[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50585-50586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20596]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120403249-2492-02]
RIN 0648-XE088
Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational
Accountability Measure and Closure for South Atlantic Hogfish
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 hogfish
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 from the 2014 and 2015 fishing years
have exceeded the recreational annual catch limit (ACL) for hogfish.
Therefore, NMFS reduces the length of the 2015 recreational fishing
season, i.e., closes the recreational sector, for hogfish in the South
Atlantic EEZ on August 24, 2015. This closure is necessary to protect
the hogfish resource.
DATES: This rule is effective 12:01 a.m., local time, August 24, 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 hogfish 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 hogfish is 85,355 lb (38,716 kg) and was
implemented through Regulatory Amendment 13 to the FMP (78 FR 36113,
June 17, 2013). In accordance with regulations at 50 CFR 622.193(u)(2),
if recreational landings exceed the recreational ACL, then NMFS will
monitor recreational landings for a persistence in increased landings
during the following fishing year. If necessary, the Assistant
Administrator, NMFS (AA), will file a notification with the Office of
the Federal Register to reduce the length of the following fishing
season by the amount necessary to ensure landings do not exceed the
recreational ACL in the following fishing year.
During the 2014 fishing year, hogfish recreational landings
exceeded the recreational ACL by 26,448 lb (11,996 kg). For the 2015
fishing year, preliminary landings data from the NMFS Southeast
Fisheries Science Center indicate that the hogfish recreational ACL has
been exceeded by 142,364 lb (64,575 kg). Therefore, this temporary rule
implements an AM to reduce the length of the hogfish recreational
sector (i.e., close the recreational sector) of the snapper-grouper
fishery for the remainder of the 2015 fishing year. As a result, the
recreational sector for hogfish in the South Atlantic EEZ will be
closed effective 12:01 a.m., local time August 24, 2015.
During the closure, the bag and possession limits for hogfish in or
from the South Atlantic EEZ are zero. The recreational sector for
hogfish 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
hogfish 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(u)(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 public comment.
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries,
[[Page 50586]]
NOAA (AA), finds that the need to immediately implement this action to
close the recreational sector for hogfish 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 the Comprehensive ACL Amendment (77 FR 15916, March 16, 2012) and
located at 50 CFR 622.193(u)(2) have already been subject to notice and
public comment. All that remains is to notify the public of the reduced
recreational season (recreational closure) for hogfish 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 hogfish 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.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-20596 Filed 8-17-15; 4:15 pm]
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