81 FR 48719 - Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Greater Amberjack
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 143 (July 26, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 143 (July 26, 2016)
| Page Range | 48719-48719 | |
| FR Document | 2016-17633 |
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)] [Rules and Regulations] [Page 48719] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-17633] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412-2517-02] RIN 0648-XE757 Reef Fish Fishery of the Gulf of Mexico; 2016 Recreational Accountability Measures and Closure for Gulf of Mexico Greater Amberjack AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota reduction and closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for the greater amberjack recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2016 fishing year through this temporary rule. NMFS has determined that the 2015 recreational annual catch limit (ACL) for Gulf greater amberjack was exceeded; therefore, NMFS reduces the greater amberjack recreational ACL and annual catch target (ACT) in 2016. NMFS has also determined that the recreational ACT for Gulf greater amberjack was reached prior to the June 1 annual season closure. Therefore, the greater amberjack recreational season in the Gulf EEZ will remain closed and will not be re-opening on August 1, 2016. This closure is necessary to protect the Gulf greater amberjack resource. DATES: This rule is effective from 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, on January 1, 2017. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: rich.malinowski@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight. The 2016 recreational ACL for Gulf greater amberjack specified in 50 CFR 622.41(b)(2)(iii) is 1,255,600 lb (569,531 kg) and the recreational ACT specified in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb (495,492 kg). However, in 2015, the recreational harvest of greater amberjack exceeded the 2015 recreational ACL by 57,930 lb (26,277 kg). Therefore, consistent with the requirements specified in 50 CFR 622.41(a)(2)(ii), NMFS reduces the recreational ACL for greater amberjack in 2016 to 1,197,670 lb (543,254 kg) and the recreational ACT to 1,034,442 lb (469,215 kg). Under 50 CFR 622.41(a)(2)(i), NMFS is required to close the recreational sector for greater amberjack when the recreational ACT is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined the 2016 recreational ACT was reached prior to the annual season closure, which is effective from June 1 through July 31 each year. Accordingly, the recreational sector for Gulf greater amberjack will not re-open on August 1, because NMFS is closing recreational harvest of greater amberjack for the rest of the 2016 fishing year effective at 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, January 1, 2017, the start of the next fishing year. During the recreational closure, the bag and possession limits for greater amberjack in or from the Gulf EEZ are zero. The prohibition on possession in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued applies regardless of whether greater amberjack were harvested in state or Federal waters. The recreational sector for greater amberjack will reopen on January 1, 2017, the beginning of the 2017 recreational fishing year. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Gulf greater amberjack and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.41(a)(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 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 greater amberjack 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), because such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule establishing the closure provisions was 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 greater amberjack. Prior notice and opportunity for public comment would require time and would potentially allow the recreational sector to exceed 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: July 21, 2016. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-17633 Filed 7-21-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations 48719
(7) Sexual abuse. Constitutes fondling a which includes greater amberjack, and is consistent with the Magnuson-
child’s genitals, penetration, incest, rape, under the Fishery Management Plan for Stevens Act and other applicable laws.
sodomy, indecent exposure, and exploitation the Reef Fish Resources of the Gulf This action is taken under 50 CFR
through prostitution or the production of (FMP). The Gulf of Mexico Fishery 622.41(a)(2)(i) and is exempt from
pornographic materials.
Management Council (Council) review under Executive Order 12866.
(d) The contractor must insert this clause
in all subcontracts under this award. prepared the FMP and NMFS These measures are exempt from the
implements the FMP under the procedures of the Regulatory Flexibility
(End of clause)
authority of the Magnuson-Stevens Act because the temporary rule is issued
Dated: June 29, 2016. Fishery Conservation and Management without opportunity for prior notice and
Roy Plucknett, Act (Magnuson-Stevens Act) by comment.
