Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack, 28013-28014 [2017-12746]
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Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations
The affected states and IPHC staff
have been notified of these corrections,
and the pending correct dates have been
announced on NMFS’s halibut hotline
(1–800–662–9825 or 206 526–6667).
NMFS will not take enforcement action
against any individuals who relied on
the original, incorrect dates in good
faith. Therefore, these corrections are
anticipated by the public and the state
regulatory agencies, and their
implementation will cause no harm.
asabaliauskas on DSKBBXCHB2PROD with RULES
Correction
In the Federal Register of April 20,
2017 (82 FR 18581), paragraph (8)(d)(i),
beginning on page 18583, is corrected to
read as follows:
(i) This subarea is divided into an alldepth fishery and a nearshore fishery.
The nearshore fishery is allocated 500
pounds of the subarea allocation. The
nearshore fishery extends from
Leadbetter Point (46°38.17′ N. lat.,
124°15.88′ W. long.) to the Columbia
River (46°16.00′ N. lat., 124°15.88′ W.
long.) by connecting the following
coordinates in Washington 46°38.17′ N.
lat., 124°15.88′ W. long., 46°16.00′ N.
lat., 124°15.88′ W. long. and connecting
to the boundary line approximating the
40 fm (73 m) depth contour in Oregon.
The nearshore fishery opens Monday,
May 8, and continues 3 days per week
(Monday–Wednesday) until the
nearshore allocation is taken, or
September 30, whichever is earlier. The
all-depth fishing season commences on
Thursday, May 4, and continues 4 days
a week (Thursday–Sunday) until 12,799
lb (5.81 mt) are estimated to have been
taken and the season is closed by the
Commission, or September 30,
whichever is earlier. Subsequent to this
closure, if there is insufficient quota
remaining in the Columbia River
subarea for another fishing day, then
any remaining quota may be transferred
inseason to another Washington and/or
Oregon subarea by NMFS via an update
to the recreational halibut hotline. Any
remaining quota would be transferred to
each state in proportion to its
contribution.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries
(AA) finds there is good cause to waive
prior notice and an opportunity for
public comment on this action, as notice
and comment would be unnecessary
and contrary to public interest. Notice
and comment are unnecessary and
contrary to the public interest because
this action corrects inadvertent errors in
regulations for a fishery that opens on
May 4, and immediate notice of the
error and correction is necessary to
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16:57 Jun 19, 2017
Jkt 241001
prevent confusion among participants in
the fishery that could result from the
existing conflict between state and tribal
regulations and the final rule. To
effectively correct the error, this
correction must go into effect as soon as
possible, as the affected Pacific halibut
sport fisheries open May 4. Thus, there
is not sufficient time for notice and
comment due to the imminent opening
of the fishery. In addition, notice and
comment is unnecessary because this
action makes only minor changes of
which the public, states, and IPHC staff
are already aware. This correction will
not affect the results of analyses
conducted to support management
decisions in the Pacific halibut fishery
nor change the total catch of Pacific
halibut. No change in operating
practices in the fishery is required.
For the same reasons stated above, the
AA has determined that good cause
exists to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C.
553(d). Because prior notice and an
opportunity for public comment are not
required to be provided for this rule by
5 U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are not applicable. Accordingly,
no Regulatory Flexibility Analysis is
required for this rule and none has been
prepared.
This final rule is not significant under
Executive Order 12866.
Authority: 16 U.S.C. 773–773k; 1801 et
seq.
Dated: June 14, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–12722 Filed 6–19–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1206013412–2517–02]
RIN 0648–XF493
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2017
Commercial Accountability Measure
and Closure for Gulf of Mexico Greater
Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
ACTION:
28013
Temporary rule; closure.
NMFS implements
accountability measures (AMs) for
commercial greater amberjack in the
Gulf of Mexico (Gulf) reef fish fishery
for the 2017 fishing year through this
temporary rule. NMFS projects
commercial landings for greater
amberjack will reach the commercial
annual catch target (ACT) by June 20,
2017. Therefore, NMFS closes the
commercial sector for greater amberjack
in the Gulf on June 20, 2017, and it will
remain closed until the start of the next
fishing year on January 1, 2018. This
closure is necessary to protect the Gulf
greater amberjack resource.
DATES: This rule is effective 12:01 a.m.,
local time, June 20, 2017, until 12:01
a.m., local time, January 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, or email: Kelli.ODonnell@
noaa.gov.
