82_FR_28130 82 FR 28013 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack

82 FR 28013 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 117 (June 20, 2017)

Page Range28013-28014
FR Document2017-12746

NMFS implements accountability measures (AMs) for commercial greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2017 fishing year through this temporary rule. NMFS projects commercial landings for greater amberjack will reach the commercial annual catch target (ACT) by June 20, 2017. Therefore, NMFS closes the commercial sector for greater amberjack in the Gulf on June 20, 2017, and it will remain closed until the start of the next fishing year on January 1, 2018. This closure is necessary to protect the Gulf greater amberjack resource.

Federal Register, Volume 82 Issue 117 (Tuesday, June 20, 2017) 
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 28013-28014]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-12746]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XF493


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 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 2017 fishing year through this temporary rule. NMFS projects 
commercial landings for greater amberjack will reach the commercial 
annual catch target (ACT) by June 20, 2017. Therefore, NMFS closes the 
commercial sector for greater amberjack in the Gulf on June 20, 2017, 
and it will remain closed until the start of the next fishing year on 
January 1, 2018. This closure is necessary to protect the Gulf greater 
amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, June 20, 2017, 
until 12:01 a.m., local time, January 1, 2018.

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

SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the 
Gulf, 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 quota (equivalent to the commercial ACT) 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 ACT 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 ACT will be reached by June 20, 2017. 
Accordingly, the commercial sector for Gulf greater amberjack is closed 
effective 12:01 a.m., local time, June 20, 2017, until 12:01 a.m., 
local time, January 1, 2018.
    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, June 20, 2017.

[[Page 28014]]

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, June 20, 2017, and were held in cold storage by a dealer or 
processor. The commercial sector for greater amberjack will reopen on 
January 1, 2018, the beginning of the 2018 greater amberjack commercial 
fishing season.
    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, the recreational sector for greater amberjack closed on March 
24, 2017, until the start of the next fishing year on January 1, 2018 
(82 FR 14477, March 21, 2017). During this recreational closure, the 
bag and possession limits for greater amberjack in or from the Gulf EEZ 
are zero.

