80 FR 62501 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction for Gag Grouper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 200 (October 16, 2015)

NMFS reduces the commercial trip limit for gag grouper (gag) in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight. This trip limit reduction is necessary to protect the South Atlantic gag resource.

[Federal Register Volume 80, Number 200 (Friday, October 16, 2015)]
[Rules and Regulations]
[Page 62501]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26396]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403320-4891-02]
RIN 0648-XE245


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction 
for Gag Grouper

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the commercial trip limit for gag grouper (gag) 
in or from the exclusive economic zone (EEZ) of the South Atlantic to 
500 lb (227 kg), gutted weight. This trip limit reduction is necessary 
to protect the South Atlantic gag resource.

DATES: This rule is effective 12:01 a.m., local time, October 18, 2015, 
until 12:01 a.m., local time, January 1, 2016.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic includes gag 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 commercial ACL (commercial quota) for gag in the South Atlantic 
during the 2015 fishing year is 295,459 lb (134,018 kg), gutted weight, 
348,642 lb (158,141 kg), round weight, as specified in 50 CFR 
622.190(a)(7)(i).
    Under 50 CFR 622.191(a)(7)(ii), NMFS is required to reduce the 
commercial trip limit for gag from 1,000 lb (454 kg), gutted weight, 
1,180 lb (535 kg), round weight, to 500 lb (227 kg), gutted weight, 590 
lb (268 kg), round weight, when 75 percent of the quota is reached or 
is projected to be reached, by filing a notification to that effect 
with the Office of the Federal Register, as implemented by the final 
rule for Regulatory Amendment 14 to the FMP (79 FR 66316, November 7, 
2014). Based on current data, NMFS has determined that 75 percent of 
the available gag commercial quota will be reached by October 18, 2015. 
Accordingly, NMFS is reducing the commercial trip limit for gag to 500 
lb (227 kg), gutted weight, 590 lb (268 kg), round weight, in or from 
the South Atlantic EEZ at 12:01 a.m., local time, on October 18, 2015. 
This 500-lb (227-kg), gutted weight, 590-lb (268-kg), round weight, 
trip limit will remain in effect until either the commercial sector 
reaches its quota and the sector closes, or through the end of the 
current fishing year on December 31, 2015, whichever occurs first.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic gag and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.191(a)(7) 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 commercial trip limit reduction 
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), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary, because the rule 
establishing the trip limit reduction has already been subject to 
notice and comment, and all that remains is to notify the public of the 
reduced trip limit. The procedures are contrary to the public interest, 
because there is a need to immediately implement this action to protect 
the gag resource since the capacity of the fishing fleet allows for 
rapid harvest of the quota. Prior notice and opportunity for public 
comment on this action would require time and would increase the 
probability that the commercial sector could exceed the quota.
    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: October 13, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-26396 Filed 10-13-15; 4:15 pm]
 BILLING CODE 3510-22-P