80_FR_48195 80 FR 48041 - Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish

80 FR 48041 - Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 154 (August 11, 2015)

Page Range48041-48042
FR Document2015-19701

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.

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)
[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48041-48042]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations                                                   48041

                                             application of those requirements would                 States prior to publication of the rule in            List of Subjects in 40 CFR Part 52
                                             be inconsistent with the CAA; and                       the Federal Register. A major rule
                                                • does not provide EPA with the                      cannot take effect until 60 days after it               Environmental protection, Air
                                             discretionary authority to address, as                  is published in the Federal Register.                 pollution control, Incorporation by
                                             appropriate, disproportionate human                     This action is not a ‘‘major rule’’ as                reference, Intergovernmental relations,
                                             health or environmental effects, using                  defined by 5 U.S.C. 804(2).                           Nitrogen dioxide, Ozone, Reporting and
                                             practicable and legally permissible                                                                           recordkeeping requirements, Volatile
                                                                                                        Under section 307(b)(1) of the CAA,                organic compounds.
                                             methods, under Executive Order 12898
                                                                                                     petitions for judicial review of this
                                             (59 FR 7629, February 16, 1994).                                                                                Dated: July 30, 2015.
                                                In addition, the SIP is not approved                 action must be filed in the United States
                                                                                                     Court of Appeals for the appropriate                  Heather McTeer Toney,
                                             to apply on any Indian reservation land
                                             or in any other area where EPA or an                    circuit by October 13, 2015. Filing a                 Regional Administrator, Region 4.
                                             Indian tribe has demonstrated that a                    petition for reconsideration by the
                                                                                                     Administrator of this final rule does not                 40 CFR part 52 is amended as follows:
                                             tribe has jurisdiction. In those areas of
                                             Indian country, the rule does not have                  affect the finality of this action for the
                                                                                                                                                           PART 52—APPROVAL AND
                                             tribal implications as specified by                     purposes of judicial review nor does it
                                                                                                                                                           PROMULGATION OF
                                             Executive Order 13175 (65 FR 67249,                     extend the time within which a petition               IMPLEMENTATION PLANS
                                             November 9, 2000), nor will it impose                   for judicial review may be filed, and
                                             substantial direct costs on tribal                      shall not postpone the effectiveness of
                                                                                                                                                           ■ 1. The authority citation for part 52
                                             governments or preempt tribal law.                      such rule or action. Parties with
                                                                                                                                                           continues to read as follows:
                                                The Congressional Review Act, 5                      objections to this direct final rule are
                                             U.S.C. 801 et seq., as added by the Small               encouraged to file a comment in                           Authority: 42 U.S.C. 7401 et seq.
                                             Business Regulatory Enforcement                         response to the parallel notice of
                                             Fairness Act of 1996, generally provides                proposed rulemaking for this action                   Subpart L—Georgia
                                             that before a rule may take effect, the                 published in the proposed rules section
                                             agency promulgating the rule must                       of today’s Federal Register, rather than              ■ 2. Section 52.570(e), is amended by
                                             submit a rule report, which includes a                  file an immediate petition for judicial               adding an entry for ‘‘Atlanta 2008 8-
                                             copy of the rule, to each House of the                  review of this direct final rule, so that             hour Ozone Marginal Area
                                             Congress and to the Comptroller General                 EPA can withdraw this direct final rule               Requirements’’ at the end of the table to
                                             of the United States. EPA will submit a                 and address the comment in the                        read as follows:
                                             report containing this action and other                 proposed rulemaking. This action may
                                                                                                                                                           § 52.570     Identification of plan.
                                             required information to the U.S. Senate,                not be challenged later in proceedings to
                                             the U.S. House of Representatives, and                  enforce its requirements. See section                 *       *    *        *      *
                                             the Comptroller General of the United                   307(b)(2).                                                (e) * * *
                                                                                        EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS
                                                                                                                                                              State
                                                                                                                                                            submittal        EPA Approval
                                              Name of nonregulatory SIP provision                Applicable geographic or nonattainment area                  date/                               Explanation
                                                                                                                                                                                 date
                                                                                                                                                            effective
                                                                                                                                                              date


                                                      *                 *                           *                    *                   *                               *                       *
                                             Atlanta 2008 8-hour Ozone Marginal           Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb,                       2/6/15    8/11/15; [Insert ci-   ....................
                                               Area Requirements.                           Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry,                              tation of publi-
                                                                                            Newton, Paulding, and Rockdale Counties.                                         cation].



