80_FR_50746 80 FR 50585 - Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measure and Closure for South Atlantic Hogfish

80 FR 50585 - Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measure and Closure for South Atlantic Hogfish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 161 (August 20, 2015)

Page Range50585-50586
FR Document2015-20596

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.

Federal Register, Volume 80 Issue 161 (Thursday, August 20, 2015)
[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50585-50586]
From the Federal Register Online  [www.thefederalregister.org]
[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]
 BILLING CODE 3510-22-P



                                                                  Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations                                                                     50585

                                                                                                                                                                                State effective   Notice of final
                                                                                                  Title/Subject                                                                                                      NFR Citation
                                                                                                                                                                                     date           rule date


                                                         *                            *                           *                           *                             *                        *                    *

                                                                                                                             (9) Yellowstone County

                                             Billings Carbon Monoxide (CO)—Maintenance Plan, State of Montana Air Quality Control
                                                Implementation Plan, Yellowstone County Carbon Monoxide Limited Maintenance Plan,
                                                Chapter 56, Billings Carbon Monoxide (CO) Limited Maintenance Plan and the associ-
                                                ated Alternative Monitoring Strategy ....................................................................................                  N/A           3/30/2015   80 FR 16571

                                                         *                            *                           *                           *                             *                        *                    *



                                             *     *    *     *     *                                          Atmospheric Administration (NOAA),                                   Administrator, NMFS (AA), will file a
                                             ■ 3. Section 52.1397 is amended by                                Commerce.                                                            notification with the Office of the
                                             adding paragraph (c)(69) to read as                               ACTION: Temporary rule; closure.                                     Federal Register to reduce the length of
                                             follows:                                                                                                                               the following fishing season by the
                                                                                                               SUMMARY:   NMFS implements                                           amount necessary to ensure landings do
                                             § 52.1397       Original identification of plan.                  accountability measures (AMs) for the                                not exceed the recreational ACL in the
                                             *      *    *     *    *                                          hogfish recreational sector in the                                   following fishing year.
                                               (c) * * *                                                       exclusive economic zone (EEZ) of the                                    During the 2014 fishing year, hogfish
                                               (69) Revisions to the State                                     South Atlantic for the 2015 fishing year                             recreational landings exceeded the
                                             Implementation Plan which were                                    through this temporary rule. NMFS                                    recreational ACL by 26,448 lb (11,996
                                             submitted by the State of Montana on                              estimates recreational landings from the                             kg). For the 2015 fishing year,
                                             January 16, 2009 and May 4, 2009. The                             2014 and 2015 fishing years have                                     preliminary landings data from the
                                             revisions are to the Administrative                               exceeded the recreational annual catch                               NMFS Southeast Fisheries Science
                                             Rules of Montana; they make minor                                 limit (ACL) for hogfish. Therefore,                                  Center indicate that the hogfish
                                             editorial and grammatical changes,                                NMFS reduces the length of the 2015                                  recreational ACL has been exceeded by
                                             update the citations and references to                            recreational fishing season, i.e., closes                            142,364 lb (64,575 kg). Therefore, this
                                             Federal laws and regulations, and make                            the recreational sector, for hogfish in the                          temporary rule implements an AM to
                                             other minor changes to conform to                                 South Atlantic EEZ on August 24, 2015.                               reduce the length of the hogfish
                                             federal regulations.                                              This closure is necessary to protect the                             recreational sector (i.e., close the
                                               (i) Incorporation by reference.                                 hogfish resource.                                                    recreational sector) of the snapper-
                                               (A) Administrative Rules of Montana                             DATES: This rule is effective 12:01 a.m.,                            grouper fishery for the remainder of the
                                             (ARM) sections 17.8.102 Incorporation                             local time, August 24, 2015, until 12:01                             2015 fishing year. As a result, the
                                             by Reference—Publication Dates,                                   a.m., local time, January 1, 2016.                                   recreational sector for hogfish in the
                                             17.8.301 Definitions, 17.8.901                                    FOR FURTHER INFORMATION CONTACT:                                     South Atlantic EEZ will be closed
                                             Definitions, and 17.8.1007 Baseline for                           Britni LaVine, NMFS Southeast                                        effective 12:01 a.m., local time August
                                             Determining Credit for Emissions and                              Regional Office, telephone: 727–824–                                 24, 2015.
                                             Air Quality Offsets, effective October 24,                        5305, email: britni.lavine@noaa.gov.                                    During the closure, the bag and
                                             2008.                                                                                                                                  possession limits for hogfish in or from
                                                                                                               SUPPLEMENTARY INFORMATION: The
                                               (B) Administrative Rules of Montana                                                                                                  the South Atlantic EEZ are zero. The
                                                                                                               snapper-grouper fishery of the South                                 recreational sector for hogfish will
                                             (ARM) section 17.8.308 Particulate
                                                                                                               Atlantic includes hogfish and is                                     reopen on January 1, 2016, the
                                             Matter, Airborne, effective February 13,
                                                                                                               managed under the Fishery                                            beginning of the 2016 recreational
                                             2009.
                                                                                                               Management Plan for the Snapper-                                     fishing season.
                                             *      *    *     *    *                                          Grouper Fishery of the South Atlantic
                                             [FR Doc. 2015–20496 Filed 8–19–15; 8:45 am]                                                                                            Classification
                                                                                                               Region (FMP). The FMP was prepared
                                             BILLING CODE 6560–50–P
                                                                                                               by the South Atlantic Fishery                                          The Regional Administrator,
                                                                                                               Management Council and is                                            Southeast Region, NMFS, has
                                                                                                               implemented by NMFS under the                                        determined this temporary rule is
                                             DEPARTMENT OF COMMERCE                                            authority of the Magnuson-Stevens                                    necessary for the conservation and
                                                                                                               Fishery Conservation and Management                                  management of hogfish and the South
                                             National Oceanic and Atmospheric                                  Act (Magnuson-Stevens Act) by
                                             Administration                                                                                                                         Atlantic snapper-grouper fishery and is
                                                                                                               regulations at 50 CFR part 622.                                      consistent with the Magnuson-Stevens
                                                                                                                 The recreational ACL for hogfish is                                Act and other applicable laws.
                                             50 CFR Part 622                                                   85,355 lb (38,716 kg) and was                                          This action is taken under 50 CFR
                                             [Docket No. 120403249–2492–02]                                    implemented through Regulatory                                       622.193(u)(2) and is exempt from review
                                                                                                               Amendment 13 to the FMP (78 FR                                       under Executive Order 12866.
                                             RIN 0648–XE088                                                    36113, June 17, 2013). In accordance                                   These measures are exempt from the
                                                                                                               with regulations at 50 CFR
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                                             Snapper-Grouper Fishery of the South                                                                                                   procedures of the Regulatory Flexibility
                                             Atlantic; 2015 Recreational                                       622.193(u)(2), if recreational landings                              Act because the temporary rule is issued
                                             Accountability Measure and Closure                                exceed the recreational ACL, then                                    without opportunity for prior notice and
                                             for South Atlantic Hogfish                                        NMFS will monitor recreational                                       public comment.
                                                                                                               landings for a persistence in increased                                This action responds to the best
                                             AGENCY:  National Marine Fisheries                                landings during the following fishing                                scientific information available. The
                                             Service (NMFS), National Oceanic and                              year. If necessary, the Assistant                                    Assistant Administrator for Fisheries,