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 the greater amberjack stock. 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: June 14, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-12746 Filed 6-14-17; 4:45 pm]
BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations 28013 The affected states and IPHC staff prevent confusion among participants in ACTION: Temporary rule; closure. have been notified of these corrections, the fishery that could result from the and the pending correct dates have been existing conflict between state and tribal SUMMARY: NMFS implements announced on NMFS’s halibut hotline regulations and the final rule. To accountability measures (AMs) for (1–800–662–9825 or 206 526–6667). effectively correct the error, this commercial greater amberjack in the NMFS will not take enforcement action correction must go into effect as soon as Gulf of Mexico (Gulf) reef fish fishery against any individuals who relied on possible, as the affected Pacific halibut for the 2017 fishing year through this the original, incorrect dates in good sport fisheries open May 4. Thus, there temporary rule. NMFS projects faith. Therefore, these corrections are is not sufficient time for notice and commercial landings for greater anticipated by the public and the state comment due to the imminent opening amberjack will reach the commercial regulatory agencies, and their of the fishery. In addition, notice and annual catch target (ACT) by June 20, implementation will cause no harm. comment is unnecessary because this 2017. Therefore, NMFS closes the action makes only minor changes of commercial sector for greater amberjack Correction in the Gulf on June 20, 2017, and it will which the public, states, and IPHC staff In the Federal Register of April 20, are already aware. This correction will remain closed until the start of the next 2017 (82 FR 18581), paragraph (8)(d)(i), not affect the results of analyses fishing year on January 1, 2018. This beginning on page 18583, is corrected to conducted to support management closure is necessary to protect the Gulf read as follows: decisions in the Pacific halibut fishery greater amberjack resource. (i) This subarea is divided into an all- nor change the total catch of Pacific DATES: This rule is effective 12:01 a.m., depth fishery and a nearshore fishery. halibut. No change in operating local time, June 20, 2017, until 12:01 The nearshore fishery is allocated 500 practices in the fishery is required. a.m., local time, January 1, 2018. pounds of the subarea allocation. The For the same reasons stated above, the FOR FURTHER INFORMATION CONTACT: nearshore fishery extends from Kelli O’Donnell, NMFS Southeast AA has determined that good cause Leadbetter Point (46°38.17′ N. lat., exists to waive the 30-day delay in Regional Office, telephone: 727–824– 124°15.88′ W. long.) to the Columbia effectiveness pursuant to 5 U.S.C. 5305, or email: Kelli.ODonnell@ River (46°16.00′ N. lat., 124°15.88′ W. 553(d). Because prior notice and an noaa.gov. long.) by connecting the following opportunity for public comment are not SUPPLEMENTARY INFORMATION: NMFS coordinates in Washington 46°38.17′ N. required to be provided for this rule by manages the reef fish fishery of the Gulf, lat., 124°15.88′ W. long., 46°16.00′ N. 5 U.S.C. 553, or any other law, the which includes greater amberjack, lat., 124°15.88′ W. long. and connecting analytical requirements of the under the Fishery Management Plan for to the boundary line approximating the Regulatory Flexibility Act, 5 U.S.C. 601 the Reef Fish Resources of the Gulf 40 fm (73 m) depth contour in Oregon. The nearshore fishery opens Monday, et seq., are not applicable. Accordingly, (FMP). The Gulf of Mexico Fishery May 8, and continues 3 days per week no Regulatory Flexibility Analysis is Management Council (Council) (Monday–Wednesday) until the required for this rule and none has been prepared the FMP and NMFS nearshore allocation is taken, or prepared. implements the FMP under the September 30, whichever is earlier. The This final rule is not significant under authority of the Magnuson-Stevens all-depth fishing season commences on Executive Order 12866. Fishery Conservation and Management Thursday, May 4, and continues 4 days Authority: 16 U.S.C. 773–773k; 1801 et Act (Magnuson-Stevens Act) by a week (Thursday–Sunday) until 12,799 seq. regulations at 50 CFR part 622. All lb (5.81 mt) are estimated to have been Dated: June 14, 2017. greater amberjack weights discussed in taken and the season is closed by the Alan D. Risenhoover, this temporary rule are in round weight. Commission, or September 30, Acting Deputy Assistant Administrator for The commercial annual catch limit whichever is earlier. Subsequent to this Regulatory Programs, National Marine (ACL) for Gulf greater amberjack is closure, if there is insufficient quota Fisheries Service. 464,400 lb (210,648 kg), as specified in remaining in the Columbia River [FR Doc. 2017–12722 Filed 6–19–17; 8:45 am] 50 CFR 622.41(a)(1)(iii). The subarea for another fishing day, then BILLING CODE 3510–22–P commercial quota (equivalent to the any remaining quota may be transferred commercial ACT) is 394,740 lb (179,051 inseason to another Washington and/or kg), as specified in 50 CFR Oregon subarea by NMFS via an update DEPARTMENT OF COMMERCE 622.39(a)(1)(v). to the recreational halibut hotline. Any Under 50 CFR 622.41(a)(1)(i), NMFS remaining quota would be transferred to National Oceanic and Atmospheric is required to close the commercial each state in proportion to its Administration sector for greater amberjack when the contribution. commercial ACT is reached, or is 50 CFR Part 622 projected to be reached, by filing a Classification notification to that effect with the Office Pursuant to 5 U.S.C. 553(b)(B), the [Docket No. 1206013412–2517–02] of the Federal Register. NMFS has Assistant Administrator for Fisheries determined the commercial ACT will be (AA) finds there is good cause to waive RIN 0648–XF493 reached by June 20, 2017. Accordingly, prior notice and an opportunity for Fisheries of the Caribbean, Gulf of the commercial sector for Gulf greater public comment on this action, as notice Mexico, and South Atlantic; 2017 amberjack is closed effective 12:01 a.m., asabaliauskas on DSKBBXCHB2PROD with RULES and comment would be unnecessary Commercial Accountability Measure local time, June 20, 2017, until 12:01 and contrary to public interest. Notice and Closure for Gulf of Mexico Greater a.m., local time, January 1, 2018. and comment are unnecessary and Amberjack The operator of a vessel with a valid contrary to the public interest because commercial vessel permit for Gulf reef this action corrects inadvertent errors in AGENCY: National Marine Fisheries fish with greater amberjack on board regulations for a fishery that opens on Service (NMFS), National Oceanic and must have landed, bartered, traded, or May 4, and immediate notice of the Atmospheric Administration (NOAA), sold such greater amberjack prior to error and correction is necessary to Commerce. 12:01 a.m., local time, June 20, 2017. VerDate Sep<11>2014 16:57 Jun 19, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1

