[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Rules and Regulations]
[Page 55658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22182]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XD495


Snapper-Grouper Fishery of the South Atlantic; 2014 Recreational 
Accountability Measure and Closure for the South Atlantic Porgy Complex

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 
recreational porgy complex in the exclusive economic zone (EEZ) of the 
South Atlantic. In the South Atlantic, the porgy complex includes 
jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye 
porgy. Because recreational landings for the porgy complex in the 2013 
fishing year exceeded the recreational annual catch limit (ACL) for the 
complex NMFS monitored recreational landings in 2014 for a persistence 
in increased landings. Through this temporary rule NMFS now closes the 
recreational sector for the porgy complex in the South Atlantic EEZ on 
September 17, 2014, as the recreational ACL has been projected to have 
been met for the 2014 fishing year. This closure is necessary to 
protect the porgy complex resource.

DATES: This rule is effective 12:01 a.m., local time, September 17, 
2014, until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic, which includes the porgy complex, is managed under the 
Fishery Management Plan for Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). The FMP was prepared by the South Atlantic 
Fishery Management Council and is implemented 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 the porgy complex is 106,914 lb (48,495 
kg), round weight. In accordance with regulations at 50 CFR 
622.193(w)(2), if the recreational ACL is exceeded, 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. In the 2013 fishing 
year, recreational landings were 117,293 lb (53,203 kg), round weight, 
and therefore exceeded the recreational ACL by 10,379 lb (4,708 kg), 
round weight. Initial 2014 landings projections indicated that the 
recreational ACL would be harvested on September 17, 2014. However, 
updated landings information received on September 11, 2014, indicates 
that the ACL has already been harvested. Therefore, this temporary rule 
implements the post-season AM to reduce the fishing season for the 
recreational porgy complex within the snapper-grouper fishery in 2014. 
As a result, the recreational sector for the porgy complex will be 
closed effective 12:01 a.m., local time, September 17, 2014.
    During the closure, the bag and possession limit for the porgy 
complex in or from the South Atlantic EEZ is zero. The recreational 
sector for the porgy complex will reopen on January 1, 2015, the 
beginning of the 2015 recreational fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the South Atlantic porgy complex within the South Atlantic snapper-
grouper fishery and is consistent with the Magnuson-Stevens Act, the 
FMP, and other applicable laws.
    This action is taken under 50 CFR 622.193(w)(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 comment.
    This action responds to the best available scientific information 
recently obtained from the fishery. The AA finds that the need to 
immediately implement this action to close the recreational sector for 
the porgy 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 would be 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule itself has been subject to notice and 
comment, and all that remains is to notify the public of the closure. 
Such procedures would be contrary to the public interest because there 
is a need to immediately notify the public of the reduced recreational 
fishing season for the porgy complex for the 2014 fishing year, to 
prevent recreational harvest of the porgy complex from further 
exceeding the ACL, which will help protect the South Atlantic porgy 
resource.
    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: September 12, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-22182 Filed 9-12-14; 4:15 pm]
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