82 FR 50322 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; 2017 Recreational Accountability Measure and Closure for Greater Amberjack
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 209 (October 31, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 209 (October 31, 2017)
| Page Range | 50322-50323 | |
| FR Document | 2017-23667 |
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)] [Rules and Regulations] [Pages 50322-50323] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-23667] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140819686-5999-02] RIN 0648-XF779 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; 2017 Recreational Accountability Measure and Closure for Greater Amberjack 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 recreational sector of greater amberjack in the South Atlantic exclusive economic zone (EEZ) through this temporary rule. NMFS estimates that recreational landings have reached the recreational annual catch limit (ACL) for greater amberjack in the South Atlantic. Therefore, NMFS closes the recreational sector for greater amberjack in the South Atlantic EEZ for the remainder of the current fishing year (see DATES). This closure is necessary to protect the greater amberjack resource in the South Atlantic. DATES: This rule is effective from 12:01 a.m., local time, October 31, 2017, until 12:01 a.m. local time, on March 1, 2018. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: mary.vara@noaa.gov. 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 (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 recreational ACL for South Atlantic greater amberjack is 1,167,837 lb (529,722 kg), round weight, as specified at 50 CFR 622.193(k)(2)(i). The fishing year for South Atlantic greater amberjack is from March 1 through the end of February (50 CFR 622.7(d)). Under the recreational AM at 50 CFR 622.193(k)(2)(i), when landings of the greater amberjack recreational sector reach, or are projected to reach, its ACL, NMFS is required to close the recreational sector for greater amberjack by filing a notification to that effect with the Office of the Federal Register unless NMFS determines that no closure is necessary based on the best scientific information available. NMFS has determined that the recreational ACL has been reached in the current fishing year of March 1, 2017, through February 28, 2018, and that a closure is necessary. Therefore, this temporary rule implements an AM to close the greater amberjack recreational sector in the South Atlantic for the remainder of the current fishing year. As a result, the recreational sector for greater amberjack in the South Atlantic EEZ will close effective at 12:01 a.m., local time October 31, 2017. On October 18, 2017, NMFS closed the commercial sector of greater amberjack in the South Atlantic because the sector had reached the commercial quota (equivalent to the commercial ACL) (82 FR 47640, October 13, 2017). Because the commercial sector for South Atlantic greater amberjack has already closed for the remainder of the current fishing year, all harvest of South Atlantic greater amberjack will end on October 31, 2017. Both the commercial and recreational sectors for South Atlantic greater amberjack will reopen on March 1, 2018, the start of the next fishing year. During this closure, the bag and possession limits for greater amberjack in or from the South Atlantic EEZ are zero. The prohibition on harvest or possession of greater amberjack applies on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic [[Page 50323]] snapper-grouper has been issued, without regard to where the greater amberjack was harvested or possessed, i.e., in state or Federal waters. Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of South Atlantic greater amberjack and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(k)(2)(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 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 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 South Atlantic 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: October 26, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-23667 Filed 10-26-17; 4:15 pm] BILLING CODE 3510-22-P
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collection of information subject to the business data services that will remain SUPPLEMENTARY INFORMATION: The
Paperwork Reduction Act that does not tariffed. Additionally, the Order snapper-grouper fishery of the South
display a current, valid OMB Control adopted an X-factor of two percent and Atlantic includes greater amberjack and
Number. The OMB Control Number is required price cap ILECs to make a one- is managed under the Fishery
3060–0400. time filing to revise their TRPs to Management Plan for the Snapper-
The foregoing notice is required by implement the new X-factor to become Grouper Fishery of the South Atlantic
the Paperwork Reduction Act of 1995, effective on December 1, 2017. In Region (FMP). The FMP was prepared
Public Law 104–13, October 1, 1995, particular, the Commission amended by the South Atlantic Fishery
and 44 U.S.C. 3507. § 61.45(b)(1)(iv) of its rules to state that Management Council (Council) and is
The total annual reporting burdens the X-factor shall equal 2 percent implemented by NMFS under the
and costs for the respondents are as effective December 1, 2017. To ease the authority of the Magnuson-Stevens
follows: burden on industry, the only factor that Fishery Conservation and Management
OMB Control Number: 3060–0400. changes in the revised TRPs is the Act (Magnuson-Stevens Act) by
OMB Approval Date: October 13, X-factor. Base period demand and the regulations at 50 CFR part 622.
