stock. This action responds to the best Common Pool Fishery To allow the common pool fishery to scientific information available. The AGENCY: National Marine Fisheries catch more of its quota for this GOM cod Assistant Administrator for NOAA Service (NMFS), National Oceanic and and haddock, effective March 16, 2017, Fisheries (AA) finds that the need to Atmospheric Administration (NOAA), the possession and trip limit of GOM immediately implement this action to Commerce. cod and GOM haddock are increased, as close the recreational sector for greater ACTION: Temporary rule; inseason summarized in Table 1 below. Common amberjack constitutes good cause to adjustment. pool groundfish vessels that have waive the requirements to provide prior declared their trip through the vessel notice and opportunity for public SUMMARY: This action increases the monitoring system (VMS) or interactive comment on this temporary rule possession and trip limit for Gulf of voice response system, and crossed the pursuant to the authority set forth in 5 Maine cod and haddock for Northeast VMS demarcation line prior to March U.S.C. 553(b)(B), because such multispecies common pool vessels for 16, 2017, may land at the new procedures are unnecessary and the remainder of the 2016 fishing year. possession and trip limits for that trip. TABLE 1—NEW POSSESSION/TRIP LIMITS Stock Permit type Current possession/trip limits New possession/trip limits GOM cod ........... Day-At-Sea (DAS) ........ 25 lb (11.34 kg) per DAS, up to 100 lb (45.36 100 lb (45.36 kg) per trip. kg) per trip. Handgear A .................. 25 lb (11.34 kg) per trip ...................................... 100 lb (45.36 kg) per trip. Handgear B .................. 25 lb (11.34 kg) per trip ...................................... unchanged. Small Vessel Category 25 lb (11.34 kg) per trip, within combined 300 lb unchanged. pmangrum on DSK4SPTVN1PROD with RULES trip limit for GOM cod, haddock, and yellowtail flounder. GOM haddock ... ....................................... 200 lb (90.72 kg) per DAS, up to 600 lb (272.16 500 lb (226.80 kg) per DAS, up to 1,000 lb kg) per trip. (453.59 kg) per trip. VerDate Sep<11>2014 13:46 Mar 20, 2017 Jkt 241001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1


Document Created: 2017-03-21 01:09:42
Document Modified: 2017-03-21 01:09:42
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; recreational quota reduction and closure.
DatesThis rule is effective from 12:01 a.m., local time, March 24, 2017, until 12:01 a.m., local time, on January 1, 2018.
ContactKelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation82 FR 14477 
RIN Number0648-XF16
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