82 FR 36102 - Snapper-Grouper Fishery of the South Atlantic; 2017 Commercial Accountability Measure and Closure for the South Atlantic Other Jacks Complex (Lesser Amberjack, Almaco Jack, and Banded Rudderfish)
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 148 (August 3, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 148 (August 3, 2017)
| Page Range | 36102-36102 | |
| FR Document | 2017-16378 |
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)] [Rules and Regulations] [Page 36102] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16378] [[Page 36102]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120815345-3525-02] RIN 0648-XF581 Snapper-Grouper Fishery of the South Atlantic; 2017 Commercial Accountability Measure and Closure for the South Atlantic Other Jacks Complex (Lesser Amberjack, Almaco Jack, and Banded Rudderfish) AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure (AM) for the commercial sector for the Other Jacks Complex (lesser amberjack, almaco jack, and banded rudderfish) in the South Atlantic for the 2017 fishing year through this temporary rule. NMFS projects that commercial landings of the Other Jacks complex will reach their combined commercial annual catch limit (ACL) by August 4, 2017. Therefore, NMFS closes the commercial sector for this complex on August 4, 2017, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources. DATES: This rule is effective 12:01 a.m., local time, August 4, 2017, until 12:01 a.m., local time, January 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 lesser amberjack, almaco jack, and banded rudderfish, which combined are the Other Jacks Complex, 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 combined commercial ACL for the Other Jacks Complex is 189,422 lb (85,920 kg), round weight. Under 50 CFR 622.193(l)(1)(i), NMFS is required to close the commercial sector for the Other Jacks Complex when the commercial ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial sector for this complex is projected to reach its ACL by August 4, 2017. Therefore, this temporary rule implements an AM to close the commercial sector for the Other Jacks Complex in the South Atlantic, effective 12:01 a.m., local time, August 4, 2017. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having lesser amberjack, almaco jack, or banded rudderfish on board must have landed and bartered, traded, or sold such species prior to 12:01 a.m., local time, August 4, 2017. During the closure, the recreational bag limit specified in 50 CFR 622.187(b)(8) and the possession limits specified in 50 CFR 622.187(c) apply to all harvest or possession of lesser amberjack, almaco jack, or banded rudderfish in or from the South Atlantic EEZ. These recreational bag and possession limits apply in the South Atlantic on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, regardless of whether such species were harvested in state or Federal waters. During the closure, the sale or purchase of lesser amberjack, almaco jack, or banded rudderfish taken from the EEZ is prohibited. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of the fish in the Other Jacks Complex, a component of 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(l)(1)(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 public 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 the Other Jacks Complex 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 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 the Other Jacks Complex since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. 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.Comm 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 31, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-16378 Filed 7-31-17; 4:15 pm] BILLING CODE 3510-22-P
![36102 Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations
DEPARTMENT OF COMMERCE Atlantic Region (FMP). The FMP was necessary for the conservation and
prepared by the South Atlantic Fishery management of the fish in the Other
National Oceanic and Atmospheric Management Council and is Jacks Complex, a component of the
Administration implemented by NMFS under the South Atlantic snapper-grouper fishery,
authority of the Magnuson-Stevens and is consistent with the Magnuson-
50 CFR Part 622 Fishery Conservation and Management Stevens Act and other applicable laws.
[Docket No. 120815345–3525–02]
Act (Magnuson-Stevens Act) by This action is taken under 50 CFR
regulations at 50 CFR part 622. 622.193(l)(1)(i) and is exempt from
RIN 0648–XF581 The combined commercial ACL for
review under Executive Order 12866.
the Other Jacks Complex is 189,422 lb
Snapper-Grouper Fishery of the South (85,920 kg), round weight. Under 50 These measures are exempt from the
Atlantic; 2017 Commercial CFR 622.193(l)(1)(i), NMFS is required procedures of the Regulatory Flexibility
Accountability Measure and Closure to close the commercial sector for the Act because the temporary rule is issued
for the South Atlantic Other Jacks Other Jacks Complex when the without opportunity for prior notice and
Complex (Lesser Amberjack, Almaco commercial ACL has been reached, or is public comment.
