72996 Federal Register / Vol. 79, No. 236 / Tuesday, December 9, 2014 / Rules and Regulations 

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. 

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 SnapperGrouper 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 snappergrouper 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] 

BILLING CODE 3510–22–P 


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