[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Page 52366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18677]
[[Page 52366]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120815345-3525-02]
RIN 0648-XE774
Snapper-Grouper Fishery of the South Atlantic; 2016 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 2016
fishing year through this temporary rule. NMFS projects that
recreational landings of the other jacks complex will reach their
combined recreational annual catch limit (ACL) by August 9, 2016.
Therefore, NMFS closes the recreational sector for this complex on
August 9, 2016, through the remainder of the 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, August 9, 2016,
until 12:01 a.m., local time, January 1, 2017.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
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. NMFS has determined that the recreational sector for
this complex is projected to reach its ACL by August 9, 2016.
Therefore, this temporary rule implements an AM to close the
recreational sector for the other jacks complex in the South Atlantic,
effective 12:01 a.m., local time, August 9, 2016, until January 1,
2017, 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 9, 2016, upon reaching the commercial
ACL. Therefore, on August 9, 2016, no commercial or recreational
harvest of fish in the other jacks complex from the South Atlantic EEZ
is permitted for the remainder of 2016. The commercial sector for the
other jacks complex re-opens on January 1, 2017.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
the fish in 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 allow the
recreational sector to 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: August 2, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-18677 Filed 8-2-16; 4:15 pm]
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