81 FR 85446 - Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational Closure for Hogfish in the South Atlantic
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 228 (November 28, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 228 (November 28, 2016)
| Page Range | 85446-85447 | |
| FR Document | 2016-28539 |
[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)] [Rules and Regulations] [Pages 85446-85447] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28539] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 140819686-5999-02] RIN 0648-XF042 Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational Closure for Hogfish in the South Atlantic AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure (AM) for the hogfish recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2016 fishing year through this temporary rule. NMFS estimates recreational landings from the 2016 fishing year have reached the recreational annual catch limit (ACL) for hogfish. Therefore, NMFS closes the recreational sector for hogfish in the South Atlantic EEZ on November 30, 2016, through the remainder of the 2016 fishing year. This closure is necessary to protect the hogfish resource in the South Atlantic. DATES: This rule is effective 12:01 a.m., local time, November 30, 2016, until 12:01 a.m., local time, January 1, 2017. FOR FURTHER INFORMATION CONTACT: Mary Vara, 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. [[Page 85447]] The recreational ACL for hogfish is 85,355 lb (38,716 kg) round weight. In accordance with regulations at 50 CFR 622.193(u)(2)(i), NMFS is required to close the recreational sector for hogfish when the recreational ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the 2016 hogfish recreational ACL has been reached. Therefore, this temporary rule implements an AM to close the recreational sector for hogfish in the South Atlantic for the remainder of the 2016 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, November 30, 2016, until January 1, 2017, the start of the next fishing year. During the recreational 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, 2017. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of hogfish in 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)(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 public 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 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)(i) have already been subject to notice and public comment. All that remains is to notify the public of the recreational closure for hogfish for the remainder of the 2016 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. Dated: November 22, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-28539 Filed 11-25-16; 8:45 am] BILLING CODE 3510-22-P
![85446 Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations
fishing year through this temporary rule. possession in the South Atlantic 30-day delay in the effectiveness of this
NMFS estimates that recreational onboard a vessel for which a valid action under 5 U.S.C. 553(d)(3).
landings have reached the recreational Federal charter vessel/headboat permit Authority: 16 U.S.C. 1801 et seq.
annual catch limit (ACL) for greater for South Atlantic snapper-grouper has
amberjack in the South Atlantic. been issued applies regardless of Dated: November 22, 2016.
Therefore, NMFS closes the recreational whether greater amberjack were Emily H. Menashes,
sector for greater amberjack in the South harvested in state or Federal waters. Acting Director, Office of Sustainable
Atlantic exclusive economic zone (EEZ) On October 4, 2016, NMFS closed the Fisheries, National Marine Fisheries Service.
through the remainder of the current commercial sector of greater amberjack [FR Doc. 2016–28546 Filed 11–25–16; 8:45 am]
fishing year (see DATES). This closure in the South Atlantic because the sector BILLING CODE 3510–22–P
is necessary to protect the greater had reached the commercial quota
amberjack resource in the South (equivalent to the commercial ACL) (81
Atlantic. FR 67215, September 30, 2016). Because DEPARTMENT OF COMMERCE
DATES: This rule is effective from 12:01
the commercial sector for South Atlantic
greater amberjack has already closed for National Oceanic and Atmospheric
a.m., local time, November 30, 2016, Administration
until 12:01 a.m. local time, on March 1, the remainder of the current fishing
2017. year, all harvest of South Atlantic
greater amberjack will end on November 50 CFR Part 622
FOR FURTHER INFORMATION CONTACT:
30, 2016. Both the commercial and [Docket No. 140819686–5999–02]
Mary Vara, NMFS Southeast Regional recreational sectors will reopen on
Office, telephone: 727–824–5305, email: March 1, 2017, the start of the next RIN 0648–XF042
mary.vara@noaa.gov. fishing year.
SUPPLEMENTARY INFORMATION: The Snapper-Grouper Fishery of the South
snapper-grouper fishery of the South Classification Atlantic; 2016 Recreational Closure for
Atlantic includes greater amberjack and The Regional Administrator, Hogfish in the South Atlantic
is managed under the Fishery Southeast Region, NMFS, has AGENCY: National Marine Fisheries
Management Plan for the Snapper- determined this temporary rule is Service (NMFS), National Oceanic and
Grouper Fishery of the South Atlantic necessary for the conservation and Atmospheric Administration (NOAA),
Region (FMP). The FMP was prepared management of South Atlantic greater Commerce.
by the South Atlantic Fishery amberjack and is consistent with the ACTION: Temporary rule; closure.
Management Council (Council) and is Magnuson-Stevens Act and other
implemented by NMFS under the applicable laws. SUMMARY: NMFS implements an
authority of the Magnuson-Stevens This action is taken under 50 CFR accountability measure (AM) for the
Fishery Conservation and Management 622.193(k)(2)(i) and is exempt from hogfish recreational sector in the
Act (Magnuson-Stevens Act) by review under Executive Order 12866. exclusive economic zone (EEZ) of the
regulations at 50 CFR part 622. These measures are exempt from the South Atlantic for the 2016 fishing year
The recreational ACL for South procedures of the Regulatory Flexibility through this temporary rule. NMFS
Atlantic greater amberjack is 1,167,837 Act because the temporary rule is issued estimates recreational landings from the
lb (529,722 kg), round weight, as without opportunity for prior notice and 2016 fishing year have reached the
specified at 50 CFR 622.193(k)(2)(i). The comment. recreational annual catch limit (ACL) for
fishing year for South Atlantic greater This action responds to the best hogfish. Therefore, NMFS closes the
amberjack is from March 1 through the scientific information available. The recreational sector for hogfish in the
end of February (50 CFR 622.7(d)). Assistant Administrator for NOAA South Atlantic EEZ on November 30,
Under 50 CFR 622.193(k)(2)(i), when Fisheries (AA) finds that the need to 2016, through the remainder of the 2016
landings of the greater amberjack immediately implement this action to fishing year. This closure is necessary to
recreational sector reach, or are close the recreational sector for greater protect the hogfish resource in the
projected to reach, the recreational ACL, amberjack constitutes good cause to South Atlantic.
