[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51138-51139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XE754


Snapper-Grouper Fishery of the South Atlantic; 2016 Commercial 
Accountability Measure and Closure for the South Atlantic Lesser 
Amberjack, Almaco Jack, and Banded Rudderfish Complex

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 51139]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
commercial sector for the lesser amberjack, almaco jack, and banded 
rudderfish complex (other jacks complex) in the South Atlantic for the 
2016 fishing year through this temporary rule. NMFS projects that 
commercial landings of the other jacks complex will reach their 
combined commercial annual catch limit (ACL) by August 9, 2016. 
Therefore, NMFS closes the commercial sector for this complex on August 
9, 2016, through the remainder of the fishing year in the exclusive 
economic zone (EEZ) of the South Atlantic. This closure is necessary to 
protect the lesser amberjack, almaco jack, and banded rudderfish 
resources.

DATES: This rule is effective 12:01 a.m., local time, August 9, 2016, 
until 12:01 a.m., local time, January 1, 2017.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes lesser amberjack, almaco jack, and banded rudderfish, 
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 combined commercial ACL for the other jacks complex is 189,422 
lb (85,920 kg), round weight. Under 50 CFR 622.193(l)(1)(i), NMFS is 
required to close the commercial sector for the other jacks complex 
when the commercial ACL has been reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. NMFS has determined that the commercial sector for 
this complex is projected to reach its ACL by August 9, 2016. 
Therefore, this temporary rule implements an AM to close the commercial 
sector for the other jacks complex in the South Atlantic, effective 
12:01 a.m., local time August 9, 2016.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having lesser amberjack, almaco jack, or 
banded rudderfish on board must have landed and bartered, traded, or 
sold such species prior to 12:01 a.m., local time, August 9, 2016. 
During the closure, the bag limit specified in 50 CFR 622.187(b)(8) and 
the possession limits specified in 50 CFR 622.187(c) apply to all 
harvest or possession of lesser amberjack, almaco jack, or banded 
rudderfish in or from the South Atlantic EEZ. These bag and possession 
limits apply in the South Atlantic on board a vessel for which a valid 
Federal commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, regardless of whether such species 
were harvested in state or Federal waters. During the closure, the sale 
or purchase of lesser amberjack, almaco jack, or banded rudderfish 
taken from the EEZ is prohibited.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the fish in the other jacks complex, a component of 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(l)(1)(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 public 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 commercial sector for 
the other jacks complex constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such 
procedures are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule implementing the AM itself 
has been 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 the other jacks complex since the capacity of the 
fishing fleet allows for rapid harvest of the commercial ACL. Prior 
notice and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
commercial 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 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-18249 Filed 8-2-16; 8:45 am]
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