[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Rules and Regulations]
[Page 86970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28942]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XF046


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Recreational Sector for the South Atlantic Other Jacks 
Complex

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

ACTION: Temporary rule; re-opening.

-----------------------------------------------------------------------

SUMMARY: NMFS announces the re-opening of the recreational sector for 
the other jacks complex (lesser amberjack, almaco jack, and banded 
rudderfish) in the exclusive economic zone (EEZ) of the South Atlantic 
through this temporary rule. The most recent recreational landings of 
the other jacks complex indicate that the recreational annual catch 
limit (ACL) for 2016 fishing year has not yet been reached. Therefore, 
NMFS re-opens the recreational sector for the other jacks complex in 
the South Atlantic EEZ through the end of the 2016 fishing year or 
until the ACL is reached, whichever happens first, to allow the 
recreational ACL to be caught, while minimizing the risk of the 
recreational ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, December 2, 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 the other jacks complex which is composed of 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 other jacks complex in the South Atlantic 
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 landings reach, or are projected to reach, 
the recreational ACL by filing a notification to that effect with the 
Office of the Federal Register.
    NMFS previously projected that the recreational ACL for the South 
Atlantic other jacks complex for the 2016 fishing year would be reached 
by August 9, 2016. Accordingly, NMFS published a temporary rule in the 
Federal Register to implement accountability measures (AMs) to close 
the recreational sector for the other jacks complex in the South 
Atlantic EEZ effective from August 9, 2016, until the start of the 2017 
fishing year on January 1, 2017 (81 FR 52366, August 8, 2016).
    However, the most recent landings data for the other jacks complex 
now indicate the recreational ACL has not been reached. Consequently, 
and in accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
recreational sector for the other jacks complex on December 2, 2016. 
The recreational sector will remain open through the remainder of 2016 
fishing year or until the recreational ACL is reached, whichever 
happens first. Re-opening the recreational sector allows for an 
additional opportunity to recreationally harvest the other jacks 
complex while minimizing the risk of the recreational ACL being 
exceeded.

Classification

    The Regional Administrator, NMFS Southeast Region, has determined 
this temporary rule is necessary for the conservation and management of 
the other jacks complex and 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 622.8(c) 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 temporarily re-open 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 recreational ACL and AMs has been subject to notice 
and comment, and all that remains is to notify the public of the re-
opening. Such procedures are contrary to the public interest because of 
the need to immediately implement this action to allow recreational 
fishers to harvest the recreational ACL of species of the other jacks 
complex from the EEZ. Prior notice and opportunity for public comment 
would require time and would delay the re-opening of the recreational 
sector.
    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 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-28942 Filed 12-1-16; 8:45 am]
BILLING CODE 3510-22-P