2017. value of GDP–PI will stay constant for The recreational ACL for South
OMB Expiration Date: October 31, this particular filing. Atlantic greater amberjack is 1,167,837
2020. Federal Communications Commission. lb (529,722 kg), round weight, as
Title: Part 61, Tariff Review Plan. specified at 50 CFR 622.193(k)(2)(i). The
Marlene H. Dortch,
Form Number: N/A. fishing year for South Atlantic greater
Respondents: Business or other for- Secretary, Office of the Secretary.
amberjack is from March 1 through the
profit entities. [FR Doc. 2017–23621 Filed 10–30–17; 8:45 am] end of February (50 CFR 622.7(d)).
Number of Respondents and BILLING CODE 6712–01–P Under the recreational AM at 50 CFR
Responses: 2,749 respondents; 4,165 622.193(k)(2)(i), when landings of the
responses. greater amberjack recreational sector
Estimated Time per Response: 0.50 DEPARTMENT OF COMMERCE reach, or are projected to reach, its ACL,
hours—53 hours. NMFS is required to close the
Frequency of Response: One-time, National Oceanic and Atmospheric recreational sector for greater amberjack
biennial and on-occasion reporting Administration by filing a notification to that effect with
requirements. the Office of the Federal Register unless
Obligation to Respond: Required to 50 CFR Part 622 NMFS determines that no closure is
obtain or retain benefits. Statutory [Docket No. 140819686–5999–02] necessary based on the best scientific
authority for this information collection information available.
(IC) is contained in 47 U.S.C. 10(a) of RIN 0648–XF779 NMFS has determined that the
the Communications Act of 1934, as recreational ACL has been reached in
Fisheries of the Caribbean, Gulf of
amended. the current fishing year of March 1,
Mexico, and South Atlantic; Snapper-
Total Annual Burden: 60,878 hours. 2017, through February 28, 2018, and
Total Annual Cost: No Cost. Grouper Fishery of the South Atlantic;
2017 Recreational Accountability that a closure is necessary. Therefore,
Nature and Extent of Confidentiality: this temporary rule implements an AM
Respondents are not being asked to Measure and Closure for Greater
Amberjack to close the greater amberjack
submit confidential information to the recreational sector in the South Atlantic
Commission. If the Commission AGENCY: National Marine Fisheries for the remainder of the current fishing
requests respondents to submit Service (NMFS), National Oceanic and year. As a result, the recreational sector
information which respondents believe Atmospheric Administration (NOAA), for greater amberjack in the South
are confidential, respondents may Commerce. Atlantic EEZ will close effective at 12:01
request confidential treatment of such ACTION: Temporary rule; closure. a.m., local time October 31, 2017.
information under 47 CFR 0.459 of the On October 18, 2017, NMFS closed
Commission’s rules. SUMMARY: NMFS implements an the commercial sector of greater
Privacy Act: No impact(s). accountability measure (AM) for the amberjack in the South Atlantic because
Needs and Uses: The Commission has recreational sector of greater amberjack the sector had reached the commercial
developed standardized Tariff Review in the South Atlantic exclusive quota (equivalent to the commercial
Plans (TRPs) that set forth the summary economic zone (EEZ) through this ACL) (82 FR 47640, October 13, 2017).
