80 FR 38015 - Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measures and Closure for South Atlantic Snowy Grouper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 127 (July 2, 2015)

NMFS implements accountability measures (AMs) for the recreational sector for snowy grouper in the South Atlantic for the 2015 fishing year through this temporary rule. Average recreational landings from 2012-2014 exceeded the recreational annual catch limit (ACL) for snowy grouper. To account for this overage, this rule reduces the length of the 2015 recreational fishing season. Therefore, NMFS closes the recreational sector for snowy grouper in the South Atlantic exclusive economic zone (EEZ) on July 6, 2015. This closure is necessary to protect the snowy grouper resource.

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38015-38016]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16379]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XE014


Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational 
Accountability Measures and Closure for South Atlantic Snowy Grouper

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 
recreational sector for snowy grouper in the South Atlantic for the 
2015 fishing year through this temporary rule. Average recreational 
landings from 2012-2014 exceeded the recreational annual catch limit 
(ACL) for snowy grouper. To account for this overage, this rule reduces 
the length of the 2015 recreational fishing season. Therefore,

[[Page 38016]]

NMFS closes the recreational sector for snowy grouper in the South 
Atlantic exclusive economic zone (EEZ) on July 6, 2015. This closure is 
necessary to protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, July 6, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes snowy grouper, 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 snowy grouper is 523 fish. In accordance 
with regulations at 50 CFR 622.193(b)(2), if the recreational ACL is 
exceeded, the Assistant Administrator, NOAA (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. NMFS evaluates annual recreational landings with the 
recreational ACL for snowy grouper based on a 3-year running average of 
landings. For the 2015 fishing year, the most recent 3-year running 
average of recreational landings is the average of 2012-2014. Average 
landings from 2012-2014 exceeded the 2014 recreational ACL by 1,253 
fish. Therefore, this temporary rule implements the post-season AM to 
reduce the fishing season for the recreational snowy grouper component 
of the snapper-grouper fishery by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in 2015. As a 
result, the recreational sector for snowy grouper will be closed 
effective 12:01 a.m., local time, July 6, 2015.
    During the closure, the bag and possession limits for snowy grouper 
in or from the South Atlantic EEZ are zero. These limits apply in the 
South Atlantic for a person on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for the South Atlantic 
snapper-grouper fishery has been issued regardless of whether the fish 
are harvested in state or Federal waters, as specified in 50 CFR 
622.193(b)(2). The recreational sector for snowy grouper 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 
snowy grouper 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(b)(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 snowy grouper constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), as such procedures would be unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the rule 
implementing the AMs established by Amendment 17B to the FMP (75 FR 
82280, December 30, 2010) and located at 50 CFR 622.193(b)(2) has 
already 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 snowy grouper resource, since time for notice and 
public comment will allow for continued recreational harvest and 
exceedance of the recreational ACL. Additionally, there is a need to 
immediately notify the public of the reduced recreational fishing 
season for snowy grouper for the 2015 fishing year. Prior notice and 
opportunity for public comment would be contrary to the public interest 
because many of those affected by the length of the recreational 
fishing season, particularly charter vessel and headboat operations, 
book trips for clients in advance and, therefore, need as much time as 
possible to adjust business plans to account for the reduced 
recreational 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: June 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-16379 Filed 6-29-15; 4:15 pm]
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