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                                             50586            Federal Register / Vol. 80, No. 161 / Thursday, August 20, 2015 / Rules and Regulations

                                             NOAA (AA), finds that the need to                       2012) and located at 50 CFR                           and further exceedance of the
                                             immediately implement this action to                    622.193(u)(2) have already been subject               recreational ACL.
                                             close the recreational sector for hogfish               to notice and public comment. All that                  For the aforementioned reasons, the
                                             constitutes good cause to waive the                     remains is to notify the public of the                AA also finds good cause to waive the
                                             requirements to provide prior notice                    reduced recreational season                           30-day delay in the effectiveness of this
                                             and opportunity for public comment on                   (recreational closure) for hogfish for the            action under 5 U.S.C. 553(d)(3).
                                             this temporary rule pursuant to 5 U.S.C.                remainder of the 2015 fishing year. Such                Authority: 16 U.S.C. 1801 et seq.
                                             553(b)(B), because such procedures are                  procedures are contrary to the public
                                             unnecessary and contrary to the public                  interest because of the need to                       Alan D. Risenhoover,
                                             interest. Such procedures are                           immediately implement this action to                  Director, Office of Sustainable Fisheries,
                                             unnecessary because the AMs                             protect the hogfish resource, since time              National Marine Fisheries Service.
                                             established by the Comprehensive ACL                    for notice and public comment will                    [FR Doc. 2015–20596 Filed 8–17–15; 4:15 pm]
                                             Amendment (77 FR 15916, March 16,                       allow for continued recreational harvest              BILLING CODE 3510–22–P
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Document Created: 2015-12-15 11:08:16
Document Modified: 2015-12-15 11:08:16
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 24, 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 50585 
RIN Number0648-XE08

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