[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Rules and Regulations]
[Pages 85446-85447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28539]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819686-5999-02]
RIN 0648-XF042


Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational 
Closure for Hogfish in the South Atlantic

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 hogfish 
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 from the 2016 fishing year have reached 
the recreational annual catch limit (ACL) for hogfish. Therefore, NMFS 
closes the recreational sector for hogfish in the South Atlantic EEZ on 
November 30, 2016, through the remainder of the 2016 fishing year. This 
closure is necessary to protect the hogfish resource in the South 
Atlantic.

DATES: This rule is effective 12:01 a.m., local time, November 30, 
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 hogfish 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.

[[Page 85447]]

    The recreational ACL for hogfish is 85,355 lb (38,716 kg) round 
weight. In accordance with regulations at 50 CFR 622.193(u)(2)(i), NMFS 
is required to close the recreational sector for hogfish 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 2016 hogfish recreational ACL has been 
reached. Therefore, this temporary rule implements an AM to close the 
recreational sector for hogfish in the South Atlantic for the remainder 
of the 2016 fishing year. As a result, the recreational sector for 
hogfish in the South Atlantic EEZ will be closed effective 12:01 a.m., 
local time, November 30, 2016, until January 1, 2017, the start of the 
next fishing year.
    During the recreational closure, the bag and possession limits for 
hogfish in or from the South Atlantic EEZ are zero. The recreational 
sector for hogfish will reopen on January 1, 2017.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
hogfish in 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(u)(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 hogfish 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 the Comprehensive ACL Amendment (77 FR 
15916, March 16, 2012) and located at 50 CFR 622.193(u)(2)(i) have 
already been subject to notice and public comment. All that remains is 
to notify the public of the recreational closure for hogfish for the 
remainder of the 2016 fishing year. Such procedures are contrary to the 
public interest because of the need to immediately implement this 
action to protect the hogfish resource, since time for notice and 
public comment will 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: November 22, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28539 Filed 11-25-16; 8:45 am]
 BILLING CODE 3510-22-P