[Federal Register Volume 80, Number 161 (Thursday, August 20, 2015)]
[Rules and Regulations]
[Pages 50585-50586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20596]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-XE088


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

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 hogfish 
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 from the 2014 and 2015 fishing years 
have exceeded the recreational annual catch limit (ACL) for hogfish. 
Therefore, NMFS reduces the length of the 2015 recreational fishing 
season, i.e., closes the recreational sector, for hogfish in the South 
Atlantic EEZ on August 24, 2015. This closure is necessary to protect 
the hogfish resource.

DATES: This rule is effective 12:01 a.m., local time, August 24, 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 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.
    The recreational ACL for hogfish is 85,355 lb (38,716 kg) and was 
implemented through Regulatory Amendment 13 to the FMP (78 FR 36113, 
June 17, 2013). In accordance with regulations at 50 CFR 622.193(u)(2), 
if recreational landings exceed the recreational ACL, then NMFS will 
monitor recreational landings for a persistence in increased landings 
during the following fishing year. If necessary, 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.
    During the 2014 fishing year, hogfish recreational landings 
exceeded the recreational ACL by 26,448 lb (11,996 kg). For the 2015 
fishing year, preliminary landings data from the NMFS Southeast 
Fisheries Science Center indicate that the hogfish recreational ACL has 
been exceeded by 142,364 lb (64,575 kg). Therefore, this temporary rule 
implements an AM to reduce the length of the hogfish recreational 
sector (i.e., close the recreational sector) of the snapper-grouper 
fishery for the remainder of the 2015 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 August 24, 2015.
    During the 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, 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 
hogfish 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(u)(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 public comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for Fisheries,

[[Page 50586]]

NOAA (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) have already been subject to notice and 
public comment. All that remains is to notify the public of the reduced 
recreational season (recreational closure) for hogfish 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 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.

Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-20596 Filed 8-17-15; 4:15 pm]
 BILLING CODE 3510-22-P