[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)]
[Rules and Regulations]
[Pages 56930-56931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23605]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XE182


Reef Fish Fishery of the Gulf of Mexico; 2015 Recreational 
Accountability Measures and Closure for Gulf of Mexico Greater 
Amberjack

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 greater 
amberjack recreational sector in the exclusive economic zone (EEZ) of 
the Gulf of Mexico (Gulf) for the 2015 fishing year through this 
temporary rule. NMFS has determined that the recreational annual catch 
target (ACT) for Gulf greater amberjack will be reached by September 
27, 2015. Therefore, NMFS is closing the recreational sector for 
greater amberjack in the Gulf EEZ on September 28, 2015. This closure 
is necessary to protect the Gulf greater amberjack resource.

DATES: This rule is effective from 12:01 a.m., local time, September 
28, 2015, until 12:01 a.m., local time on January 1, 2016.

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

SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the 
Gulf, which includes greater amberjack, under the Fishery Management 
Plan for

[[Page 56931]]

the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery 
Management Council (Council) prepared the FMP and NMFS implements the 
FMP under the authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 
622. All greater amberjack weights discussed in this temporary rule are 
in round weight.
    The 2015 recreational annual catch limit (ACL) for Gulf greater 
amberjack is 1,299,000 lb (589,216 kg) and the recreational ACT 
(recreational quota) is 1,130,000 lb (512,559 kg) as specified in 50 
CFR 622.41(a)(2)(iii) and 622.39(a)(2)(ii), respectively.
    Under 50 CFR 622.41(a)(2)(i), NMFS is required to close the 
recreational sector for greater amberjack when the recreational ACT is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. NMFS has 
determined the 2015 recreational ACT will be reached by September 27, 
2015. Accordingly, NMFS closes the recreational sector for Gulf greater 
amberjack effective 12:01 a.m., local time, September 28, 2015, until 
12:01 a.m., local time, January 1, 2016, the start of the next fishing 
year.
    During the recreational closure, the bag and possession limits for 
greater amberjack in or from the Gulf EEZ are zero. The prohibition on 
possession in the Gulf on board a vessel for which a valid Federal 
charter vessel/headboat permit for Gulf reef fish has been issued 
applies regardless of whether greater amberjack were harvested in state 
or Federal waters.
    The recreational sector for greater amberjack 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 
Gulf greater amberjack and is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    This action is taken under 50 CFR 622.41(a)(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 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 greater amberjack constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), because such procedures are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the rule 
establishing the closure provisions was subject to notice and comment, 
and all that remains is to notify the public of the closure. Such 
procedures are contrary to the public interest because of the need to 
immediately implement this action to protect greater amberjack. Prior 
notice and opportunity for public comment would require time and would 
potentially allow the recreational sector to exceed 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: September 16, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-23605 Filed 9-16-15; 4:15 pm]
 BILLING CODE 3510-22-P