Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial Accountability Measure and Closure for the South Atlantic Porgy Complex, 72996 [2014-28745]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 236 (Tuesday, December 9, 2014)]
[Rules and Regulations]
[Page 72996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28745]



[[Page 72996]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XD388


Snapper-Grouper Fishery of the South Atlantic; 2014 Commercial 
Accountability Measure and Closure for the South Atlantic Porgy 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 accountability measures (AMs) for the 
commercial porgy complex in the U.S. exclusive economic zone (EEZ) of 
the South Atlantic. In the South Atlantic, the porgy complex includes 
jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye 
porgy. Commercial landings for the porgy complex, as estimated by the 
Science and Research Director (SRD), are projected to reach the 
commercial annual catch limit (ACL) on December 6, 2014. Therefore, 
NMFS closes the commercial sector for the porgy complex in the South 
Atlantic EEZ on December 9, 2014, and it will remain closed until the 
start of the next fishing year, January 1, 2015. This closure is 
necessary to protect the porgy complex resource.

DATES: This rule is effective 12:01 a.m., local time, December 9, 2014, 
until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: catherine.hayslip@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes the porgy complex (jolthead porgy, knobbed 
porgy, whitebone porgy, scup, and saucereye porgy), is managed under 
the Fishery Management Plan for Snapper-Grouper Fishery of the South 
Atlantic Region (Snapper-Grouper FMP). The Snapper-Grouper 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 AM at 50 CFR 622.193(w)(1)(i) requires the Assistant 
Administrator for Fisheries, NOAA (AA), to file a notification with the 
Office of the Federal Register to close the commercial sector for the 
porgy complex for the remainder of the fishing year when the commercial 
ACL is reached or is projected to be reached. The commercial ACL for 
the porgy complex is 36,348 lb (16,487 kg), round weight. Based on the 
best scientific information available, NMFS has determined that the 
commercial ACL will be reached on December 6, 2014. Accordingly, this 
temporary rule implements an AM to close the commercial sector for the 
porgy complex in the South Atlantic EEZ at 12:01 a.m., local time, on 
December 9, 2014.
    During the closure, all sale or purchase, and harvest or possession 
of jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye 
in or from the South Atlantic EEZ is prohibited. The recreational bag 
and possession limits for the snapper-grouper fishery, as specified at 
50 CFR 622.187(b) and (c), do not apply because NMFS closed the 
recreational sector on September 17, 2014 (79 FR 55658). The 
recreational bag and possession limits are zero.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the porgy 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(w)(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 comment.
    This action responds to the best scientific information available. 
The AA finds good cause to waive the requirements to provide prior 
notice and opportunity for public comment, pursuant to the authority 
set forth at 5 U.S.C. 553(b)(B), as such prior notice and opportunity 
for public comment is unnecessary and contrary to the public interest. 
Such procedures are unnecessary and contrary to the public interest 
because the AM established by the Comprehensive ACL Amendment and 
located at 50 CFR 622.193(w)(1)(i) has already been subject to notice 
and comment, and all that remains is to notify the public of the 
commercial closure for the porgy complex for the remainder of the 2014 
fishing year. Additionally, there is a need to immediately implement 
the closure for the porgy complex to prevent further commercial harvest 
and prevent the ACL from being exceeded, which will protect the 
snapper-grouper resource in the South Atlantic. Prior notice and 
opportunity for public comment on this action would be contrary to the 
public interest because many of those affected by the closure need as 
much time as possible to adjust business plans to account for the 
reduced commercial fishing season.
    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: December 3, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-28745 Filed 12-4-14; 4:15 pm]
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