[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 28013-28014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12746]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XF493


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 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 2017 fishing year through this temporary rule. NMFS projects 
commercial landings for greater amberjack will reach the commercial 
annual catch target (ACT) by June 20, 2017. Therefore, NMFS closes the 
commercial sector for greater amberjack in the Gulf on June 20, 2017, 
and it will remain closed until the start of the next fishing year on 
January 1, 2018. This closure is necessary to protect the Gulf greater 
amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, June 20, 2017, 
until 12:01 a.m., local time, January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, 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 464,400 lb (210,648 kg), as specified in 50 CFR 622.41(a)(1)(iii). 
The commercial quota (equivalent to the commercial ACT) is 394,740 lb 
(179,051 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 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 will be reached by June 20, 2017. 
Accordingly, the commercial sector for Gulf greater amberjack is closed 
effective 12:01 a.m., local time, June 20, 2017, until 12:01 a.m., 
local time, January 1, 2018.
    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, June 20, 2017.

[[Page 28014]]

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, June 20, 2017, and were held in cold storage by a dealer or 
processor. The commercial sector for greater amberjack will reopen on 
January 1, 2018, the beginning of the 2018 greater amberjack commercial 
fishing season.
    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, the recreational sector for greater amberjack closed on March 
24, 2017, until the start of the next fishing year on January 1, 2018 
(82 FR 14477, March 21, 2017). During this recreational closure, the 
bag and possession limits for greater amberjack in or from the Gulf EEZ 
are zero.

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 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 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 the greater amberjack stock. The 
capacity of the commercial sector allows for rapid harvest of the 
commercial quota, and prior notice and opportunity for public comment 
would require time and would potentially result in harvest exceeding 
the 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: June 14, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-12746 Filed 6-14-17; 4:45 pm]
BILLING CODE 3510-22-P