[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48041-48042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19701]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120403249-2492-02]
RIN 0648-XE087
Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational
Accountability Measure and Closure for South Atlantic Golden Tilefish
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 golden
tilefish recreational sector in the exclusive economic zone (EEZ) of
the South Atlantic for the 2015 fishing year through this temporary
rule. NMFS estimates recreational landings of golden tilefish in 2015
have exceeded the recreational annual catch limit (ACL). Therefore,
NMFS closes the golden tilefish recreational sector in the South
Atlantic EEZ on August 11, 2015. This closure is necessary to protect
the golden tilefish resource.
DATES: This rule is effective 12:01 a.m., local time, August 11, 2015,
until 12:01 a.m., local time, January 1, 2016.
FOR FURTHER INFORMATION CONTACT: Britni LaVine, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes golden tilefish 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
[[Page 48042]]
Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
The recreational ACL for golden tilefish is 3,019 fish. In
accordance with regulations at 50 CFR 622.193(a)(2), if recreational
landings of golden tilefish exceed the recreational ACL, the Assistant
Administrator, NMFS (AA), will file a notification with the Office of
the Federal Register to close the recreational sector for the remainder
of the fishing year. 2015 landings data from the NMFS Southeast
Fisheries Science Center indicate that the golden tilefish recreational
ACL has been exceeded. Therefore, this temporary rule implements an AM
to close the golden tilefish recreational sector of the snapper-grouper
fishery for the remainder of the 2015 fishing year. As a result, the
recreational sector for golden tilefish in the South Atlantic EEZ will
be closed effective 12:01 a.m., local time August 11, 2015.
During the closure, the bag and possession limits for golden
tilefish in or from the South Atlantic EEZ are zero. Additionally,
during the following fishing year in 2016, NMFS will monitor
recreational landings for a persistence in increased landings and, if
necessary, reduce the length of the 2016 fishing season by the amount
necessary to ensure landings do not exceed the recreational ACL, in
accordance with 50 CFR 622.193(a)(2). The recreational sector for
golden tilefish will reopen on January 1, 2016, the beginning of the
2016 recreational fishing season.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
golden tilefish and 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(a)(2) 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 Fisheries, NOAA (AA), finds that the
need to immediately implement this action to close the recreational
sector for golden tilefish constitutes good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule pursuant to 5 U.S.C. 553(b)(B), because such
procedures are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the AMs established by Regulatory
Amendment 12 to the FMP (77 FR 61295, October 9, 2012) and located at
50 CFR 622.193(a)(2) have already been subject to notice and comment.
The AMs authorize the AA to file a notification with the Office of the
Federal Register to close the recreational sector for the remainder of
the fishing year if recreational landings reach, or are projected to
reach, the recreational ACL. All that remains is to notify the public
of the recreational closure for golden tilefish for the remainder of
the 2015 fishing year. Such procedures are contrary to the public
interest because of the need to immediately implement this action to
protect the golden tilefish resource, since time for notice and public
comment will allow for continued recreational harvest and further
exceedance of the recreational 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: August 6, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-19701 Filed 8-6-15; 4:15 pm]
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