[Federal Register Volume 84, Number 95 (Thursday, May 16, 2019)]
[Rules and Regulations]
[Pages 22073-22074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10131]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1206013412-2517-02]
RIN 0648-XG771
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2019 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 2019 fishing year through this temporary rule. NMFS has determined
that Gulf greater amberjack landings in 2018 exceeded the commercial
annual catch target (ACT) and landings will have met the adjusted 2019
commercial ACT by June 9, 2019. Therefore, the commercial fishing
season for greater amberjack in the Gulf exclusive economic zone (EEZ)
will close on June 9, 2019, and the sector will remain closed until the
start of the next commercial fishing season on January 1, 2020. This
closure is necessary to protect the Gulf greater amberjack resource.
DATES: This rule is effective 12:01 a.m., local time, June 9, 2019,
until 12:01 a.m., local time, January 1, 2020.
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 2019 commercial annual catch limit (ACL) for Gulf greater
amberjack is 402,030 lb (182,358 kg), as specified in 50 CFR
622.41(a)(1)(iii). The 2019 commercial quota (equivalent to the
commercial ACT) is 349,766 lb (158,651 kg), as specified in 50 CFR
622.39(a)(1)(v)(B). However, NMFS has determined that in 2018, the
commercial harvest of greater amberjack exceeded the 2018 commercial
ACL of 319,140 lb (144,759 kg) by 12,263 lb (5,562 kg). Under 50 CFR
622.41(a)(1)(ii), NMFS is required to reduce the commercial ACL and the
commercial ACT for greater amberjack in the year following an overage
of the commercial ACL, by the amount of the overage. Therefore, NMFS
adjusts the 2019 commercial ACL for greater amberjack to 389,767 lb
(176,795 kg) and the 2019 commercial ACT to 337,503 lb (153,089 kg).
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
[[Page 22074]]
determined that as of June 9, 2019, the adjusted 2019 commercial ACT
will have been reached. Accordingly, NMFS closes commercial harvest of
greater amberjack from the Gulf EEZ effective 12:01 a.m., local time,
June 9, 2019, until 12:01 a.m., local time, January 1, 2020.
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 9, 2019, and were held in cold storage by a dealer or
processor. The commercial sector for greater amberjack will re-open on
January 1, 2020, the beginning of the 2020 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. However, the recreational
sector for greater amberjack was closed on May 1, 2019. During the
recreational closure, the bag and possession limits for greater
amberjack in or from the Gulf EEZ are zero. Therefore, there is no
recreational harvest of greater amberjack in the Gulf EEZ until August
1, 2019, the start of the recreational fishing season.
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) because prior notice and opportunity for public
comment on this temporary rule is unnecessary and contrary to the
public interest. 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 all that remains is to notify the public of the
commercial closure. Providing prior notice and opportunity for public
comment is contrary to the public interest because there is a need to
immediately implement this action to protect the greater amberjack
resource. The capacity of the fishing fleet allows for rapid harvest of
the commercial quota. Providing prior notice and opportunity for public
comment on this action would require time and increase the likelihood
that the commercial sector could exceed its quota.
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: May 10, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-10131 Filed 5-15-19; 8:45 am]
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