[Federal Register Volume 83, Number 242 (Tuesday, December 18, 2018)]
[Rules and Regulations]
[Pages 64748-64749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27285]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XG662


Snapper-Grouper Fishery of the South Atlantic; 2018 Recreational 
Accountability Measure and Closure for the South Atlantic Other Jacks 
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 an accountability measure (AM) for the 
recreational sector for the other jacks complex (lesser amberjack, 
almaco jack, and banded rudderfish) in the South Atlantic for the 2018 
fishing year through this temporary rule. NMFS has determined that 
recreational landings of the other jacks complex has exceeded its 
recreational annual catch limit (ACL). Therefore, NMFS closes the 
recreational sector for this complex on December 18, 2018, through the 
remainder of the 2018 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, December 18, 
2018, until 12:01 a.m., local time, January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: <a href="/cdn-cgi/l/email-protection#b6dbd7c4cf98c0d7c4d7f6d8d9d7d798d1d9c0"><span class="__cf_email__" data-cfemail="ddb0bcafa4f3abbcafbc9db3b2bcbcf3bab2ab">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes lesser amberjack, almaco jack, and banded rudderfish, 
and 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 by NMFS under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    The recreational ACL for the other jacks complex is 267,799 lb 
(121,472 kg), round weight. Under 50 CFR 622.193(l)(2)(i), NMFS is 
required to close the recreational sector for the other jacks complex 
when the recreational ACL has been reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register, unless NMFS determines that no closure is necessary 
based on the best scientific information available. NMFS has determined 
that the recreational sector for this complex has exceeded its ACL. 
Therefore, this temporary rule implements an AM to close the 
recreational sector for the other jacks complex in the South Atlantic 
EEZ, effective 12:01 a.m., local time, December 18, 2018, until January 
1, 2019, the start of the next fishing year.
    During the recreational closure, the bag and possession limits for 
the fish in the other jacks complex in or from the South Atlantic EEZ 
are zero. Additionally, NMFS closed the commercial sector for the other 
jacks complex effective on August 22, 2018, upon reaching the 
commercial ACL (83 FR 41019; August 17, 2018). Therefore, as of 12:01 
a.m. on December 18, 2018, no commercial or recreational harvest of 
fish in the other jacks complex from the South Atlantic EEZ is allowed 
for the remainder of the 2018 fishing year.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the other jacks 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)(2)(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 public 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 recreational sector 
for the other jacks 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 are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule implementing the AM itself 
has been 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 other jacks complex. Prior notice and opportunity 
for public comment would require time and would potentially

[[Page 64749]]

allow the recreational sector to further exceed its 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: December 12, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-27285 Filed 12-13-18; 4:15 pm]
 BILLING CODE 3510-22-P


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