28014 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations During the commercial closure, the sale Classification contrary to the public interest. Such or purchase of greater amberjack taken The Regional Administrator, procedures are unnecessary because the from the EEZ is prohibited. The Southeast Region, NMFS, has rule establishing the closure provisions prohibition on sale or purchase does not determined this temporary rule is was subject to notice and comment, and apply to the sale or purchase of greater necessary for the conservation and all that remains is to notify the public amberjack that were harvested, landed management of Gulf greater amberjack of the closure. Such procedures are ashore, and sold prior to 12:01 a.m., and is consistent with the Magnuson- contrary to the public interest because local time, June 20, 2017, and were held Stevens Act and other applicable laws. of the need to immediately implement in cold storage by a dealer or processor. This action is taken under 50 CFR this action to protect the greater The commercial sector for greater 622.41(a)(1) and is exempt from review amberjack stock. The capacity of the amberjack will reopen on January 1, under Executive Order 12866. commercial sector allows for rapid 2018, the beginning of the 2018 greater These measures are exempt from the harvest of the commercial quota, and procedures of the Regulatory Flexibility prior notice and opportunity for public amberjack commercial fishing season. Act, because the temporary rule is comment would require time and would During the commercial closure, the issued without opportunity for prior potentially result in harvest exceeding bag and possession limits specified in notice and comment. the commercial ACL. 50 CFR 622.38(b)(1) apply to all harvest This action responds to the best For the aforementioned reasons, the or possession of greater amberjack in or scientific information available. The AA also finds good cause to waive the from the Gulf exclusive economic zone Assistant Administrator for NOAA 30-day delay in the effectiveness of this (EEZ). However, the recreational sector Fisheries (AA), finds that the need to action under 5 U.S.C. 553(d)(3). for greater amberjack closed on March immediately implement this action to Authority: 16 U.S.C. 1801 et seq. 24, 2017, until the start of the next close the commercial sector for greater amberjack constitutes good cause to Dated: June 14, 2017. fishing year on January 1, 2018 (82 FR waive the requirements to provide prior Margo B. Schulze-Haugen, 14477, March 21, 2017). During this recreational closure, the bag and notice and opportunity for public Acting Deputy Director, Office of Sustainable comment pursuant to the authority set Fisheries, National Marine Fisheries Service. possession limits for greater amberjack in or from the Gulf EEZ are zero. forth in 5 U.S.C. 553(b)(B), as such [FR Doc. 2017–12746 Filed 6–14–17; 4:45 pm] procedures would be unnecessary and BILLING CODE 3510–22–P asabaliauskas on DSKBBXCHB2PROD with RULES VerDate Sep<11>2014 16:57 Jun 19, 2017 Jkt 241001 PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 E:\FR\FM\20JNR1.SGM 20JNR1


Document Created: 2017-06-20 02:20:59
Document Modified: 2017-06-20 02:20:59
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; closure.
DatesThis rule is effective 12:01 a.m., local time, June 20, 2017, until 12:01 a.m., local time, January 1, 2018.
ContactKelli O'Donnell, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation82 FR 28013 
RIN Number0648-XF49
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