[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)]
[Rules and Regulations]
[Pages 60285-60286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XE831


Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational 
Accountability Measure and Closure for the South Atlantic Other Porgies 
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 other 
porgies complex recreational sector in the exclusive economic zone 
(EEZ) of the South Atlantic for the 2016 fishing year through this 
temporary rule. In the South Atlantic, the other porgies complex 
includes jolthead porgy, knobbed porgy, whitebone porgy, scup, and 
saucereye porgy. NMFS has determined that recreational landings of 
species in the other porgies complex have reached the recreational 
annual catch limit (ACL). Therefore, NMFS closes the recreational 
sector for the other porgies complex in the South Atlantic EEZ on 
September 3, 2016. This recreational closure is necessary to protect 
the other porgies complex resource.

DATES: This rule is effective 12:01 a.m., local time, September 3, 
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, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes species in the other porgies complex 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 porgies complex is 106,914 lb 
(48,495 kg), round weight. In accordance with regulations at 50 CFR 
622.193(w)(2)(i), if the recreational ACL is met, or is projected to be 
met, the NMFS Assistant Administrator (AA) will file a notification 
with the Office of the Federal Register to close the recreational 
sector for the remainder of the fishing year. Recreational landings in 
2016 from the Southeast Fisheries Science Center indicate that the 
recreational ACL has already been harvested. As a result, the 
recreational sector for the other porgies complex will be closed 
effective 12:01 a.m., local time, September 3, 2016.
    During the closure, the bag and possession limits for species in 
the other porgies complex in or from the South Atlantic EEZ are zero. 
The recreational sector for the other porgies complex will reopen on 
January 1, 2017, the beginning of the 2017 recreational fishing year.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of the South Atlantic other porgies complex and is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(w)(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 the other porgies 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 has already 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 there is a need 
to immediately implement this action to protect the species in the 
other porgies complex. Prior notice and opportunity for public comment 
would require time and would potentially allow the recreational sector 
to further exceed its ACL.

[[Page 60286]]

    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 29, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-21090 Filed 8-29-16; 4:15 pm]
 BILLING CODE 3510-22-P