Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack, 22073-22074 [2019-10131]

Download as PDF Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations management action, for example, through the development of a TRP, NMFS would first prepare an Environmental Impact Statement (EIS) or Environmental Assessment (EA), as required under NEPA, specific to that action. This rule would not affect species listed as threatened or endangered under the ESA or their associated critical habitat. The impacts of numerous fisheries have been analyzed in various biological opinions, and this rule will not affect the conclusions of those opinions. The classification of fisheries on the LOF is not considered to be a management action that would adversely affect threatened or endangered species. If NMFS takes a management action, for example, through the development of a TRP, NMFS would consult under ESA section 7 on that action. This rule would have no adverse impacts on marine mammals and may have a positive impact on marine mammals by improving knowledge of marine mammals and the fisheries interacting with marine mammals through information collected from observer programs, stranding and sighting data, or take reduction teams. This rule would not affect the land or water uses or natural resources of the coastal zone, as specified under section 307 of the Coastal Zone Management Act. khammond on DSKBBV9HB2PROD with RULES References Baird, R.W., S.D. Mahaffy, A.M. Gorgone, T. Cullins, D.J. McSweeney, E.M. Oelson, A.L. Bradford, J. Barlow, D.L. Webster. False Killer Whales and Fisheries Interaction in Hawaiian Waters: Evidence for Sex Bias and Variation Among Populations and Social Groups. 2014. Marine Mammal Science 31(2): 579–590. Carretta, J.V., E. Oleson, K.A. Forney, J. Baker, J.E. Moore, D.W. Weller, A.R. Lang, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J. Barlow, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2018. U.S. Pacific Marine Mammal Stock Assessments: 2017. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–602. 161 p. Carretta, J.V., V. Helker, M.M. Muto, J. Greenman, K. Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. 2018a. Sources of human-related injury and mortality for U.S. Pacific west coast marine mammal stock assessments, 2012–2016. Draft document PSRG–2018–06 reviewed by the Pacific Scientific Review Group, March 2018. 145 p. Carretta, J.V., K.A. Forney, E. Oleson, D.W. Weller, A.R. Lang, J. Baker, M.M. Muto, B. Hanson, A.J. Orr, H. Huber, M.S. Lowry, J.Barlow, J.E. Moore, D. Lynch, L. Carswell, and R.L. Brownell Jr. 2017. U.S. Pacific Marine Mammal Stock VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 Assessments: 2016. NOAA Technical Memorandum NOAA–TM–NMFS– SWFSC–577. 414 p. Carretta, J.V., M.M. Muto, S. Wilkin, J. Greenman, K. Wilkinson, D. Lawson, J. Viezbicke, and J. Jannot. 2017a. Sources of human-related injury and mortality for U.S. Pacific west coast marine mammal stocks assessments, 2011–2015. NOAA Technical Memorandum, NOAA–TM– NMFS–SWFSC–579. 126 p. Garrison, L.P. and Stokes, L. 2017. Estimated Bycatch of Marine Mammals and Sea Turtles in the U.S. Atlantic Pelagic Longline Feet During 2015. NOAA Technical Memorandum, NOAA– NMFS–SEFSC–709. 67 p. Hayes, S.A., E. Josephson, K. Maze-Foley, and P.E. Rosel, editors. 2018. U.S. Atlantic and Gulf of Mexico Marine Mammal Stocks Assessments, 2017. NOAA Technical Memorandum, NOAA– TM–NE–245. 378 p. Saez, L., D. Lawson, M. DeAngelis, E. Petras, S. Wilkin, and C. Fahy. 2013. Understanding the Co-occurrence of Large Whales and Commercial Fixed Gear Fisheries off the West Coast of the United States. NOAA Technical Memorandum, NOAA–TM–NMFS– SWR–044. 103 p. Western Pacific Regional Fishery Management Council (WPRFMC). 2017. Annual Stock Assessment and Fishery Evaluation Report: Fishery Ecosystem Plan for the American Samoa Archipelago. 415 p. Dated: May 10, 2019. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2019–10139 Filed 5–15–19; 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–XG771 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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 SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 22073 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: 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 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 E:\FR\FM\16MYR1.SGM 16MYR1 22074 Federal Register / Vol. 84, No. 95 / Thursday, May 16, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 15:57 May 15, 2019 Jkt 247001 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 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 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 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] BILLING CODE 3510–22–P E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[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]
BILLING CODE 3510-22-P
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