Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial Accountability Measure and Closure for the South Atlantic Lesser Amberjack, Almaco Jack, and Banded Rudderfish Complex, 38476-38477 [2014-15929]
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Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations
commercial sector for the deep-water
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 would be unnecessary and
contrary to the public interest. Such
procedures would be unnecessary
because the rule itself has been subject
to notice and comment, and all that
remains is to notify the public of the
closure.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the deep-water
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: July 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–15907 Filed 7–2–14; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120815345–3525–02]
RIN 0648–XD350
Snapper-Grouper Fishery of the South
Atlantic; 2014 Commercial
Accountability Measure and Closure
for the South Atlantic Lesser
Amberjack, Almaco Jack, and Banded
Rudderfish Complex
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
commercial sector for the lesser
amberjack, almaco jack, and banded
rudderfish complex in the South
Atlantic for the 2014 fishing year
through this temporary rule.
Commercial landings for the lesser
ehiers on DSK2VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:16 Jul 07, 2014
Jkt 232001
amberjack, almaco jack, and banded
rudderfish complex, as estimated by the
Science and Research Director (SRD),
are projected to reach their combined
commercial annual catch limit (ACL) on
July 15, 2014. Therefore, NMFS closes
the commercial sector for this complex
on July 15, 2014, 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, July 15, 2014, until 12:01
a.m., local time, January 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Catherine Hayslip, telephone: 727–824–
5305, email: Catherine.Hayslip@
noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic, which includes the lesser
amberjack, almaco jack, and banded
rudderfish 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 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 lesser amberjack, almaco jack, and
banded rudderfish complex is 189,422
lb (85,920 kg), round weight. Under 50
CFR 622.193(l)(1), NMFS is required to
close the commercial sector for the
lesser amberjack, almaco jack, and
banded rudderfish 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
the ACL on July 15, 2014. Therefore,
this temporary rule implements an AM
to close the commercial sector for the
lesser amberjack, almaco jack, and
banded rudderfish complex in the South
Atlantic, effective 12:01 a.m., local time,
July 15, 2014.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having lesser
amberjack, almaco jack, or banded
rudderfish onboard must have landed
and bartered, traded, or sold such
species prior to 12:01 a.m., local time,
July 15, 2014. During the closure, the
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
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
amberjack, almaco jack, or banded
rudderfish in or from the South Atlantic
EEZ. These 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 snappergrouper has been issued, without regard
to where such species were harvested,
i.e., 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. The prohibition on sale or
purchase does not apply to the sale or
purchase of lesser amberjack, almaco
jack, or banded rudderfish that were
harvested, landed ashore, and sold prior
to 12:01 a.m., local time, July 15, 2014,
and were held in cold storage by a
dealer or processor.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of the lesser amberjack,
almaco jack, and banded rudderfish
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) 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
available scientific information recently
obtained from the fishery. The Assistant
Administrator for Fisheries, NOAA,
(AA), finds that the need to immediately
implement this action to close the
commercial sector for the lesser
amberjack, almaco jack, and banded
rudderfish 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 would be
unnecessary and contrary to the public
interest. Such procedures would be
unnecessary because the rule itself has
been subject to notice and comment,
and all that remains is to notify the
public of the closure.
Allowing prior notice and
opportunity for public comment is
contrary to the public interest because
of the need to immediately implement
this action to protect the lesser
amberjack, almaco jack, and banded
rudderfish complex because the
capacity of the fishing fleet allows for
E:\FR\FM\08JYR1.SGM
08JYR1
Federal Register / Vol. 79, No. 130 / Tuesday, July 8, 2014 / Rules and Regulations
ehiers on DSK2VPTVN1PROD with RULES
rapid harvest of the 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.
VerDate Mar<15>2010
15:16 Jul 07, 2014
Jkt 232001
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).
PO 00000
Authority: 16 U.S.C. 1801 et seq.
Dated: July 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–15929 Filed 7–7–14; 8:45 am]
BILLING CODE 3510–22–P
Frm 00027
Fmt 4700
Sfmt 9990
38477
E:\FR\FM\08JYR1.SGM
08JYR1
Agencies
[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Rules and Regulations]
[Pages 38476-38477]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15929]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120815345-3525-02]
RIN 0648-XD350
Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial
Accountability Measure and Closure for the South Atlantic Lesser
Amberjack, Almaco Jack, and Banded Rudderfish Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for the
commercial sector for the lesser amberjack, almaco jack, and banded
rudderfish complex in the South Atlantic for the 2014 fishing year
through this temporary rule. Commercial landings for the lesser
amberjack, almaco jack, and banded rudderfish complex, as estimated by
the Science and Research Director (SRD), are projected to reach their
combined commercial annual catch limit (ACL) on July 15, 2014.
Therefore, NMFS closes the commercial sector for this complex on July
15, 2014, 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, July 15, 2014,
until 12:01 a.m., local time, January 1, 2015.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: Catherine.Hayslip@noaa.gov.
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic, which includes the lesser amberjack, almaco jack, and banded
rudderfish 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 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 lesser amberjack, almaco jack,
and banded rudderfish complex is 189,422 lb (85,920 kg), round weight.
Under 50 CFR 622.193(l)(1), NMFS is required to close the commercial
sector for the lesser amberjack, almaco jack, and banded rudderfish
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 the ACL on July 15, 2014. Therefore,
this temporary rule implements an AM to close the commercial sector for
the lesser amberjack, almaco jack, and banded rudderfish complex in the
South Atlantic, effective 12:01 a.m., local time, July 15, 2014.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having lesser amberjack, almaco jack, or
banded rudderfish onboard must have landed and bartered, traded, or
sold such species prior to 12:01 a.m., local time, July 15, 2014.
During the closure, the 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 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, without regard to where such species
were harvested, i.e., 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. The prohibition on sale or
purchase does not apply to the sale or purchase of lesser amberjack,
almaco jack, or banded rudderfish that were harvested, landed ashore,
and sold prior to 12:01 a.m., local time, July 15, 2014, and were held
in cold storage by a dealer or processor.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the lesser amberjack, almaco jack, and banded rudderfish 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) 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 available scientific information
recently obtained from the fishery. The Assistant Administrator for
Fisheries, NOAA, (AA), finds that the need to immediately implement
this action to close the commercial sector for the lesser amberjack,
almaco jack, and banded rudderfish 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 would be unnecessary and contrary to the
public interest. Such procedures would be unnecessary because the rule
itself has been subject to notice and comment, and all that remains is
to notify the public of the closure.
Allowing prior notice and opportunity for public comment is
contrary to the public interest because of the need to immediately
implement this action to protect the lesser amberjack, almaco jack, and
banded rudderfish complex because the capacity of the fishing fleet
allows for
[[Page 38477]]
rapid harvest of the 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: July 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-15929 Filed 7-7-14; 8:45 am]
BILLING CODE 3510-22-P