[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)]
[Rules and Regulations]
[Page 58411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20412]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-XE829


Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational 
Accountability Measure and Closure for South Atlantic Golden Tilefish

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 golden 
tilefish recreational sector in the exclusive economic zone (EEZ) of 
the South Atlantic for the 2016 fishing year through this temporary 
rule. NMFS estimates recreational landings of golden tilefish in 2016 
have exceeded the recreational annual catch limit (ACL). Therefore, 
NMFS closes the golden tilefish recreational sector in the South 
Atlantic EEZ on August 27, 2016. This closure is necessary to protect 
the golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, August 27, 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 golden tilefish 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 golden tilefish is 3,019 fish. In 
accordance with regulations at 50 CFR 622.193(a)(2)(i), if recreational 
landings of golden tilefish reach the recreational ACL, the Assistant 
Administrator for NOAA Fisheries (AA) will file a notification with the 
Office of the Federal Register to close the recreational sector for the 
remainder of the fishing year. Landings data from the NMFS Southeast 
Fisheries Science Center in 2016 indicate that the golden tilefish 
recreational ACL has been exceeded. Therefore, this temporary rule 
implements an AM to close the golden tilefish recreational sector of 
the snapper-grouper fishery for the remainder of the 2016 fishing year. 
As a result, the recreational sector for golden tilefish in the South 
Atlantic EEZ will be closed effective 12:01 a.m., local time August 27, 
2016.
    During the closure, the bag and possession limits for golden 
tilefish in or from the South Atlantic EEZ are zero. The recreational 
sector for golden tilefish will reopen on January 1, 2017, the 
beginning of the 2017 recreational fishing season.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of South Atlantic golden tilefish and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(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 AA finds that the need to immediately implement this action to 
close the recreational sector for golden tilefish constitutes good 
cause to waive the requirements to provide prior notice and opportunity 
for public comment on this temporary rule pursuant to 5 U.S.C. 
553(b)(B), because such procedures are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the AMs 
established by Regulatory Amendment 12 to the FMP (77 FR 61295, October 
9, 2012) have already been subject to notice and comment. All that 
remains is to notify the public of the recreational closure for golden 
tilefish for the remainder of the 2016 fishing year. Prior notice and 
opportunity for comment are contrary to the public interest because of 
the need to immediately implement this action to protect the golden 
tilefish resource. Time required for notice and public comment would 
allow for continued recreational harvest and further exceedance of 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: August 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20412 Filed 8-22-16; 4:15 pm]
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