[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Rules and Regulations]
[Pages 38476-38477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15929]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XD350


Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial 
Accountability Measure and Closure for the South Atlantic Lesser 
Amberjack, Almaco Jack, and Banded Rudderfish Complex

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 the 
commercial sector for the lesser amberjack, almaco jack, and banded 
rudderfish complex in the South Atlantic for the 2014 fishing year 
through this temporary rule. Commercial landings for the lesser 
amberjack, almaco jack, and banded rudderfish complex, as estimated by 
the Science and Research Director (SRD), are projected to reach their 
combined commercial annual catch limit (ACL) on July 15, 2014. 
Therefore, NMFS closes the commercial sector for this complex on July 
15, 2014, 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, July 15, 2014, 
until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes the lesser amberjack, almaco jack, and banded 
rudderfish complex, 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 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 lesser amberjack, almaco jack, 
and banded rudderfish complex is 189,422 lb (85,920 kg), round weight. 
Under 50 CFR 622.193(l)(1), NMFS is required to close the commercial 
sector for the lesser amberjack, almaco jack, and banded rudderfish 
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 the ACL on July 15, 2014. Therefore, 
this temporary rule implements an AM to close the commercial sector for 
the lesser amberjack, almaco jack, and banded rudderfish complex in the 
South Atlantic, effective 12:01 a.m., local time, July 15, 2014.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having lesser amberjack, almaco jack, or 
banded rudderfish onboard must have landed and bartered, traded, or 
sold such species prior to 12:01 a.m., local time, July 15, 2014. 
During the closure, the 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 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, without regard to where such species 
were harvested, i.e., 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. The prohibition on sale or 
purchase does not apply to the sale or purchase of lesser amberjack, 
almaco jack, or banded rudderfish that were harvested, landed ashore, 
and sold prior to 12:01 a.m., local time, July 15, 2014, and were held 
in cold storage by a dealer or processor.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the lesser amberjack, almaco jack, and banded rudderfish 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) 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 available scientific information 
recently obtained from the fishery. The Assistant Administrator for 
Fisheries, NOAA, (AA), finds that the need to immediately implement 
this action to close the commercial sector for the lesser amberjack, 
almaco jack, and banded rudderfish 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 would be unnecessary and contrary to the 
public interest. Such procedures would be unnecessary because the rule 
itself has been subject to notice and comment, and all that remains is 
to notify the public of the closure.
    Allowing prior notice and opportunity for public comment is 
contrary to the public interest because of the need to immediately 
implement this action to protect the lesser amberjack, almaco jack, and 
banded rudderfish complex because the capacity of the fishing fleet 
allows for

[[Page 38477]]

rapid harvest of the 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.
    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 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-15929 Filed 7-7-14; 8:45 am]
BILLING CODE 3510-22-P