82 FR 47640 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measures and Closure for South Atlantic Greater Amberjack
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 197 (October 13, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 197 (October 13, 2017)
| Page Range | 47640-47641 | |
| FR Document | 2017-22210 |
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)] [Rules and Regulations] [Pages 47640-47641] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-22210] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100812345-2142-03] RIN 0648-XF729 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measures and Closure for South Atlantic Greater Amberjack AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- 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) by October 18, 2017. Therefore, NMFS closes the commercial sector for greater amberjack in the South Atlantic EEZ on October 18, 2017, and it will remain closed until the start of the next fishing year on March 1, 2018. This closure is necessary to protect the greater amberjack resource. DATES: This rule is effective at 12:01 a.m., local time, October 18, 2017, until 12:01 a.m., local time, March 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 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 ACL for greater amberjack is equivalent to the commercial quota. The commercial quota 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 [[Page 47641]] for greater amberjack when the commercial ACL (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 projects that commercial landings of South Atlantic greater amberjack will reach the commercial ACL by October 18, 2017. Accordingly, the commercial sector for South Atlantic greater amberjack is closed effective at 12:01 a.m., local time, October 18, 2017, until 12:01 a.m., local time, March 1, 2018. The operator of a vessel with a valid Federal 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, October 18, 2017. During the commercial closure, harvest and possession of greater amberjack in or from the South Atlantic EEZ is limited to the recreational 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 greater amberjack that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, October 18, 2017, 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 that has been issued a valid Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery, the bag and possession limits and the sale and purchase provisions of the commercial closure for greater amberjack 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 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 AMs have already 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). 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: October 10, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-22210 Filed 10-12-17; 8:45 am] BILLING CODE 3510-22-P
![47640 Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations
* * * * * without prior proposal because the DEPARTMENT OF COMMERCE
[FR Doc. 2017–22114 Filed 10–12–17; 8:45 am] Agency viewed the submittal as a non-
BILLING CODE 6560–50–P controversial SIP amendment and National Oceanic and Atmospheric
anticipated no adverse comments. Administration
Further, EPA explained that the Agency
ENVIRONMENTAL PROTECTION was publishing a separate document in 50 CFR Part 622
AGENCY the proposed rules section of the [Docket No. 100812345–2142–03]
40 CFR Part 52 Federal Register to serve as the proposal
to approve the SIP revision should an RIN 0648–XF729
[EPA–R04–OAR–2017–0385; FRL–9969–29– adverse comment be filed. EPA also
Region 4] Fisheries of the Caribbean, Gulf of
noted that the rule would be effective
Mexico, and South Atlantic; 2017
Air Plan Approval: SC: Multiple generally 30 days after the close of the Commercial Accountability Measures
Revisions to Air Pollution Control public comment period, without further and Closure for South Atlantic Greater
Standards notice unless the Agency received Amberjack
adverse comment by the close of the
AGENCY: Environmental Protection public comment period. EPA explained AGENCY: National Marine Fisheries
Agency (EPA). that if the Agency received such Service (NMFS), National Oceanic and
ACTION: Withdrawal of direct final rule. comments, then EPA would publish a Atmospheric Administration (NOAA),
document withdrawing the final rule Commerce.
SUMMARY: Due to the receipt of an and informing the public that the rule ACTION: Temporary rule; closure.
adverse comment, the Environmental would not take effect. It was also
Protection Agency (EPA) is withdrawing explained that all public comments SUMMARY: NMFS implements
the August 16, 2017, direct final rule accountability measures (AMs) for
received would then be addressed in a
that approves portions of the South commercial greater amberjack in the
subsequent final rule based on the
Carolina state implementation plan exclusive economic zone (EEZ) of the
(SIP) revisions for miscellaneous rules proposed rule, and that EPA would not South Atlantic. NMFS projects
covering air pollution control standards. institute a second comment period on commercial landings of greater
EPA will address the comment in a this action. amberjack will reach the commercial
subsequent final action based upon the EPA received one adverse comment annual catch limit (ACL) by October 18,
proposed rulemaking action, also from a single Commenter on the direct 2017. Therefore, NMFS closes the
published on August 16, 2017. EPA will final rule on both the changes to commercial sector for greater amberjack
not institute a second comment period Regulation 61–62.5, Standard No. 1 and in the South Atlantic EEZ on October
on this action. to Standard No. 4. As a result of the 18, 2017, and it will remain closed until
DATES: The direct final rule published at comment received, EPA is withdrawing the start of the next fishing year on
82 FR 38828, on August 16, 2017, is the direct final rule approving the March 1, 2018. This closure is necessary
withdrawn, effective October 13, 2017. aforementioned changes to the South to protect the greater amberjack
FOR FURTHER INFORMATION CONTACT: Carolina SIP at Regulation 61–62.5, resource.