Chief Acquisition Officer. regulations at 50 CFR part 622. All This action responds to the best
[FR Doc. 2016–16643 Filed 7–25–16; 8:45 am] greater amberjack weights discussed in scientific information available. The
BILLING CODE 6116–01–P this temporary rule are in round weight. Assistant Administrator for NOAA
The 2016 recreational ACL for Gulf Fisheries (AA) finds that the need to
greater amberjack specified in 50 CFR immediately implement this action to
DEPARTMENT OF COMMERCE 622.41(b)(2)(iii) is 1,255,600 lb (569,531 close the recreational sector for greater
kg) and the recreational ACT specified amberjack constitutes good cause to
National Oceanic and Atmospheric in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb waive the requirements to provide prior
Administration (495,492 kg). However, in 2015, the notice and opportunity for public
recreational harvest of greater amberjack comment on this temporary rule
50 CFR Part 622 exceeded the 2015 recreational ACL by pursuant to the authority set forth in 5
57,930 lb (26,277 kg). Therefore, U.S.C. 553(b)(B), because such
[Docket No. 1206013412–2517–02] procedures are unnecessary and
consistent with the requirements
RIN 0648–XE757 specified in 50 CFR 622.41(a)(2)(ii), contrary to the public interest. Such
NMFS reduces the recreational ACL for procedures are unnecessary because the
Reef Fish Fishery of the Gulf of greater amberjack in 2016 to 1,197,670 rule establishing the closure provisions
Mexico; 2016 Recreational lb (543,254 kg) and the recreational ACT was subject to notice and comment, and
Accountability Measures and Closure to 1,034,442 lb (469,215 kg). all that remains is to notify the public
for Gulf of Mexico Greater Amberjack Under 50 CFR 622.41(a)(2)(i), NMFS of the closure. Such procedures are
is required to close the recreational contrary to the public interest because
AGENCY: National Marine Fisheries of the need to immediately implement
Service (NMFS), National Oceanic and sector for greater amberjack when the
recreational ACT is reached, or is this action to protect greater amberjack.
Atmospheric Administration (NOAA), Prior notice and opportunity for public
Commerce. projected to be reached, by filing a
notification to that effect with the Office comment would require time and would
ACTION: Temporary rule; quota reduction potentially allow the recreational sector
of the Federal Register. NMFS has
and closure. determined the 2016 recreational ACT to exceed the recreational ACL.
was reached prior to the annual season For the aforementioned reasons, the
SUMMARY: NMFS implements AA also finds good cause to waive the
accountability measures (AMs) for the closure, which is effective from June 1
through July 31 each year. Accordingly, 30-day delay in the effectiveness of this
greater amberjack recreational sector in action under 5 U.S.C. 553(d)(3).
the exclusive economic zone (EEZ) of the recreational sector for Gulf greater
the Gulf of Mexico (Gulf) for the 2016 amberjack will not re-open on August 1, Authority: 16 U.S.C. 1801 et seq.
fishing year through this temporary rule. because NMFS is closing recreational Dated: July 21, 2016.
NMFS has determined that the 2015 harvest of greater amberjack for the rest Alan D. Risenhoover,
recreational annual catch limit (ACL) for of the 2016 fishing year effective at Director, Office of Sustainable Fisheries,
Gulf greater amberjack was exceeded; 12:01 a.m., local time, August 1, 2016, National Marine Fisheries Service.
therefore, NMFS reduces the greater until 12:01 a.m., local time, January 1, [FR Doc. 2016–17633 Filed 7–21–16; 4:15 pm]
amberjack recreational ACL and annual 2017, the start of the next fishing year.
BILLING CODE 3510–22–P
catch target (ACT) in 2016. NMFS has During the recreational closure, the
also determined that the recreational bag and possession limits for greater
ACT for Gulf greater amberjack was amberjack in or from the Gulf EEZ are DEPARTMENT OF COMMERCE
reached prior to the June 1 annual zero. The prohibition on possession in
season closure. Therefore, the greater the Gulf on board a vessel for which a National Oceanic and Atmospheric
amberjack recreational season in the valid Federal charter vessel/headboat Administration
Gulf EEZ will remain closed and will permit for Gulf reef fish has been issued
not be re-opening on August 1, 2016. applies regardless of whether greater 50 CFR Part 635
This closure is necessary to protect the amberjack were harvested in state or
[160412328–6619–02]
Gulf greater amberjack resource. Federal waters.
DATES: This rule is effective from 12:01 The recreational sector for greater RIN 0648–BF97
a.m., local time, August 1, 2016, until amberjack will reopen on January 1,
2017, the beginning of the 2017 Atlantic Highly Migratory Species;
12:01 a.m., local time, on January 1, North and South Atlantic 2016
2017. recreational fishing year.
Commercial Swordfish Quotas
rmajette on DSK2TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT: Rich Classification
AGENCY: National Marine Fisheries
Malinowski, NMFS Southeast Regional The Regional Administrator, Service (NMFS), National Oceanic and
Office, telephone: 727–824–5305, email: Southeast Region, NMFS, has Atmospheric Administration (NOAA),
rich.malinowski@noaa.gov. determined this temporary rule is Commerce.
SUPPLEMENTARY INFORMATION: NMFS necessary for the conservation and
ACTION: Final rule.
manages the Gulf reef fish fishery, management of Gulf greater amberjack
VerDate Sep<11>2014 13:45 Jul 25, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1](https://thefederalregister.org/doc/81_FR_48862/page/1.svg)
Document Created: 2018-02-08 08:01:05
Document Modified: 2018-02-08 08:01:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; quota reduction and closure. | |
| Dates | This rule is effective from 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., local time, on January 1, 2017. | |
| Contact | Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 48719 | |
| RIN Number | 0648-XE75 |
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