SUMMARY:
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 commercial annual catch limit
(ACL) for Gulf greater amberjack is
464,400 lb (210,648 kg), as specified in
50 CFR 622.41(a)(1)(iii). The
commercial quota (equivalent to the
commercial ACT) is 394,740 lb (179,051
kg), as specified in 50 CFR
622.39(a)(1)(v).
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
determined the commercial ACT will be
reached by June 20, 2017. Accordingly,
the commercial sector for Gulf greater
amberjack is closed effective 12:01 a.m.,
local time, June 20, 2017, until 12:01
a.m., local time, January 1, 2018.
The operator of a vessel with a valid
commercial vessel permit for Gulf reef
fish with greater amberjack on board
must have landed, bartered, traded, or
sold such greater amberjack prior to
12:01 a.m., local time, June 20, 2017.
SUPPLEMENTARY INFORMATION:
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20JNR1
28014
Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations
asabaliauskas on DSKBBXCHB2PROD with RULES
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 20, 2017, and were held
in cold storage by a dealer or processor.
The commercial sector for greater
amberjack will reopen on January 1,
2018, the beginning of the 2018 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 exclusive economic zone
(EEZ). However, the recreational sector
for greater amberjack closed on March
24, 2017, until the start of the next
fishing year on January 1, 2018 (82 FR
14477, March 21, 2017). During this
recreational closure, the bag and
possession limits for greater amberjack
in or from the Gulf EEZ are zero.
VerDate Sep<11>2014
16:57 Jun 19, 2017
Jkt 241001
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 MagnusonStevens 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 the need to
immediately implement this action to
close the commercial sector for greater
amberjack 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
PO 00000
Frm 00048
Fmt 4700
Sfmt 9990
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 the greater
amberjack stock. The capacity of the
commercial sector allows for rapid
harvest of the commercial quota, and
prior notice and opportunity for public
comment would require time and would
potentially result in harvest exceeding
the 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: June 14, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–12746 Filed 6–14–17; 4:45 pm]
BILLING CODE 3510–22–P
E:\FR\FM\20JNR1.SGM
20JNR1
Agencies
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)]
[Rules and Regulations]
[Pages 28013-28014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12746]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 1206013412-2517-02]
RIN 0648-XF493
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2017 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.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for commercial
greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for
the 2017 fishing year through this temporary rule. NMFS projects
commercial landings for greater amberjack will reach the commercial
annual catch target (ACT) by June 20, 2017. Therefore, NMFS closes the
commercial sector for greater amberjack in the Gulf on June 20, 2017,
and it will remain closed until the start of the next fishing year on
January 1, 2018. This closure is necessary to protect the Gulf greater
amberjack resource.
DATES: This rule is effective 12:01 a.m., local time, June 20, 2017,
until 12:01 a.m., local time, January 1, 2018.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
Kelli.ODonnell@noaa.gov.
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 commercial annual catch limit (ACL) for Gulf greater amberjack
is 464,400 lb (210,648 kg), as specified in 50 CFR 622.41(a)(1)(iii).
The commercial quota (equivalent to the commercial ACT) is 394,740 lb
(179,051 kg), as specified in 50 CFR 622.39(a)(1)(v).
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
determined the commercial ACT will be reached by June 20, 2017.
Accordingly, the commercial sector for Gulf greater amberjack is closed
effective 12:01 a.m., local time, June 20, 2017, until 12:01 a.m.,
local time, January 1, 2018.
The operator of a vessel with a valid commercial vessel permit for
Gulf reef fish with greater amberjack on board must have landed,
bartered, traded, or sold such greater amberjack prior to 12:01 a.m.,
local time, June 20, 2017.
[[Page 28014]]
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 20, 2017, and were held in cold storage by a dealer or
processor. The commercial sector for greater amberjack will reopen on
January 1, 2018, the beginning of the 2018 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 exclusive economic zone (EEZ).
However, the recreational sector for greater amberjack closed on March
24, 2017, until the start of the next fishing year on January 1, 2018
(82 FR 14477, March 21, 2017). During this recreational closure, the
bag and possession limits for greater amberjack in or from the Gulf EEZ
are zero.
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 the
need to immediately implement this action to close the commercial
sector for greater amberjack 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 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 the greater amberjack stock. The
capacity of the commercial sector allows for rapid harvest of the
commercial quota, and prior notice and opportunity for public comment
would require time and would potentially result in harvest exceeding
the 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: June 14, 2017.
Margo B. Schulze-Haugen,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2017-12746 Filed 6-14-17; 4:45 pm]
BILLING CODE 3510-22-P