[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Rules and Regulations]
[Page 36102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16378]



[[Page 36102]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XF581


Snapper-Grouper Fishery of the South Atlantic; 2017 Commercial 
Accountability Measure and Closure for the South Atlantic Other Jacks 
Complex (Lesser Amberjack, Almaco Jack, and Banded Rudderfish)

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
commercial sector for the Other Jacks Complex (lesser amberjack, almaco 
jack, and banded rudderfish) in the South Atlantic for the 2017 fishing 
year through this temporary rule. NMFS projects that commercial 
landings of the Other Jacks complex will reach their combined 
commercial annual catch limit (ACL) by August 4, 2017. Therefore, NMFS 
closes the commercial sector for this complex on August 4, 2017, 
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, August 4, 2017, 
until 12:01 a.m., local time, January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes lesser amberjack, almaco jack, and banded rudderfish, 
which combined are the Other Jacks Complex, and 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 by NMFS 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 Other Jacks Complex is 189,422 
lb (85,920 kg), round weight. Under 50 CFR 622.193(l)(1)(i), NMFS is 
required to close the commercial sector for the Other Jacks 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 its ACL by August 4, 2017. 
Therefore, this temporary rule implements an AM to close the commercial 
sector for the Other Jacks Complex in the South Atlantic, effective 
12:01 a.m., local time, August 4, 2017.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having lesser amberjack, almaco jack, or 
banded rudderfish on board must have landed and bartered, traded, or 
sold such species prior to 12:01 a.m., local time, August 4, 2017. 
During the closure, the recreational 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 recreational 
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, regardless of 
whether such species were harvested 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.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the fish in the Other Jacks 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)(i) 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 public 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 
the Other Jacks 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 are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule implementing the AM itself 
has been 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 Other Jacks Complex since the capacity of the 
fishing fleet allows for rapid harvest of the commercial 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.Comm
    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 31, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-16378 Filed 7-31-17; 4:15 pm]
 BILLING CODE 3510-22-P