[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Rules and Regulations]
[Pages 68373-68374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27051]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120924488-3671-02]
RIN 0648-XD599


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial 
Accountability Measure and Closure for South Atlantic Gag

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 gag in the exclusive economic zone (EEZ) of the 
South Atlantic. Commercial landings for gag, as estimated by the 
Science Research Director, are projected to reach the commercial annual 
catch limit (ACL). Therefore, NMFS closes the commercial sector for gag 
in the South Atlantic EEZ on November 21, 2014, for the remainder of 
the 2014 fishing year, through December 31, 2014. This action is 
necessary to protect the South Atlantic gag resource.

DATES: This rule is effective 12:01 a.m., local time, November 21, 
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 gag, 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 commercial ACL or commercial quota (quota) for gag in the South 
Atlantic is 326,722 lb (148,199 kg), gutted weight, for the current 
fishing year, as specified in 50 CFR 622.190(a)(7).
    In accordance with regulations at 50 CFR 622.193(c)(1), NMFS is 
required to close the commercial sector for gag when the quota 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 projected 
that the quota for South Atlantic gag will be reached on November 21, 
2014. Accordingly, the commercial sector for South Atlantic gag is 
closed effective 12:01 a.m., local time, November 21, 2014, until 12:01 
a.m., local time, January 1, 2015. The recreational sector will 
continue to remain open through December 31, 2014.
    Additionally, a seasonal closure is in place for the recreational 
and commercial sectors for gag from January through April each year as 
specified in 50 CFR 622.183(b)(1). During the seasonal closure, no 
person may fish for, harvest, or possess any gag in or from the South 
Atlantic EEZ. Therefore, the 2015 commercial gag season will not start 
until May 1, 2015.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having gag onboard must have landed and 
bartered, traded, or sold such gag prior to 12:01 a.m., local time, 
November 21, 2014. During this commercial closure, the bag limit and 
possession limits specified in 50 CFR 622.187(b)(2)(i) and (c)(1), 
respectively, apply to all harvest or possession of gag in or from the 
South Atlantic EEZ, and the sale or purchase of gag taken from the EEZ 
is prohibited. The prohibition on sale or purchase does not apply to 
the sale or purchase of gag that were harvested, landed ashore, and 
sold prior to 12:01 a.m., local time, November 21, 2014, and were held 
in cold storage by a dealer or processor. For a person on board a 
vessel for which NMFS has issued a valid Federal commercial or charter 
vessel/headboat permit for South Atlantic snapper-grouper species, the 
sale and purchase provisions of the commercial closure and the bag and 
possession limits apply regardless of whether the fish are harvested in 
state or Federal waters, as specified in 50 CFR 622.190(c)(1).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic gag and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.193(c)(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

[[Page 68374]]

without opportunity for prior notice and comment.
    This action responds to the best scientific information available 
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 gag 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 
itself has been subject to notice and comment, and all that remains is 
to notify the public of the closure. Additionally, 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 gag since the capacity of the fishing fleet allows for rapid 
harvest of the quota. Prior notice and opportunity for public comment 
would require time and would potentially result in a harvest well in 
excess of the established 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: November 10, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-27051 Filed 11-12-14; 4:15 pm]
BILLING CODE 3510-22-P