material that incumbent LECs (LECs) temporary rule. NMFS estimates that Because the commercial sector for South
file to support revisions to the rates in recreational landings have reached the Atlantic greater amberjack has already
their interstate access service tariffs. The recreational annual catch limit (ACL) for closed for the remainder of the current
TRPs display basic data on rate greater amberjack in the South Atlantic. fishing year, all harvest of South
development in a consistent manner, Therefore, NMFS closes the recreational Atlantic greater amberjack will end on
thereby facilitating review of the sector for greater amberjack in the South October 31, 2017. Both the commercial
incumbent LEC rate revisions by the Atlantic EEZ for the remainder of the and recreational sectors for South
Commission and interested parties. The current fishing year (see DATES). This Atlantic greater amberjack will reopen
TRPs have served this purpose closure is necessary to protect the on March 1, 2018, the start of the next
effectively in past years. greater amberjack resource in the South fishing year.
On April 20, 2017, the Commission Atlantic. During this closure, the bag and
DATES: This rule is effective from 12:01 possession limits for greater amberjack
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adopted the Business Data Services
Report and Order, FCC 17–43, reforming a.m., local time, October 31, 2017, until in or from the South Atlantic EEZ are
the business data services/special access 12:01 a.m. local time, on March 1, 2018. zero. The prohibition on harvest or
regulations for incumbent and FOR FURTHER INFORMATION CONTACT: possession of greater amberjack applies
competitive LECs by detariffing certain Mary Vara, NMFS Southeast Regional on board a vessel for which a valid
business data services and modifying Office, telephone: 727–824–5305, email: Federal commercial or charter vessel/
the regulatory obligations for those mary.vara@noaa.gov. headboat permit for South Atlantic
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![Federal Register / Vol. 82, No. 209 / Tuesday, October 31, 2017 / Rules and Regulations 50323
snapper-grouper has been issued, This action responds to the best because of the need to immediately
without regard to where the greater scientific information available. The implement this action to protect South
amberjack was harvested or possessed, Assistant Administrator for NOAA Atlantic greater amberjack. Prior notice
i.e., in state or Federal waters. Fisheries (AA) finds that the need to and opportunity for public comment
Classification immediately implement this action to would require time and would
close the recreational sector for greater potentially allow the recreational sector
The Regional Administrator for the amberjack constitutes good cause to to exceed the recreational ACL.
NMFS Southeast Region has determined waive the requirements to provide prior
this temporary rule is necessary for the For the aforementioned reasons, the
notice and opportunity for public AA also finds good cause to waive the
conservation and management of South
comment on this temporary rule 30-day delay in the effectiveness of this
Atlantic greater amberjack and is
consistent with the Magnuson-Stevens pursuant to the authority set forth in 5 action under 5 U.S.C. 553(d)(3).
Act and other applicable laws. U.S.C. 553(b)(B), because such
procedures are unnecessary and Authority: 16 U.S.C. 1801 et seq.
This action is taken under 50 CFR
622.193(k)(2)(i) and is exempt from contrary to the public interest. Such Dated: October 26, 2017.
review under Executive Order 12866. procedures are unnecessary because the Emily H. Menashes,
These measures are exempt from the rule implementing the AM itself has Acting Director, Office of Sustainable
procedures of the Regulatory Flexibility been subject to notice and comment, Fisheries, National Marine Fisheries Service.
Act because the temporary rule is issued and all that remains is to notify the [FR Doc. 2017–23667 Filed 10–26–17; 4:15 pm]
without opportunity for prior notice and public of the closure. Such procedures
BILLING CODE 3510–22–P
comment. are contrary to the public interest
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VerDate Sep<11>2014 15:53 Oct 30, 2017 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 9990 E:\FR\FM\31OCR1.SGM 31OCR1](https://thefederalregister.org/doc/82_FR_50531/page/2.svg)
Document Created: 2018-10-25 10:17:43
Document Modified: 2018-10-25 10:17:43
| 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 from 12:01 a.m., local time, October 31, 2017, until 12:01 a.m. local time, on March 1, 2018. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 50322 | |
| RIN Number | 0648-XF77 |
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