[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Rules and Regulations]
[Pages 41018-41019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17719]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XG420


Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial 
Accountability Measure and Closure for the Other Jacks Complex

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 Other 
Jacks Complex commercial sector in the exclusive economic zone (EEZ) of 
the South Atlantic for the 2018 fishing year through this temporary 
rule. The Other Jacks Complex is composed of the lesser amberjack, 
almaco jack, and banded rudderfish. NMFS projects that commercial 
landings of the Other Jacks Complex will reach the combined commercial 
annual catch limit (ACL) by August 22, 2018. Therefore, NMFS closes the 
commercial sector for this complex in the South Atlantic EEZ, on August 
22, 2018, and it will remain closed until the start of the next fishing 
year on January 1, 2019. This closure is

[[Page 41019]]

necessary to protect the lesser amberjack, almaco jack, and banded 
rudderfish resources.

DATES: This temporary rule is effective at 12:01 a.m., local time, on 
August 22, 2018, until 12:01 a.m., local time, on January 1, 2019.

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. The Other Jacks Complex 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 22, 2018. 
Therefore, this temporary rule implements an AM to close the commercial 
sector for the Other Jacks Complex in the South Atlantic, effective at 
12:01 a.m., local time, on August 22, 2018.
    The operator of a vessel with a valid commercial 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, on August 22, 2018. 
During the commercial 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, 
while the recreational sector is open. 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 
commercial closure, the sale or purchase of lesser amberjack, almaco 
jack, or banded rudderfish taken from the South Atlantic EEZ is 
prohibited.

Classification

    The Regional Administrator for the NMFS Southeast Region 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 species in 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.
    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: August 13, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-17719 Filed 8-16-18; 8:45 am]
 BILLING CODE 3510-22-P