[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59665-59666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25129]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100217095-2081-04]
RIN 0648-XE217


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2015 Recreational 
Accountability Measure and Closure for Red Grouper

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; accountability measures.

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SUMMARY: NMFS implements accountability measures (AMs) for the red 
grouper recreational sector in the exclusive economic zone (EEZ) of the 
Gulf of Mexico (Gulf) for the 2015 fishing year through this temporary 
rule. NMFS projects the recreational sector will reach the recreational 
annual catch limit (ACL) by October 7, 2015. Therefore, the red grouper 
recreational sector in the Gulf EEZ will close at 12:01 a.m., local 
time, October 8, 2015. This closure is necessary to protect the Gulf 
red grouper resource.

DATES: The recreational sector closure for red grouper in the Gulf EEZ 
is effective at 12:01 a.m., local time, October 8, 2015, until January 
1, 2016.

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

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which 
includes red grouper, is managed under the Fishery Management Plan for 
the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was 
prepared by the Gulf of Mexico Fishery Management Council and is 
implemented by NMFS through regulations at 50 CFR part 622 under the 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). All weights specified in this rule are in 
gutted weight.
    In accordance with regulations at 50 CFR 622.41(e)(2)(i), if red 
grouper recreational landings reach or are projected to reach the 
recreational ACL and without regard to overfished status, NMFS will 
close the red grouper recreational sector in the Gulf EEZ for the 
remainder of the fishing year by filing a notification to that effect 
with the Office of the Federal Register. The

[[Page 59666]]

Gulf red grouper recreational ACL is 1.90 million lb (0.862 million 
kg), as specified in 50 CFR 622.41(e)(2)(iv). Gulf red grouper are not 
overfished based on the most recent Status of U.S. Fisheries Report to 
Congress. Based on 2015 recreational landings data thus far, NMFS 
projects the recreational sector will reach the red grouper 
recreational ACL by October 7, 2015. Therefore, NMFS closes the red 
grouper recreational sector in the Gulf EEZ at 12:01 a.m., local time, 
October 8, 2015, through December 31, 2015.
    During the recreational sector closure, the bag and possession 
limits for red grouper in or from the Gulf EEZ are zero. These bag and 
possession limits also apply in the Gulf on board a vessel for which a 
valid Federal charter vessel/headboat permit for Gulf reef fish has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    The recreational sector for red grouper 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 red grouper and is consistent with the Magnuson-Stevens Act and 
other applicable laws.
    This action is taken under 50 CFR 622.41(e)(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 red grouper 
recreational sector 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 red grouper. Prior notice 
and opportunity for public comment would require time and could 
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 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-25129 Filed 9-29-15; 4:15 pm]
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