[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Page 52366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18677]



[[Page 52366]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XE774


Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational 
Accountability Measure and Closure for the South Atlantic Other Jacks 
Complex

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
recreational sector for the other jacks complex (lesser amberjack, 
almaco jack, and banded rudderfish) in the South Atlantic for the 2016 
fishing year through this temporary rule. NMFS projects that 
recreational landings of the other jacks complex will reach their 
combined recreational annual catch limit (ACL) by August 9, 2016. 
Therefore, NMFS closes the recreational 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 recreational ACL for the other jacks complex is 267,799 lb 
(121,472 kg), round weight. Under 50 CFR 622.193(l)(2)(i), NMFS is 
required to close the recreational sector for the other jacks complex 
when the recreational 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 recreational sector for 
this complex is projected to reach its ACL by August 9, 2016. 
Therefore, this temporary rule implements an AM to close the 
recreational sector for the other jacks complex in the South Atlantic, 
effective 12:01 a.m., local time, August 9, 2016, until January 1, 
2017, the start of the next fishing year.
    During the recreational closure, the bag and possession limits for 
the fish in the other jacks complex in or from the South Atlantic EEZ 
are zero. Additionally, NMFS closed the commercial sector for the other 
jacks complex effective on August 9, 2016, upon reaching the commercial 
ACL. Therefore, on August 9, 2016, no commercial or recreational 
harvest of fish in the other jacks complex from the South Atlantic EEZ 
is permitted for the remainder of 2016. The commercial sector for the 
other jacks complex re-opens on January 1, 2017.

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)(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 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 recreational 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. Prior notice and opportunity 
for public comment would require time and would potentially allow the 
recreational sector to exceed its 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: August 2, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-18677 Filed 8-2-16; 4:15 pm]
 BILLING CODE 3510-22-P