[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48041-48042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19701]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-XE087


Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational 
Accountability Measure and Closure for South Atlantic Golden Tilefish

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 golden 
tilefish recreational sector in the exclusive economic zone (EEZ) of 
the South Atlantic for the 2015 fishing year through this temporary 
rule. NMFS estimates recreational landings of golden tilefish in 2015 
have exceeded the recreational annual catch limit (ACL). Therefore, 
NMFS closes the golden tilefish recreational sector in the South 
Atlantic EEZ on August 11, 2015. This closure is necessary to protect 
the golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, August 11, 2015, 
until 12:01 a.m., local time, January 1, 2016.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes golden tilefish 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

[[Page 48042]]

Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
    The recreational ACL for golden tilefish is 3,019 fish. In 
accordance with regulations at 50 CFR 622.193(a)(2), if recreational 
landings of golden tilefish exceed the recreational ACL, the Assistant 
Administrator, NMFS (AA), will file a notification with the Office of 
the Federal Register to close the recreational sector for the remainder 
of the fishing year. 2015 landings data from the NMFS Southeast 
Fisheries Science Center indicate that the golden tilefish recreational 
ACL has been exceeded. Therefore, this temporary rule implements an AM 
to close the golden tilefish recreational sector of the snapper-grouper 
fishery for the remainder of the 2015 fishing year. As a result, the 
recreational sector for golden tilefish in the South Atlantic EEZ will 
be closed effective 12:01 a.m., local time August 11, 2015.
    During the closure, the bag and possession limits for golden 
tilefish in or from the South Atlantic EEZ are zero. Additionally, 
during the following fishing year in 2016, NMFS will monitor 
recreational landings for a persistence in increased landings and, if 
necessary, reduce the length of the 2016 fishing season by the amount 
necessary to ensure landings do not exceed the recreational ACL, in 
accordance with 50 CFR 622.193(a)(2). The recreational sector for 
golden tilefish will reopen on January 1, 2016, the beginning of the 
2016 recreational fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
golden tilefish 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 622.193(a)(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 scientific information available. 
The Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to immediately implement this action to close the recreational 
sector for golden tilefish 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 Regulatory 
Amendment 12 to the FMP (77 FR 61295, October 9, 2012) and located at 
50 CFR 622.193(a)(2) have already been subject to notice and comment. 
The AMs authorize the AA to file a notification with the Office of the 
Federal Register to close the recreational sector for the remainder of 
the fishing year if recreational landings reach, or are projected to 
reach, the recreational ACL. All that remains is to notify the public 
of the recreational closure for golden tilefish for the remainder of 
the 2015 fishing year. Such procedures are contrary to the public 
interest because of the need to immediately implement this action to 
protect the golden tilefish 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: August 6, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-19701 Filed 8-6-15; 4:15 pm]
 BILLING CODE 3510-22-P