[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Rules and Regulations]
[Pages 85445-85446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28546]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140819686-5999-02]
RIN 0648-XF045


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

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 
recreational sector of greater amberjack in the exclusive economic zone 
(EEZ) of the South Atlantic for the current

[[Page 85446]]

fishing year through this temporary rule. NMFS estimates that 
recreational landings have reached the recreational annual catch limit 
(ACL) for greater amberjack in the South Atlantic. Therefore, NMFS 
closes the recreational sector for greater amberjack in the South 
Atlantic exclusive economic zone (EEZ) through the remainder of the 
current fishing year (see DATES). This closure is necessary to protect 
the greater amberjack resource in the South Atlantic.

DATES: This rule is effective from 12:01 a.m., local time, November 30, 
2016, until 12:01 a.m. local time, on March 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 greater amberjack 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 (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 South Atlantic greater amberjack is 
1,167,837 lb (529,722 kg), round weight, as specified at 50 CFR 
622.193(k)(2)(i). The fishing year for South Atlantic greater amberjack 
is from March 1 through the end of February (50 CFR 622.7(d)). Under 50 
CFR 622.193(k)(2)(i), when landings of the greater amberjack 
recreational sector reach, or are projected to reach, the recreational 
ACL, NMFS is required to close the recreational sector for greater 
amberjack by filing a notification to that effect with the Office of 
the Federal Register.
    NMFS has determined that the recreational ACL in the current 
fishing year that is from March 1, 2016, through the end of February 
2017, has been reached. Therefore, this temporary rule implements an AM 
to close the recreational sector for greater amberjack in the South 
Atlantic for the remainder of the current fishing year. As a result, 
the recreational sector for greater amberjack in the South Atlantic EEZ 
will close effective 12:01 a.m., local time, November 30, 2016, until 
March 1, 2017, the start of the next fishing year.
    During the recreational closure, the bag and possession limits for 
greater amberjack in or from the South Atlantic EEZ are zero. The 
prohibition on possession in the South Atlantic onboard a vessel for 
which a valid Federal charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued applies regardless of whether greater 
amberjack were harvested in state or Federal waters.
    On October 4, 2016, NMFS closed the commercial sector of greater 
amberjack in the South Atlantic because the sector had reached the 
commercial quota (equivalent to the commercial ACL) (81 FR 67215, 
September 30, 2016). Because the commercial sector for South Atlantic 
greater amberjack has already closed for the remainder of the current 
fishing year, all harvest of South Atlantic greater amberjack will end 
on November 30, 2016. Both the commercial and recreational sectors will 
reopen on March 1, 2017, the start of the next fishing year.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic greater amberjack and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(k)(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 Assistant Administrator for NOAA Fisheries (AA) finds that the need 
to immediately implement this action to close the recreational sector 
for greater amberjack constitutes good cause to waive the requirements 
to provide prior notice and opportunity for public comment on this 
temporary rule pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), because 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 greater amberjack. Prior 
notice and opportunity for public comment would require time and would 
potentially allow the recreational sector to further exceed 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. 2016-28546 Filed 11-25-16; 8:45 am]
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