[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Rules and Regulations]
[Pages 39715-39716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16863]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XE028


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 Commercial Accountability Measure and Closure 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 
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for 
the 2015 fishing year through this temporary rule. NMFS projects 
commercial landings for greater amberjack, will reach the commercial 
ACT (commercial quota) by July 19, 2015. Therefore, NMFS closes the 
commercial sector for greater amberjack in the Gulf on July 19, 2015, 
and it will remain closed until the start of the next fishing season on 
January 1, 2016. This closure is necessary to protect the Gulf greater 
amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, July 19, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast 
Regional Office, telephone: 727-824-5305, or 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.
    The commercial annual catch limit (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).
    Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the 
commercial sector for greater amberjack when the commercial ACT 
(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 has determined the commercial ACT (commercial quota) will be 
reached by July 19, 2015. Accordingly, the commercial sector for Gulf 
greater amberjack is closed effective 12:01 a.m., local time, July 19, 
2015, until 12:01 a.m., local time, January 1, 2016.
    The operator of a vessel with a valid commercial vessel permit for 
Gulf reef fish with greater amberjack on board must have landed, 
bartered, traded, or sold such greater amberjack prior to 12:01 a.m., 
local time, July 19, 2015. During the commercial closure, the bag and 
possession limits specified in 50 CFR 622.38(b)(1), apply to all 
harvest or possession of greater amberjack in or from the Gulf 
exclusive economic zone (EEZ). However, from June 1 through July 31 
each year, the recreational sector for greater amberjack is also 
closed, as specified in 50 CFR 622.34(c), and during this recreational 
closure, the bag and possession limits for greater amberjack in or from 
the Gulf EEZ are zero. During the commercial closure, the sale or 
purchase of greater amberjack taken from the EEZ is prohibited. 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, July 19, 2015, and were held in cold storage 
by a dealer or processor. The commercial sector for greater amberjack 
will reopen on January 1, 2016, the beginning of the 2016 commercial 
fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the Gulf greater amberjack component of the Gulf reef fish fishery and 
is consistent with the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.41(a)(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 Fisheries, NOAA (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 rule establishing the 
closure provisions was 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. The capacity of the 
commercial sector allows for rapid harvest of the commercial ACT 
(commercial quota), and prior notice and opportunity for public comment 
would require time and would potentially result in harvest exceeding 
the commercial ACT (commercial quota) and commercial ACL.
    For the aforementioned reasons, the AA also finds good cause to 
waive the

[[Page 39716]]

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 6, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-16863 Filed 7-7-15; 4:15 pm]
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