Richard Wong, Air Regulatory Standard No. 1 and Regulation 61–62.5, DATES: This rule is effective at 12:01
Management Section, Air Planning and Standard No. 4. EPA will address the a.m., local time, October 18, 2017, until
Implementation Branch, Air, Pesticides comment in a separate final action 12:01 a.m., local time, March 1, 2018.
and Toxics Management Division, U.S. based on the proposed action also FOR FURTHER INFORMATION CONTACT:
Environmental Protection Agency, published on August 16, 2017 (82 FR Mary Vara, NMFS Southeast Regional
Region 4, 61 Forsyth Street SW., 38874). EPA will not open a second Office, telephone: 727–824–5305, email:
Atlanta, Georgia 30303–8960. The comment period for this action. mary.vara@noaa.gov.
telephone number is (404) 562–8726. SUPPLEMENTARY INFORMATION: The
Mr. Wong can also be reached via List of Subjects in 40 CFR Part 52
snapper-grouper fishery of the South
electronic mail at wong.richard@ Atlantic includes greater amberjack and
Environmental protection, Air
epa.gov. is managed under the Fishery
pollution control, Incorporation by
SUPPLEMENTARY INFORMATION: On August reference, Intergovernmental relations, Management Plan for the Snapper-
16, 2017 (82 FR 38828), EPA published Particulate matter, Reporting and Grouper Fishery of the South Atlantic
a direct final rule approving SIP recordkeeping requirements. Region (FMP). The FMP was prepared
revisions submitted by the State of by the South Atlantic Fishery
South Carolina, through the South Dated: September 29, 2017. Management Council and is
Carolina Department of Health and Onis ‘‘Trey’’ Glenn, III, implemented by NMFS under the
Environmental Control (SC DHEC). EPA Regional Administrator, Region 4. authority of the Magnuson-Stevens
took a direct final action to approve Fishery Conservation and Management
portions of the October 1, 2007, July 18, ■ Accordingly, the amendments to 40 Act (Magnuson-Stevens Act) by
2011, June 17, 2013, August 8, 2014, CFR 52.2120(c) published on August 16, regulations at 50 CFR part 622.
August 12, 2015, July 27, 2016, and 2017 (82 FR 38828), which were to The commercial ACL for greater
November 4, 2016, submissions that become effective October 16, 2017, are amberjack is equivalent to the
revise Regulation 61–62.5, Standard No. withdrawn. commercial quota. The commercial
nlaroche on DSK9F9SC42PROD with RULES
1—‘‘Emissions From Fuel Burning [FR Doc. 2017–22103 Filed 10–12–17; 8:45 am] quota for greater amberjack in the South
Operations’’ and Regulation 61–62.5, BILLING CODE 6560–50–P Atlantic is 769,388 lb (348,989 kg),
Standard No. 4—‘‘Emissions From gutted weight, as specified in 50 CFR
Process Industries.’’ 622.190(a)(3).
In the direct final rule, EPA explained Under 50 CFR 622.193(k)(1), NMFS is
that the Agency was publishing the rule required to close the commercial sector
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![Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Rules and Regulations 47641
for greater amberjack when the Assistant Administrator for NOAA annual catch limit (ACL) for the July
commercial ACL (commercial quota) is Fisheries (AA) finds that the need to through December 2017 fishing period
reached, or is projected to be reached, immediately implement this action to by October 17, 2017. Therefore, NMFS
by filing a notification to that effect with close the commercial sector for greater closes the commercial sector for
the Office of the Federal Register. NMFS amberjack constitutes good cause to vermilion snapper in the South Atlantic
projects that commercial landings of waive the requirements to provide prior EEZ on October 17, 2017, and it will
South Atlantic greater amberjack will notice and opportunity for public remain closed until January 1, 2018, the
reach the commercial ACL by October comment pursuant to the authority set start of the January through June
18, 2017. Accordingly, the commercial forth in 5 U.S.C. 553(b)(B), as such commercial fishing season. This closure
sector for South Atlantic greater procedures would be unnecessary and is necessary to protect the South
amberjack is closed effective at 12:01 contrary to the public interest. Such Atlantic vermilion snapper resource.
a.m., local time, October 18, 2017, until procedures are unnecessary because the DATES: This rule is effective from 12:01
12:01 a.m., local time, March 1, 2018. AMs have already been subject to notice a.m., local time, October 17, 2017, until
The operator of a vessel with a valid and comment, and all that remains is to 12:01 a.m., local time, January 1, 2018.
