[Federal Register Volume 79, Number 158 (Friday, August 15, 2014)]
[Rules and Regulations]
[Pages 48095-48096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19343]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XD422


Reef Fish Fishery of the Gulf of Mexico; 2014 Commercial and 
Recreational Accountability Measures and Closures 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 
and recreational greater amberjack in the Gulf of Mexico (Gulf) reef 
fish fishery for the 2014 fishing year through this temporary final 
rule. This rule adjusts the 2014 recreational annual catch target (ACT) 
(equal to the recreational quota) and annual catch limit (ACL), based 
on final landings data from 2013, and closes the commercial and 
recreational sectors for Gulf greater amberjack. NMFS has determined 
that the commercial and recreational annual catch targets (ACTs) (equal 
to the commercial and recreational quotas, respectively) for Gulf 
greater amberjack will be reached by August 24, 2014. Therefore, NMFS 
closes the commercial and recreational sectors for greater amberjack in 
the Gulf exclusive economic zone (EEZ) at 12:01 a.m., local time, 
August 25, 2014, until January 1, 2015. These closures are necessary to 
protect the Gulf greater amberjack resource.

DATES: This rule is effective 12:01 a.m., local time on August 25, 
2014, until 12:01 a.m., local time on January 1, 2015, unless changed 
by subsequent notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, Southeast Regional 
Office, telephone 727-824-5305, 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, which are equal to whole weight.
    The commercial ACL for Gulf greater amberjack is 481,000 lb 
(218,178 kg), as specified in 50 CFR 622.41(a)(1), and the commercial 
ACT (equivalent to the commercial quota) is 409,000 lb (185,519 kg), as 
specified in 50 CFR 622.39(a)(1)(v).
    The 2014 recreational ACL for Gulf greater amberjack is 1,299,000 
lb (589,216 kg) and the recreational ACT (recreational quota) is 
1,130,000 lb (512,559 kg) as specified in 50 CFR 622.41(a)(2)(iii) and 
50 CFR 622.39(a)(2)(ii), respectively. However, because preliminary 
landings data indicated an overage of the recreational ACL of 267,488 
lb (121,331 kg) in 2013, NMFS implemented AMs to reduce the 
recreational ACT and ACL in 2014. The recreational ACT was reduced to 
862,512 lb (391,229 kg) for 2014 and the recreational ACL was reduced 
to 1,031,512 lb (467,886 kg) for 2014 through a temporary rule (79 FR 
22594, April 23, 2014). Landings data for the recreational sector were 
finalized in May 2014, and NMFS determined the final recreational 
overage was 241,171 lb (109,393 kg). Therefore, this rule increases the 
recreational ACL for 2014 to 1,057,829 lb (479,823 kg), and increases 
the recreational ACT for 2014 to 888,829 lb (403,166 kg).
    Under 50 CFR 622.41(a)(1)(i) and 50 CFR 622.41(a)(2)(i), NMFS is 
required to close the commercial and recreational

[[Page 48096]]

sectors for greater amberjack, respectively, when the commercial ACT 
and recreational ACT, respectively, are reached, or are projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. NMFS has determined the 2014 commercial ACT and the 
2014 recreational ACT will be reached by August 24, 2014. Accordingly, 
NMFS closes the commercial and recreational sectors for Gulf greater 
amberjack effective 12:01 a.m., local time, August 25, 2014, until 
12:01 a.m., local time, January 1, 2015, unless changed by subsequent 
notification in the Federal Register.
    The operator of a vessel with a valid commercial vessel permit for 
Gulf reef fish having greater amberjack aboard must have landed, 
bartered, traded, or sold such greater amberjack prior to 12:01 a.m., 
local time, August 25, 2014. During the commercial closure, the sale or 
purchase of greater amberjack taken from the EEZ is prohibited. During 
the recreational closure, the bag and possession limit of greater 
amberjack in or from the Gulf EEZ is zero. The prohibition on sale or 
purchase and the bag and possession limit apply in the Gulf on board a 
vessel for which a valid Federal charter vessel/headboat permit for 
Gulf reef fish has been issued, without regard to where such species 
were harvested, i.e. in state or Federal waters. 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, August 25, 2014, and were held in cold storage by a 
dealer or processor.
    The commercial and recreational sectors for greater amberjack will 
reopen on January 1, 2015, the beginning of the 2015 commercial and 
recreational fishing seasons.

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 (2) 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. 
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule because such procedures are unnecessary and 
contrary to the public interest. Prior notice and opportunity for 
public comment is unnecessary because the AMs specified in 50 CFR 
622.39(a)(1)(v) and (a)(2)(ii) state that NMFS will file a notification 
with the Office of the Federal Register to close the commercial and 
recreational sectors for Gulf greater amberjack for the remainder of 
the fishing year if commercial and recreational landings, respectively, 
reach or are projected to reach the commercial recreational ACTs, 
respectively. All that remains is to notify the public of the reduced 
commercial and recreational fishing seasons for greater amberjack for 
the remainder of the fishing year.
    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 greater amberjack resource. Any 
delay in the closure of the commercial and recreational sectors could 
result in the ACLs being exceeded. The AMs state that if commercial and 
recreational landings exceed the ACL, NMFS will file a notification 
with the Office of the Federal Register, at or near the beginning of 
the following fishing year, to reduce the commercial and recreational 
ACLs and the ACTs for that following fishing year by the amount of the 
ACL overages in the prior fishing year. Reducing the commercial and 
recreational ACLs and ACTs the following fishing season could be 
disruptive to business plans and would provide less flexibility to 
fishermen.
    For the aforementioned reasons, the Assistant Administrator, NMFS, 
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: August 11, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-19343 Filed 8-12-14; 11:15 am]
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