Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish, 48041-48042 [2015-19701]

Download as PDF 48041 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 13, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of today’s Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: July 30, 2015. Heather McTeer Toney, Regional Administrator, Region 4. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart L—Georgia 2. Section 52.570(e), is amended by adding an entry for ‘‘Atlanta 2008 8hour Ozone Marginal Area Requirements’’ at the end of the table to read as follows: ■ § 52.570 * Identification of plan. * * (e) * * * * * EPA-APPROVED GEORGIA NON-REGULATORY PROVISIONS Name of nonregulatory SIP provision Applicable geographic or nonattainment area * * Atlanta 2008 8-hour Ozone Marginal Area Requirements. * * * Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Newton, Paulding, and Rockdale Counties. Atmospheric Administration (NOAA), Commerce. [FR Doc. 2015–19728 Filed 8–10–15; 8:45 am] BILLING CODE 6560–50–P ACTION: 50 CFR Part 622 [Docket No. 120403249–2492–02] rmajette on DSK2TPTVN1PROD with RULES RIN 0648–XE087 Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish National Marine Fisheries Service (NMFS), National Oceanic and 15:24 Aug 10, 2015 Jkt 235001 NMFS implements accountability measures (AMs) for the golden tilefish recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2015 fishing year through this temporary rule. NMFS estimates recreational landings of golden tilefish in 2015 have exceeded the recreational annual catch limit (ACL). Therefore, NMFS closes the golden tilefish recreational sector in the South Atlantic EEZ on August 11, 2015. This closure is necessary to protect the golden tilefish resource. SUMMARY: National Oceanic and Atmospheric Administration VerDate Sep<11>2014 2/6/15 EPA Approval date Explanation * 8/11/15; [Insert citation of publication]. * .................... This rule is effective 12:01 a.m., local time, August 11, 2015, until 12:01 a.m., local time, January 1, 2016. DATES: FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE AGENCY: Temporary rule; closure. State submittal date/ effective date PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 Britni LaVine, NMFS Southeast Regional Office, telephone: 727–824– 5305, email: britni.lavine@noaa.gov. The snapper-grouper fishery of the South Atlantic includes golden tilefish and is managed under the Fishery Management Plan for the SnapperGrouper 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\11AUR1.SGM 11AUR1 48042 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations rmajette on DSK2TPTVN1PROD with RULES Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The recreational ACL for golden tilefish is 3,019 fish. In accordance with regulations at 50 CFR 622.193(a)(2), if recreational landings of golden tilefish exceed the recreational ACL, the Assistant Administrator, NMFS (AA), will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year. 2015 landings data from the NMFS Southeast Fisheries Science Center indicate that the golden tilefish recreational ACL has been exceeded. Therefore, this temporary rule implements an AM to close the golden tilefish recreational sector of the snapper-grouper fishery for the remainder of the 2015 fishing year. As a result, the recreational sector for golden tilefish in the South Atlantic EEZ will be closed effective 12:01 a.m., local time August 11, 2015. During the closure, the bag and possession limits for golden tilefish in or from the South Atlantic EEZ are zero. Additionally, during the following fishing year in 2016, NMFS will monitor recreational landings for a persistence in increased landings and, if necessary, reduce the length of the 2016 fishing season by the amount necessary to ensure landings do not exceed the recreational ACL, in accordance with 50 VerDate Sep<11>2014 15:24 Aug 10, 2015 Jkt 235001 CFR 622.193(a)(2). The recreational sector for golden tilefish will reopen on January 1, 2016, the beginning of the 2016 recreational fishing season. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of golden tilefish and the South Atlantic snapper-grouper fishery and is consistent with the MagnusonStevens Act and other applicable laws. This action is taken under 50 CFR 622.193(a)(2) 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 Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the recreational sector for golden tilefish 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 established by Regulatory Amendment 12 to the FMP (77 FR 61295, October 9, 2012) and located at 50 CFR 622.193(a)(2) have already been subject to notice and comment. The AMs authorize the AA to file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year if recreational landings reach, or are projected to reach, the recreational ACL. All that remains is to notify the public of the recreational closure for golden tilefish for the remainder of the 2015 fishing year. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect the golden tilefish 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: August 6, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–19701 Filed 8–6–15; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\11AUR1.SGM 11AUR1

Agencies

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48041-48042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19701]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-XE087


Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational 
Accountability Measure and Closure for South Atlantic Golden Tilefish

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 golden 
tilefish recreational sector in the exclusive economic zone (EEZ) of 
the South Atlantic for the 2015 fishing year through this temporary 
rule. NMFS estimates recreational landings of golden tilefish in 2015 
have exceeded the recreational annual catch limit (ACL). Therefore, 
NMFS closes the golden tilefish recreational sector in the South 
Atlantic EEZ on August 11, 2015. This closure is necessary to protect 
the golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, August 11, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Britni LaVine, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: britni.lavine@noaa.gov.

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes golden tilefish 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

[[Page 48042]]

Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622.
    The recreational ACL for golden tilefish is 3,019 fish. In 
accordance with regulations at 50 CFR 622.193(a)(2), if recreational 
landings of golden tilefish exceed the recreational ACL, the Assistant 
Administrator, NMFS (AA), will file a notification with the Office of 
the Federal Register to close the recreational sector for the remainder 
of the fishing year. 2015 landings data from the NMFS Southeast 
Fisheries Science Center indicate that the golden tilefish recreational 
ACL has been exceeded. Therefore, this temporary rule implements an AM 
to close the golden tilefish recreational sector of the snapper-grouper 
fishery for the remainder of the 2015 fishing year. As a result, the 
recreational sector for golden tilefish in the South Atlantic EEZ will 
be closed effective 12:01 a.m., local time August 11, 2015.
    During the closure, the bag and possession limits for golden 
tilefish in or from the South Atlantic EEZ are zero. Additionally, 
during the following fishing year in 2016, NMFS will monitor 
recreational landings for a persistence in increased landings and, if 
necessary, reduce the length of the 2016 fishing season by the amount 
necessary to ensure landings do not exceed the recreational ACL, in 
accordance with 50 CFR 622.193(a)(2). The recreational sector for 
golden tilefish will reopen on January 1, 2016, the beginning of the 
2016 recreational fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
golden tilefish 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 622.193(a)(2) 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 Fisheries, NOAA (AA), finds that the 
need to immediately implement this action to close the recreational 
sector for golden tilefish 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 Regulatory 
Amendment 12 to the FMP (77 FR 61295, October 9, 2012) and located at 
50 CFR 622.193(a)(2) have already been subject to notice and comment. 
The AMs authorize the AA to file a notification with the Office of the 
Federal Register to close the recreational sector for the remainder of 
the fishing year if recreational landings reach, or are projected to 
reach, the recreational ACL. All that remains is to notify the public 
of the recreational closure for golden tilefish for the remainder of 
the 2015 fishing year. Such procedures are contrary to the public 
interest because of the need to immediately implement this action to 
protect the golden tilefish 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: August 6, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-19701 Filed 8-6-15; 4:15 pm]
 BILLING CODE 3510-22-P
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