81 FR 86970 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Recreational Sector for the South Atlantic Other Jacks Complex
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 232 (December 2, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 232 (December 2, 2016)
| Page Range | 86970-86970 | |
| FR Document | 2016-28942 |
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)] [Rules and Regulations] [Page 86970] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28942] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120815345-3525-02] RIN 0648-XF046 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Recreational Sector for the South Atlantic Other Jacks Complex AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; re-opening. ----------------------------------------------------------------------- SUMMARY: NMFS announces the re-opening of the recreational sector for the other jacks complex (lesser amberjack, almaco jack, and banded rudderfish) in the exclusive economic zone (EEZ) of the South Atlantic through this temporary rule. The most recent recreational landings of the other jacks complex indicate that the recreational annual catch limit (ACL) for 2016 fishing year has not yet been reached. Therefore, NMFS re-opens the recreational sector for the other jacks complex in the South Atlantic EEZ through the end of the 2016 fishing year or until the ACL is reached, whichever happens first, to allow the recreational ACL to be caught, while minimizing the risk of the recreational ACL being exceeded. DATES: This rule is effective 12:01 a.m., local time, December 2, 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 the other jacks complex which is composed of lesser amberjack, almaco jack, and banded rudderfish 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 other jacks complex in the South Atlantic is 267,799 lb (121,472 kg), round weight. Under 50 CFR 622.193(l)(2)(i), NMFS is required to close the recreational sector for the other jacks complex when landings reach, or are projected to reach, the recreational ACL by filing a notification to that effect with the Office of the Federal Register. NMFS previously projected that the recreational ACL for the South Atlantic other jacks complex for the 2016 fishing year would be reached by August 9, 2016. Accordingly, NMFS published a temporary rule in the Federal Register to implement accountability measures (AMs) to close the recreational sector for the other jacks complex in the South Atlantic EEZ effective from August 9, 2016, until the start of the 2017 fishing year on January 1, 2017 (81 FR 52366, August 8, 2016). However, the most recent landings data for the other jacks complex now indicate the recreational ACL has not been reached. Consequently, and in accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the recreational sector for the other jacks complex on December 2, 2016. The recreational sector will remain open through the remainder of 2016 fishing year or until the recreational ACL is reached, whichever happens first. Re-opening the recreational sector allows for an additional opportunity to recreationally harvest the other jacks complex while minimizing the risk of the recreational ACL being exceeded. Classification The Regional Administrator, NMFS Southeast Region, has determined this temporary rule is necessary for the conservation and management of the other jacks complex 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 622.8(c) 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 temporarily re-open the recreational sector for the other jacks complex 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), as such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the recreational ACL and AMs has been subject to notice and comment, and all that remains is to notify the public of the re- opening. Such procedures are contrary to the public interest because of the need to immediately implement this action to allow recreational fishers to harvest the recreational ACL of species of the other jacks complex from the EEZ. Prior notice and opportunity for public comment would require time and would delay the re-opening of the recreational sector. 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 28, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-28942 Filed 12-1-16; 8:45 am] BILLING CODE 3510-22-P
![86970 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Rules and Regulations
provided by the HMS Branch. The Therefore, NMFS re-opens the additional opportunity to recreationally
owner and operator shall ensure that the recreational sector for the other jacks harvest the other jacks complex while
form is submitted to the address complex in the South Atlantic EEZ minimizing the risk of the recreational
specified by the HMS Branch. through the end of the 2016 fishing year ACL being exceeded.
■ 5. In § 300.27, redesignate paragraphs or until the ACL is reached, whichever
happens first, to allow the recreational Classification
(e) through (h) as paragraph (g) through
(j) and add paragraphs (e) and (f) to read ACL to be caught, while minimizing the
The Regional Administrator, NMFS
as follows: risk of the recreational ACL being
Southeast Region, has determined this
exceeded.
§ 300.27 Incidental catch and tuna temporary rule is necessary for the
DATES: This rule is effective 12:01 a.m., conservation and management of the
retention requirements.
local time, December 2, 2016, until other jacks complex and the South
* * * * * 12:01 a.m., local time, January 1, 2017.
(e) Silky shark restrictions for purse Atlantic snapper-grouper fishery and is
FOR FURTHER INFORMATION CONTACT: consistent with the Magnuson-Stevens
seine vessels. The crew, operator, and Mary Vara, NMFS Southeast Regional
owner of a commercial purse seine Act and other applicable laws.