Jack, and Banded Rudderfish) projected to be reached, by filing a This action responds to the best
AGENCY: National Marine Fisheries notification to that effect with the Office scientific information available. The
Service (NMFS), National Oceanic and of the Federal Register. NMFS has Assistant Administrator for NOAA
Atmospheric Administration (NOAA), determined that the commercial sector Fisheries (AA) finds that the need to
Commerce. for this complex is projected to reach its immediately implement this action to
ACL by August 4, 2017. Therefore, this close the commercial sector for the
ACTION: Temporary rule; closure.
temporary rule implements an AM to Other Jacks Complex constitutes good
SUMMARY: NMFS implements an close the commercial sector for the cause to waive the requirements to
accountability measure (AM) for the Other Jacks Complex in the South provide prior notice and opportunity for
commercial sector for the Other Jacks Atlantic, effective 12:01 a.m., local time, public comment pursuant to the
Complex (lesser amberjack, almaco jack, August 4, 2017. authority set forth in 5 U.S.C. 553(b)(B),
and banded rudderfish) in the South The operator of a vessel with a valid as such procedures are unnecessary and
Atlantic for the 2017 fishing year commercial vessel permit for South contrary to the public interest. Such
through this temporary rule. NMFS Atlantic snapper-grouper having lesser procedures are unnecessary because the
projects that commercial landings of the amberjack, almaco jack, or banded rule implementing the AM itself has
Other Jacks complex will reach their rudderfish on board must have landed been subject to notice and comment,
combined commercial annual catch and bartered, traded, or sold such and all that remains is to notify the
limit (ACL) by August 4, 2017. species prior to 12:01 a.m., local time, public of the closure. Such procedures
Therefore, NMFS closes the commercial August 4, 2017. During the closure, the are contrary to the public interest
sector for this complex on August 4, recreational bag limit specified in 50 because of the need to immediately
2017, through the remainder of the CFR 622.187(b)(8) and the possession implement this action to protect the
fishing year in the exclusive economic limits specified in 50 CFR 622.187(c)
Other Jacks Complex since the capacity
zone (EEZ) of the South Atlantic. This apply to all harvest or possession of
of the fishing fleet allows for rapid
closure is necessary to protect the lesser lesser amberjack, almaco jack, or banded
harvest of the commercial ACL. Prior
amberjack, almaco jack, and banded rudderfish in or from the South Atlantic
notice and opportunity for public
rudderfish resources. EEZ. These recreational bag and
comment would require time and would
possession limits apply in the South
DATES: This rule is effective 12:01 a.m., potentially result in a harvest well in
Atlantic on board a vessel for which a
local time, August 4, 2017, until 12:01 excess of the established commercial
valid Federal commercial or charter
a.m., local time, January 1, 2018. ACL.Comm
vessel/headboat permit for South
FOR FURTHER INFORMATION CONTACT: Atlantic snapper-grouper has been For the aforementioned reasons, the
Mary Vara, NMFS Southeast Regional issued, regardless of whether such AA also finds good cause to waive the
Office, telephone: 727–824–5305, email: species were harvested in state or 30-day delay in the effectiveness of this
mary.vara@noaa.gov. Federal waters. During the closure, the action under 5 U.S.C. 553(d)(3).
SUPPLEMENTARY INFORMATION: The sale or purchase of lesser amberjack, Authority: 16 U.S.C. 1801 et seq.
snapper-grouper fishery of the South almaco jack, or banded rudderfish taken
Atlantic includes lesser amberjack, Dated: July 31, 2017.
from the EEZ is prohibited.
almaco jack, and banded rudderfish, Emily H. Menashes,
which combined are the Other Jacks Classification Acting Director, Office of Sustainable
Complex, and is managed under the The Regional Administrator, Fisheries, National Marine Fisheries Service.
Fishery Management Plan for the Southeast Region, NMFS, has [FR Doc. 2017–16378 Filed 7–31–17; 4:15 pm]
Snapper-Grouper Fishery of the South determined this temporary rule is BILLING CODE 3510–22–P
pmangrum on DSK3GDR082PROD with RULES
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Document Created: 2017-08-03 07:25:02
Document Modified: 2017-08-03 07:25:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, August 4, 2017, until 12:01 a.m., local time, January 1, 2018. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 36102 | |
| RIN Number | 0648-XF58 |
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