NMFS is required to close the waive the requirements to provide prior
DATES: This rule is effective 12:01 a.m.,
recreational sector for greater amberjack notice and opportunity for public
comment on this temporary rule local time, November 30, 2016, until
by filing a notification to that effect with
pursuant to the authority set forth in 5 12:01 a.m., local time, January 1, 2017.
the Office of the Federal Register.
NMFS has determined that the U.S.C. 553(b)(B), because such FOR FURTHER INFORMATION CONTACT:
recreational ACL in the current fishing procedures are unnecessary and Mary Vara, NMFS Southeast Regional
year that is from March 1, 2016, through contrary to the public interest. Such Office, telephone: 727–824–5305, email:
the end of February 2017, has been procedures are unnecessary because the mary.vara@noaa.gov.
reached. Therefore, this temporary rule rule implementing the AM itself has SUPPLEMENTARY INFORMATION: The
implements an AM to close the been subject to notice and comment, snapper-grouper fishery of the South
recreational sector for greater amberjack and all that remains is to notify the Atlantic includes hogfish and is
in the South Atlantic for the remainder public of the closure. Such procedures managed under the Fishery
of the current fishing year. As a result, are contrary to the public interest Management Plan for the Snapper-
the recreational sector for greater because of the need to immediately Grouper Fishery of the South Atlantic
amberjack in the South Atlantic EEZ implement this action to protect greater Region (FMP). The FMP was prepared
mstockstill on DSK3G9T082PROD with RULES
will close effective 12:01 a.m., local amberjack. Prior notice and opportunity by the South Atlantic Fishery
time, November 30, 2016, until March 1, for public comment would require time Management Council and is
2017, the start of the next fishing year. and would potentially allow the implemented by NMFS under the
During the recreational closure, the recreational sector to further exceed the authority of the Magnuson-Stevens
bag and possession limits for greater recreational ACL. Fishery Conservation and Management
amberjack in or from the South Atlantic For the aforementioned reasons, the Act (Magnuson-Stevens Act) by
EEZ are zero. The prohibition on AA also finds good cause to waive the regulations at 50 CFR part 622.
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![Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / Rules and Regulations 85447
The recreational ACL for hogfish is determined this temporary rule is Amendment (77 FR 15916, March 16,
85,355 lb (38,716 kg) round weight. In necessary for the conservation and 2012) and located at 50 CFR
accordance with regulations at 50 CFR management of hogfish in the South 622.193(u)(2)(i) have already been
622.193(u)(2)(i), NMFS is required to Atlantic snapper-grouper fishery and is subject to notice and public comment.
close the recreational sector for hogfish consistent with the Magnuson-Stevens All that remains is to notify the public
when the recreational ACL has been Act and other applicable laws. of the recreational closure for hogfish
reached, or is projected to be reached, This action is taken under 50 CFR for the remainder of the 2016 fishing
by filing a notification to that effect with 622.193(u)(2)(i) and is exempt from year. Such procedures are contrary to
the Office of the Federal Register. review under Executive Order 12866. the public interest because of the need
NMFS has determined that the 2016 These measures are exempt from the to immediately implement this action to
hogfish recreational ACL has been
procedures of the Regulatory Flexibility protect the hogfish resource, since time
reached. Therefore, this temporary rule
Act because the temporary rule is issued for notice and public comment will
implements an AM to close the
without opportunity for prior notice and allow for continued recreational harvest
recreational sector for hogfish in the
public comment. and further exceedance of the
South Atlantic for the remainder of the
2016 fishing year. As a result, the This action responds to the best recreational ACL.
recreational sector for hogfish in the scientific information available. The
For the aforementioned reasons, the
South Atlantic EEZ will be closed Assistant Administrator for NOAA
AA also finds good cause to waive the
effective 12:01 a.m., local time, Fisheries (AA) finds that the need to
30-day delay in the effectiveness of this
November 30, 2016, until January 1, immediately implement this action to
close the recreational sector for hogfish action under 5 U.S.C. 553(d)(3).
2017, the start of the next fishing year.
During the recreational closure, the constitutes good cause to waive the Authority: 16 U.S.C. 1801 et seq.
bag and possession limits for hogfish in requirements to provide prior notice Dated: November 22, 2016.
or from the South Atlantic EEZ are zero. and opportunity for public comment on
Emily H. Menashes,
The recreational sector for hogfish will this temporary rule pursuant to 5 U.S.C.
553(b)(B), because such procedures are Acting Director, Office of Sustainable
reopen on January 1, 2017. Fisheries, National Marine Fisheries Service.
unnecessary and contrary to the public
Classification interest. Such procedures are [FR Doc. 2016–28539 Filed 11–25–16; 8:45 am]
The Regional Administrator, unnecessary because the AMs BILLING CODE 3510–22–P
Southeast Region, NMFS, has established by the Comprehensive ACL
mstockstill on DSK3G9T082PROD with RULES
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Document Created: 2018-02-14 08:36:22
Document Modified: 2018-02-14 08:36:22
| 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; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, November 30, 2016, until 12:01 a.m., local time, January 1, 2017. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 85446 | |
| RIN Number | 0648-XF04 |
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