Federal commercial vessel permit for notify the public of the closure. Such FOR FURTHER INFORMATION CONTACT:
South Atlantic snapper-grouper with procedures are contrary to the public Mary Vara, NMFS Southeast Regional
greater amberjack on board must have interest because of the need to Office, telephone: 727–824–5305, email:
landed and bartered, traded, or sold immediately implement this action to mary.vara@noaa.gov.
such greater amberjack prior to 12:01 protect greater amberjack since the
a.m., local time, October 18, 2017. SUPPLEMENTARY INFORMATION: The
capacity of the fishing fleet allows for snapper-grouper fishery of the South
During the commercial closure, harvest rapid harvest of the commercial ACL
and possession of greater amberjack in Atlantic includes vermilion snapper and
(commercial quota). Prior notice and is managed under the Fishery
or from the South Atlantic EEZ is opportunity for public comment would
limited to the recreational bag and Management Plan for the Snapper-
require time and would potentially Grouper Fishery of the South Atlantic
possession limits, as specified in result in a harvest well in excess of the
§ 622.187(b)(1) and (c)(1). Also during Region (FMP). The FMP was prepared
established commercial ACL by the South Atlantic Fishery
the commercial closure, the sale or (commercial quota).
purchase of greater amberjack taken Management Council and is
For the aforementioned reasons, the
from the South Atlantic EEZ is implemented by NMFS under the
AA also finds good cause to waive the
prohibited. The prohibition on sale or authority of the Magnuson-Stevens
30-day delay in the effectiveness of this
purchase does not apply to greater Fishery Conservation and Management
action under 5 U.S.C. 553(d)(3).
amberjack that were harvested, landed Act (Magnuson-Stevens Act) by
Authority: 16 U.S.C. 1801 et seq. regulations at 50 CFR part 622.
ashore, and sold prior to 12:01 a.m.,
local time, October 18, 2017, and were Dated: October 10, 2017. The commercial ACL (equivalent to
held in cold storage by a dealer or Emily H. Menashes, the commercial quota) for vermilion
processor, as specified in Acting Director, Office of Sustainable snapper in the South Atlantic is divided
§ 622.190(c)(1)(i). Fisheries, National Marine Fisheries Service. into separate quotas for two 6-month
For a person on board a vessel that [FR Doc. 2017–22210 Filed 10–12–17; 8:45 am] periods each year, January through June
has been issued a valid Federal BILLING CODE 3510–22–P
and July through December. The
commercial or charter vessel/headboat commercial quota for vermilion snapper
permit for the South Atlantic snapper- in the South Atlantic is 388,703 lb
grouper fishery, the bag and possession DEPARTMENT OF COMMERCE (176,313 kg), gutted weight (431,460 lb
limits and the sale and purchase (195,707 kg), round weight), for the July
provisions of the commercial closure for National Oceanic and Atmospheric 1 through December 31, 2017, fishing
greater amberjack apply regardless of Administration period, as specified in 50 CFR
whether the fish are harvested in state 622.190(a)(4)(ii)(D).
or Federal waters, as specified in 50 50 CFR Part 622 On September 28, 2017 (82 FR 45207),
CFR 622.190(c)(1)(ii). NMFS published a temporary rule in the
[Docket No. 130312235–3658–02]
Federal Register to reduce the
Classification RIN 0648–XF730 commercial trip limit for vermilion
The Regional Administrator, snapper in or from the South Atlantic
Fisheries of the Caribbean, Gulf of EEZ to 500 lb (227 kg), gutted weight,
Southeast Region, NMFS, has
Mexico, and South Atlantic; 2017 effective at 12:01 a.m., local time,
determined this temporary rule is
Commercial Accountability Measure October 2, 2017, until January 1, 2018,
necessary for the conservation and
and Closure for South Atlantic or until the commercial quota was
management of greater amberjack and
Vermilion Snapper reached and the commercial sector
the South Atlantic snapper-grouper
fishery and is consistent with the AGENCY: National Marine Fisheries closed, whichever would occur first.
Magnuson-Stevens Act and other Service (NMFS), National Oceanic and In accordance with regulations at 50
applicable laws. Atmospheric Administration (NOAA), CFR 622.193(f)(1), NMFS is required to
This action is taken under 50 CFR Commerce. close the commercial sector for
622.193(k)(1) and is exempt from review ACTION: Temporary rule; closure.
vermilion snapper when the commercial
under Executive Order 12866. quota for that 6-month period of the
fishing year has been reached, or is
nlaroche on DSK9F9SC42PROD with RULES
These measures are exempt from the SUMMARY: NMFS implements an
procedures of the Regulatory Flexibility accountability measure (AM) for the projected to be reached, by filing a
Act, because the temporary rule is commercial sector for vermilion snapper notification to that effect with the Office
issued without opportunity for prior in the South Atlantic exclusive of the Federal Register. NMFS has
notice and comment. economic zone (EEZ). NMFS projects determined that the commercial quota
This action responds to the best that commercial landings of vermilion for South Atlantic vermilion snapper for
scientific information available. The snapper will reach the commercial the July through December fishing
VerDate Sep<11>2014 15:07 Oct 12, 2017 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\13OCR1.SGM 13OCR1](https://thefederalregister.org/doc/82_FR_47837/page/2.svg)
Document Created: 2017-10-13 04:33:18
Document Modified: 2017-10-13 04:33:18
| 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 at 12:01 a.m., local time, October 18, 2017, until 12:01 a.m., local time, March 1, 2018. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 47640 | |
| RIN Number | 0648-XF72 |
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