[Federal Register Volume 84, Number 57 (Monday, March 25, 2019)]
[Rules and Regulations]
[Pages 10995-10996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05517]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 171017999-8262-01]
RIN 0648-XG871


Reef Fish Fishery of the Gulf of Mexico; 2019 Recreational 
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 an accountability measure (AM) for the greater 
amberjack recreational sector in the exclusive economic zone (EEZ) of 
the Gulf of Mexico (Gulf) for the 2018-2019 fishing year through this 
temporary rule. NMFS has determined that for the 2018-2019 fishing 
year, the recreational annual catch target (ACT) for Gulf greater 
amberjack has been met; therefore, the greater amberjack recreational 
season in the Gulf EEZ will not re-open on May 1, 2019, and will remain 
closed for the remainder of the current fishing year. This closure is 
necessary to protect the Gulf greater amberjack resource.

DATES: This rule is effective from 12:01 a.m., local time, May 1, 2019, 
until 12:01 a.m., local time, on August 1, 2019.

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

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes greater amberjack, under the Fishery Management Plan for 
the Reef Fish Resources of the Gulf (FMP). The FMP was prepared by the 
Gulf of Mexico Fishery Management Council (Council) and is implemented 
by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) through 
regulations at 50 CFR part 622. All greater amberjack weights discussed 
in this temporary rule are in round weight.
    The recreational fishing year for Gulf greater amberjack is August 
1 through July 31 each year. The 2018-2019 recreational ACL for Gulf 
greater amberjack specified in 50 CFR 622.41(a)(2)(iii) is 1,086,970 lb 
(493,041 kg), and the recreational ACT specified

[[Page 10996]]

in 50 CFR 622.39(a)(2)(ii)(B) is 902,185 lb (409,224 kg).
    Regulations at 50 CFR 622.34(c) designate a seasonal closure for 
Gulf greater amberjack from November 1 to April 30 each fishing year 
before allowing recreational harvest during the month of May. However, 
under 50 CFR 622.41(a)(2)(i), NMFS is required to close the 
recreational sector for greater amberjack when the recreational 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 for the 2018-2019 fishing year, the recreational ACT has been met. 
Accordingly, the recreational sector for Gulf greater amberjack will 
not re-open on May 1, 2019, and the recreational season will remain 
closed for the rest of the 2018-2019 fishing year, which ends on July 
31, 2019.
    During the recreational closure, the bag and possession limits for 
greater amberjack in or from the Gulf EEZ are zero. The prohibition on 
possession in the Gulf on board a vessel for which a valid Federal 
charter vessel/headboat permit for Gulf reef fish has been issued 
applies regardless of whether greater amberjack were harvested in state 
or Federal waters.
    The recreational sector for greater amberjack will reopen on August 
1, 2019, the beginning of the 2019-2020 recreational fishing year.

Classification

    The Regional Administrator for the NMFS Southeast Region 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)(2)(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 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 recreational sector 
for greater amberjack constitutes good cause to waive the requirements 
to provide prior notice and opportunity for public comment on this 
temporary rule pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), because such procedures are 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. Prior 
notice and opportunity for public comment would require time and would 
potentially allow the recreational sector to exceed the recreational 
ACL.

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

    Dated: March 19, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-05517 Filed 3-20-19; 8:45 am]
 BILLING CODE 3510-22-P