Office, telephone: 727–824–5305, email:
fishing vessel of the United States used mary.vara@noaa.gov. This action is taken under 50 CFR
to fish for tuna or tuna-like species is 622.8(c) and is exempt from review
SUPPLEMENTARY INFORMATION: The
prohibited from retaining on board, under Executive Order 12866.
snapper-grouper fishery of the South
transshipping, storing, or landing any
Atlantic includes the other jacks These measures are exempt from the
part or whole carcass of a silky shark
complex which is composed of lesser procedures of the Regulatory Flexibility
(Carcharhinus falciformis) that is caught
amberjack, almaco jack, and banded Act because the temporary rule is issued
in the Convention Area.
rudderfish and is managed under the without opportunity for prior notice and
(f) Silky shark restrictions for longline
Fishery Management Plan for the comment.
vessels. The crew, operator, and owner
Snapper-Grouper Fishery of the South
of a longline vessel of the United States This action responds to the best
Atlantic Region (FMP). The FMP was
used to fish for tuna or tuna-like species scientific information available. The
prepared by the South Atlantic Fishery
must limit the retained catch of silky Assistant Administrator for NOAA
Management Council and is
sharks caught in the IATTC Convention Fisheries (AA), finds that the need to
implemented by NMFS under the
Area to a maximum of 20 percent in immediately implement this action to
authority of the Magnuson-Stevens
weight of the total catch during each temporarily re-open the recreational
Fishery Conservation and Management
fishing trip that occurs in whole or in sector for the other jacks complex
Act (Magnuson-Stevens Act) by
part in the IATTC Convention Area. constitutes good cause to waive the
regulations at 50 CFR part 622.
* * * * * The recreational ACL for other jacks requirements to provide prior notice
[FR Doc. 2016–28968 Filed 12–1–16; 8:45 am] and opportunity for public comment
complex in the South Atlantic is
BILLING CODE 3510–22–P 267,799 lb (121,472 kg), round weight. pursuant to the authority set forth in 5
Under 50 CFR 622.193(l)(2)(i), NMFS is U.S.C. 553(b)(B), as such procedures are
required to close the recreational sector unnecessary and contrary to the public
DEPARTMENT OF COMMERCE for the other jacks complex when interest. Such procedures are
National Oceanic and Atmospheric landings reach, or are projected to reach, unnecessary because the rule
Administration the recreational ACL by filing a implementing the recreational ACL and
notification to that effect with the Office AMs has been subject to notice and
50 CFR Part 622 of the Federal Register. comment, and all that remains is to
NMFS previously projected that the notify the public of the re-opening. Such
[Docket No. 120815345–3525–02] recreational ACL for the South Atlantic procedures are contrary to the public
other jacks complex for the 2016 fishing interest because of the need to
RIN 0648–XF046
year would be reached by August 9,
immediately implement this action to
Fisheries of the Caribbean, Gulf of 2016. Accordingly, NMFS published a
allow recreational fishers to harvest the
Mexico, and South Atlantic; Re- temporary rule in the Federal Register
recreational ACL of species of the other
Opening of Recreational Sector for the to implement accountability measures
(AMs) to close the recreational sector for jacks complex from the EEZ. Prior
South Atlantic Other Jacks Complex notice and opportunity for public
the other jacks complex in the South
AGENCY: National Marine Fisheries Atlantic EEZ effective from August 9, comment would require time and would
Service (NMFS), National Oceanic and 2016, until the start of the 2017 fishing delay the re-opening of the recreational
Atmospheric Administration (NOAA), year on January 1, 2017 (81 FR 52366, sector.
Commerce. August 8, 2016). For the aforementioned reasons, the
ACTION: Temporary rule; re-opening. However, the most recent landings AA also finds good cause to waive the
data for the other jacks complex now 30-day delay in the effectiveness of this
SUMMARY: NMFS announces the re- indicate the recreational ACL has not action under 5 U.S.C. 553(d)(3).
opening of the recreational sector for the been reached. Consequently, and in
other jacks complex (lesser amberjack, accordance with 50 CFR 622.8(c), NMFS Authority: 16 U.S.C. 1801 et seq.
almaco jack, and banded rudderfish) in temporarily re-opens the recreational Dated: November 28, 2016.
jstallworth on DSK7TPTVN1PROD with RULES
the exclusive economic zone (EEZ) of sector for the other jacks complex on Emily H. Menashes,
the South Atlantic through this December 2, 2016. The recreational Acting Director, Office of Sustainable
temporary rule. The most recent sector will remain open through the Fisheries, National Marine Fisheries Service.
recreational landings of the other jacks remainder of 2016 fishing year or until [FR Doc. 2016–28942 Filed 12–1–16; 8:45 am]
complex indicate that the recreational the recreational ACL is reached,
BILLING CODE 3510–22–P
annual catch limit (ACL) for 2016 whichever happens first. Re-opening the
fishing year has not yet been reached. recreational sector allows for an
VerDate Sep<11>2014 14:49 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00066 Fmt 4700 Sfmt 9990 E:\FR\FM\02DER1.SGM 02DER1](https://thefederalregister.org/doc/81_FR_87202/page/1.svg)
Document Created: 2018-02-14 09:02:20
Document Modified: 2018-02-14 09:02:20
| 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; re-opening. | |
| Dates | This rule is effective 12:01 a.m., local time, December 2, 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 86970 | |
| RIN Number | 0648-XF04 |
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