                                             [FR Doc. 2015–19728 Filed 8–10–15; 8:45 am]             Atmospheric Administration (NOAA),                    DATES:  This rule is effective 12:01 a.m.,
                                             BILLING CODE 6560–50–P                                  Commerce.                                             local time, August 11, 2015, until 12:01
                                                                                                                                                           a.m., local time, January 1, 2016.
                                                                                                     ACTION:   Temporary rule; closure.
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:
                                             DEPARTMENT OF COMMERCE                                                                                        Britni LaVine, NMFS Southeast
                                                                                                     SUMMARY:   NMFS implements
                                             National Oceanic and Atmospheric                        accountability measures (AMs) for the                 Regional Office, telephone: 727–824–
                                             Administration                                          golden tilefish recreational sector in the            5305, email: britni.lavine@noaa.gov.
                                                                                                     exclusive economic zone (EEZ) of the                  SUPPLEMENTARY INFORMATION:     The
                                             50 CFR Part 622                                         South Atlantic for the 2015 fishing year              snapper-grouper fishery of the South
                                                                                                     through this temporary rule. NMFS                     Atlantic includes golden tilefish and is
                                             [Docket No. 120403249–2492–02]
                                                                                                     estimates recreational landings of                    managed under the Fishery
                                             RIN 0648–XE087                                          golden tilefish in 2015 have exceeded                 Management Plan for the Snapper-
                                                                                                     the recreational annual catch limit                   Grouper Fishery of the South Atlantic
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                                             Snapper-Grouper Fishery of the South                    (ACL). Therefore, NMFS closes the                     Region (FMP). The FMP was prepared
                                             Atlantic; 2015 Recreational                             golden tilefish recreational sector in the            by the South Atlantic Fishery
                                             Accountability Measure and Closure
                                                                                                     South Atlantic EEZ on August 11, 2015.                Management Council and is
                                             for South Atlantic Golden Tilefish
                                                                                                     This closure is necessary to protect the              implemented by NMFS under the
                                             AGENCY:  National Marine Fisheries                      golden tilefish resource.                             authority of the Magnuson-Stevens
                                             Service (NMFS), National Oceanic and                                                                          Fishery Conservation and Management


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                                             48042             Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations

                                             Act (Magnuson-Stevens Act) by                           CFR 622.193(a)(2). The recreational                   established by Regulatory Amendment
                                             regulations at 50 CFR part 622.                         sector for golden tilefish will reopen on             12 to the FMP (77 FR 61295, October 9,
                                                The recreational ACL for golden                      January 1, 2016, the beginning of the                 2012) and located at 50 CFR
                                             tilefish is 3,019 fish. In accordance with              2016 recreational fishing season.                     622.193(a)(2) have already been subject
                                             regulations at 50 CFR 622.193(a)(2), if                                                                       to notice and comment. The AMs
                                                                                                     Classification
                                             recreational landings of golden tilefish                                                                      authorize the AA to file a notification
                                             exceed the recreational ACL, the                           The Regional Administrator,                        with the Office of the Federal Register
                                             Assistant Administrator, NMFS (AA),                     Southeast Region, NMFS, has                           to close the recreational sector for the
                                             will file a notification with the Office of             determined this temporary rule is                     remainder of the fishing year if
                                             the Federal Register to close the                       necessary for the conservation and                    recreational landings reach, or are
                                             recreational sector for the remainder of                management of golden tilefish and the                 projected to reach, the recreational ACL.
                                             the fishing year. 2015 landings data                    South Atlantic snapper-grouper fishery                All that remains is to notify the public
                                             from the NMFS Southeast Fisheries                       and is consistent with the Magnuson-                  of the recreational closure for golden
                                                                                                     Stevens Act and other applicable laws.                tilefish for the remainder of the 2015
                                             Science Center indicate that the golden
                                                                                                        This action is taken under 50 CFR                  fishing year. Such procedures are
                                             tilefish recreational ACL has been
                                                                                                     622.193(a)(2) and is exempt from review               contrary to the public interest because
                                             exceeded. Therefore, this temporary rule                under Executive Order 12866.
                                             implements an AM to close the golden                                                                          of the need to immediately implement
                                                                                                        These measures are exempt from the
                                             tilefish recreational sector of the                                                                           this action to protect the golden tilefish
                                                                                                     procedures of the Regulatory Flexibility
                                             snapper-grouper fishery for the                                                                               resource, since time for notice and
                                                                                                     Act because the temporary rule is issued
                                             remainder of the 2015 fishing year. As                                                                        public comment will allow for
                                                                                                     without opportunity for prior notice and
                                             a result, the recreational sector for                                                                         continued recreational harvest and
                                                                                                     comment.
                                             golden tilefish in the South Atlantic                      This action responds to the best                   further exceedance of the recreational
                                             EEZ will be closed effective 12:01 a.m.,                scientific information available. The                 ACL.
                                             local time August 11, 2015.                             Assistant Administrator for Fisheries,                   For the aforementioned reasons, the
                                                During the closure, the bag and                      NOAA (AA), finds that the need to                     AA also finds good cause to waive the
                                             possession limits for golden tilefish in                immediately implement this action to                  30-day delay in the effectiveness of this
                                             or from the South Atlantic EEZ are zero.                close the recreational sector for golden              action under 5 U.S.C. 553(d)(3).
                                             Additionally, during the following                      tilefish constitutes good cause to waive                Authority: 16 U.S.C. 1801 et seq.
                                             fishing year in 2016, NMFS will monitor                 the requirements to provide prior notice
                                             recreational landings for a persistence in              and opportunity for public comment on                   Dated: August 6, 2015.
                                             increased landings and, if necessary,                   this temporary rule pursuant to 5 U.S.C.              Jennifer M. Wallace,
                                             reduce the length of the 2016 fishing                   553(b)(B), because such procedures are                Acting Director, Office of Sustainable
                                             season by the amount necessary to                       unnecessary and contrary to the public                Fisheries, National Marine Fisheries Service.
                                             ensure landings do not exceed the                       interest. Such procedures are                         [FR Doc. 2015–19701 Filed 8–6–15; 4:15 pm]
                                             recreational ACL, in accordance with 50                 unnecessary because the AMs                           BILLING CODE 3510–22–P
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Document Created: 2016-09-27 22:25:03
Document Modified: 2016-09-27 22:25:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThis rule is effective 12:01 a.m., local time, August 11, 2015, until 12:01 a.m., local time, January 1, 2016.
ContactBritni LaVine, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation80 FR 48041 
RIN Number0648-XE08

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