[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Rules and Regulations]
[Page 14202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06732]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XG110


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2018 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.

-----------------------------------------------------------------------

SUMMARY: NMFS implements accountability measures (AMs) for commercial 
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for 
the 2018 fishing year through this temporary rule. NMFS has determined 
greater amberjack landings have exceeded the 2018 commercial annual 
catch target (ACT). Therefore, the commercial sector fishing season for 
greater amberjack in the Gulf exclusive economic zone (EEZ) will not 
re-open on June 1, 2018, the end of the commercial seasonal closure, 
and the sector will remain closed until the start of the next 
commercial fishing season on January 1, 2019. This closure is necessary 
to protect the Gulf greater amberjack resource.

DATES: This rule is effective 12:01 a.m., local time, June 1, 2018, 
until 12:01 a.m., local time, January 1, 2019.

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 2018 commercial annual catch limit (ACL) for Gulf greater 
amberjack is 319,140 lb (144,759 kg), as specified in 50 CFR 
622.41(a)(1)(iii). The 2018 commercial quota (equivalent to the 
commercial ACT) is 277,651 lb (125,940.38 kg), as specified in 50 CFR 
622.39(a)(1)(v). Additionally, the greater amberjack commercial sector 
is closed each year during the months of March, April, and May as 
specified in 50 CFR 622.36(a).
    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 that as of March 15, 2018, 106.4 percent of the 2018 
commercial ACT has been reached. Accordingly, NMFS is closing 
commercial harvest of greater amberjack from the Gulf EEZ for the 
remainder of the 2018 fishing year effective 12:01 a.m., local time, 
June 1, 2018, until 12:01 a.m., local time, January 1, 2019. This means 
that the commercial sector for Gulf greater amberjack will not re-open 
on June 1, 2018.
    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, March 1, 2018, and were held in cold storage by a dealer or 
processor. The commercial sector for greater amberjack will re-open on 
January 1, 2019, the beginning of the 2019 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 EEZ. Additionally, the 
recreational sector for greater amberjack is closed until May 1, 2018. 
During the 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 there 
is 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). Such procedures are unnecessary because the rule 
establishing the requirement to close the commercial sector when the 
commercial ACT is reached or projected to be reached was subject to 
notice and comment, and NMFS must now notify the public of the closure.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: March 29, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-06732 Filed 4-2-18; 8:45 am]
 BILLING CODE 3510-22-P