[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Rules and Regulations]
[Pages 40075-40076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17958]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160906822-7547-02]
RIN 0648-XF602


Snapper-Grouper Fishery of the South Atlantic; 2017 Recreational 
and Commercial Closures for the Florida Keys/East Florida Stock of 
Hogfish in the South Atlantic and Gulf of Mexico

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 40076]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for the 
recreational and commercial sectors for the Florida Keys/East Florida 
(FLK/EFL) hogfish stock in the exclusive economic zone (EEZ) for the 
2017 fishing year through this temporary rule. NMFS estimates 
recreational and commercial hogfish landings for the FLK/EFL stock for 
the 2017 fishing year have reached their respective annual catch limits 
(ACLs). Therefore, NMFS closes the recreational and commercial sectors 
for the FLK/EFL stock of hogfish in the South Atlantic and Gulf of 
Mexico EEZ on August 24, 2017, through the remainder of the 2017 
fishing year. This closure is necessary to protect the FLK/EFL hogfish 
resource.

DATES: This rule is effective 12:01 a.m., local time, August 24, 2017, 
until 12:01 a.m., local time, January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 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 (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 final rule for Amendment 37 to the FMP established two stocks 
of hogfish with new stock boundaries under the jurisdiction of the 
Council (82 FR 34584; July 25, 2017). One stock is the Georgia through 
North Carolina (GA/NC) hogfish stock, which has a southern boundary 
extending east from the Florida and Georgia state border to the seaward 
boundary of the EEZ. The GA/NC stock's management area then extends 
northward to a line extending east from the North Carolina and Virginia 
state border to the seaward boundary of the EEZ. The other stock is the 
FLK/EFL hogfish stock. The FLK/EFL hogfish stock's management area 
extends south of 25[deg]09' N. latitude off the west coast of Florida 
in the Gulf of Mexico (near Cape Sable, Florida), east around South 
Florida, and then north off the east coast of Florida to a line 
extending east from the Florida/Georgia border to the seaward boundary 
of the EEZ. The final rule for Amendment 37 also established ACLs and 
AMs for both stocks of hogfish. The management measures in the final 
rule for Amendment 37 are effective on August 24, 2017.
    The final rule for Amendment 37 established a recreational ACL of 
15,689 fish and a commercial ACL of 3,510 lb (1592 kg), round weight, 
for the FLK/EFL hogfish stock for the 2017 fishing year. In accordance 
with regulations at 50 CFR 622.193(u)(2)(i) and (ii), the recreational 
and commercial AMs for the FLK/EFL stock require an in-season closure 
of the respective sector if that sector's ACL is met or is projected to 
be met, and NMFS is then required to close the applicable sector by 
filing a notification to that effect with the Office of the Federal 
Register.
    NMFS has determined that the 2017 recreational and commercial ACLs 
for the FLK/EFL hogfish stock established by Amendment 37 have already 
been reached. This temporary rule implements AMs to close the 
recreational and commercial sectors for the FLK/EFL hogfish stock for 
the remainder of the 2017 fishing year. Accordingly, this AM closes the 
recreational and commercial sectors for the FLK/EFL stock of hogfish in 
the South Atlantic EEZ effective 12:01 a.m. local time, August 24, 
2017, until January 1, 2018, the start of the next fishing year. As 
established in Amendment 37, harvest for the recreational sector 
reopens on May 1, 2018, as recreational harvest is prohibited January 
through April and November through December each year. During 
recreational and commercial closures, the bag and possession limits for 
the FLK/EFL stock of hogfish in or from the EEZ are zero.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the FLK/EFL stock 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(ii) 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 and 
commercial sectors for the FLK/EFL stock of 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 Amendment 37 (82 FR 34584, July 25, 2017) and located at 
50 CFR 622.193(u)(2)(i) and (ii) have already been subject to notice 
and public comment. All that remains is to notify the public of the 
recreational and commercial closures for the FLK/EFL stock of hogfish 
for the remainder of the 2017 fishing year. Such procedures are 
contrary to the public interest because of the need to immediately 
implement this action to protect the FLK/EFL hogfish resource, since 
time for notice and public comment will allow for continued 
recreational and commercial harvest and further exceedance of the 
recreational and commercial ACLs.
    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 21, 2017.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-17958 Filed 8-21-17; 4:15 pm]
 BILLING CODE 3510-22-P