[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Rules and Regulations]
[Page 48719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17633]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 1206013412-2517-02]
RIN 0648-XE757


Reef Fish Fishery of the Gulf of Mexico; 2016 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; quota reduction and 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 2016 fishing year through this 
temporary rule. NMFS has determined that the 2015 recreational annual 
catch limit (ACL) for Gulf greater amberjack was exceeded; therefore, 
NMFS reduces the greater amberjack recreational ACL and annual catch 
target (ACT) in 2016. NMFS has also determined that the recreational 
ACT for Gulf greater amberjack was reached prior to the June 1 annual 
season closure. Therefore, the greater amberjack recreational season in 
the Gulf EEZ will remain closed and will not be re-opening on August 1, 
2016. This closure is necessary to protect the Gulf greater amberjack 
resource.

DATES: This rule is effective from 12:01 a.m., local time, August 1, 
2016, until 12:01 a.m., local time, on January 1, 2017.

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

SUPPLEMENTARY INFORMATION: NMFS manages the Gulf reef fish fishery, 
which includes greater amberjack, under the Fishery Management Plan for 
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 2016 recreational ACL for Gulf greater amberjack specified in 
50 CFR 622.41(b)(2)(iii) is 1,255,600 lb (569,531 kg) and the 
recreational ACT specified in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb 
(495,492 kg). However, in 2015, the recreational harvest of greater 
amberjack exceeded the 2015 recreational ACL by 57,930 lb (26,277 kg). 
Therefore, consistent with the requirements specified in 50 CFR 
622.41(a)(2)(ii), NMFS reduces the recreational ACL for greater 
amberjack in 2016 to 1,197,670 lb (543,254 kg) and the recreational ACT 
to 1,034,442 lb (469,215 kg).
    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 2016 recreational ACT was reached prior to the annual 
season closure, which is effective from June 1 through July 31 each 
year. Accordingly, the recreational sector for Gulf greater amberjack 
will not re-open on August 1, because NMFS is closing recreational 
harvest of greater amberjack for the rest of the 2016 fishing year 
effective at 12:01 a.m., local time, August 1, 2016, until 12:01 a.m., 
local time, January 1, 2017, 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, 2017, the beginning of the 2017 recreational fishing year.

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 NOAA Fisheries (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: July 21, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-17633 Filed 7-21-16; 4:15 pm]
 BILLING CODE 3510-22-P