80 FR 25966 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 87 (May 6, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 87 (May 6, 2015)
| Page Range | 25966-25967 | |
| FR Document | 2015-10595 |
[Federal Register Volume 80, Number 87 (Wednesday, May 6, 2015)] [Rules and Regulations] [Pages 25966-25967] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-10595] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120815345-3525-02] RIN 0648-XD901 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures for commercial gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for gray triggerfish, will reach the commercial annual catch limit (ACL) on May 8, 2015. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on May 8, 2015, and it will remain closed until NMFS announces the start of the next fishing season. This closure is necessary to protect the gray triggerfish resource. DATES: This rule is effective 12:01 a.m., local time, May 8, 2015, until NMFS [[Page 25967]] announces the start of the next fishing season by publishing a document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: catherine.hayslip@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes gray triggerfish 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 commercial ACL for gray triggerfish in the South Atlantic is 272,880 lb (123,776 kg), round weight, for the current fishing year, January 1 through December 31, 2015, as specified in 50 CFR 622.193(q)(1)(i). Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the commercial sector for gray triggerfish when the commercial ACL is 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 commercial ACL for South Atlantic gray triggerfish will be reached on May 8, 2015. Accordingly, the commercial sector for South Atlantic gray triggerfish is closed effective 12:01 a.m., local time, May 8, 2015, until NMFS announces the start of the next fishing season. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having gray triggerfish on board must have landed and bartered, traded, or sold such gray triggerfish prior to 12:01 a.m., local time, May 8, 2015. During the closure, the bag limit specified in 50 CFR 622.187(b)(8), applies to all harvest or possession of gray triggerfish in or from the South Atlantic EEZ. During the closure, the possession limits specified in 50 CFR 622.187(c), apply to all harvest or possession of gray triggerfish in or from the South Atlantic EEZ. During the closure, the sale or purchase of gray triggerfish taken from the South Atlantic EEZ is prohibited. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and sale and purchase provisions of the commercial closure for gray triggerfish would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.193(q)(1)(i). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of gray triggerfish 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(q)(1) 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 commercial sector for gray triggerfish 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 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 gray triggerfish since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial 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: May 1, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-10595 Filed 5-1-15; 4:15 pm] BILLING CODE 3510-22-P
![25966 Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations
otherwise has federalism implications. (ii)(A) Except as provided in section, a Part D sponsor or its PBM
Since this regulation does not impose paragraph (c)(6)(v) of this section, a Part must do the following:
any costs on state or local governments, D plan sponsor must reject, or must (1) Provide the beneficiary with the
the requirements of Executive Order require its PBM to reject, a pharmacy following, subject to all other Part D
13132 are not applicable. In accordance claim for a Part D drug unless the rules and plan coverage requirements:
with the provisions of Executive Order physician or, when permitted by (i) A 3-month provisional supply of
12866, this IFC was reviewed by the applicable State law, the eligible the drug (as prescribed by the prescriber
Office of Management and Budget. professional (as defined in section and if allowed by applicable law).
1848(k)(3)(B) of the Act) who prescribed (ii) Written notice within 3 business
List of Subjects in 42 CFR Part 423 days after adjudication of the claim or
the drug—
Administrative practice and (1) Is enrolled in the Medicare request in a form and manner specified
procedure, Emergency medical services, program in an approved status; or by CMS.
Health facilities, Health maintenance (2) Has a valid opt-out affidavit on file (2) Ensure that reasonable efforts are
organizations (HMO), Health made to notify the prescriber of a
with a Part A/B Medicare
professionals, Medicare, Penalties, beneficiary who was sent a notice under
Administrative Contractor (MAC).
Privacy, Reporting and recordkeeping paragraph (c)(6)(v)(B)(1)(ii) of this
(B) Pharmacy claims for Part D drugs
requirements. section.
prescribed by an other authorized
For the reasons stated in the preamble prescriber (as defined in § 423.100) are * * * * *
of this interim final rule with comment not subject to the requirements specified Dated: April 17, 2015.
period, the Centers for Medicare & in paragraph (c)(6)(ii)(A) of this section. Andrew M. Slavitt,
Medicaid Services amends 42 CFR part (iii) Except as provided in paragraph Acting Administrator, Centers for Medicare
423 as follows: (c)(6)(v) of this section, a Part D plan & Medicaid Services.
sponsor must deny, or must require its Dated: April 29, 2015.
PART 423—VOLUNTARY MEDICARE PBM to deny, a request for Sylvia M. Burwell,
PRESCRIPTION DRUG PROGRAM reimbursement from a Medicare Secretary, Department of Health and Human
beneficiary unless the request pertains Services.
■ 1. The authority citation for part 423 to a Part D drug that was prescribed [FR Doc. 2015–10545 Filed 5–1–15; 4:15 pm]
continues to read as follows: by— BILLING CODE 4120–01–P
Authority: Secs. 1102, 1106, 1860D–1 (A) A physician or, when permitted
through 1860D–42, and 1871 of the Social by applicable State law, other eligible
Security Act (42 U.S.C. 1302, 1306, 1395w– professional (as defined in section
101 through 1395w–152, and 1395hh). DEPARTMENT OF COMMERCE
1848(k)(3)(B) of the Act) who is
■ 2. Amend § 423.100 by adding a identified by name in the request and National Oceanic and Atmospheric
definition of ‘‘Other authorized who— Administration
prescriber’’ in alphabetical order to read (1) Is enrolled in Medicare in an
as follows: approved status; or 50 CFR Part 622
(2) Has a valid opt-out affidavit on file
§ 423.100 Definitions. [Docket No. 120815345–3525–02]
with a Part A/B MAC; or
* * * * * (B) An other authorized prescriber (as RIN 0648–XD901
Other authorized prescriber means, defined in § 423.100) who is identified
for purposes of § 423.120(c)(6) only, an by name in the request. Fisheries of the Caribbean, Gulf of
individual other than a physician (as (iv) A Part D plan sponsor submitting Mexico, and South Atlantic; 2015
defined in section 1861(r) of the Act) or a prescription drug event (PDE) to CMS Commercial Accountability Measure
eligible professional (as defined in must include on the PDE the active and and Closure for South Atlantic Gray
section 1848(k)(3)(B) of the Act) who is valid individual NPI of the prescriber of Triggerfish
authorized under State or other the drug, who must— AGENCY: National Marine Fisheries
applicable law to write prescriptions. (A)(1) Be enrolled in Medicare in an Service (NMFS), National Oceanic and
* * * * * approved status, or Atmospheric Administration (NOAA),
■ 3. Amend § 423.120 by revising (2) Have a valid opt out affidavit on Commerce.
paragraphs (c)(5) introductory text and file with a Part A/B MAC; or ACTION: Temporary rule; closure.
(c)(6) to read as follows: (B) Be an other authorized prescriber
(as defined in § 423.100). SUMMARY: NMFS implements
§ 423.120 Access to covered Part D drugs. accountability measures for commercial
(v)(A) A Part D sponsor or its PBM
* * * * * must not reject a pharmacy claim for a gray triggerfish in the exclusive
(c) * * * Part D drug under paragraph (c)(6)(ii) of economic zone (EEZ) of the South
* * * * * the section or deny a request for Atlantic. NMFS projects commercial
(5) Before January 1, 2016, the reimbursement under paragraph landings for gray triggerfish, will reach
following are applicable: (c)(6)(iii) of this section unless the the commercial annual catch limit
* * * * * sponsor has provided the provisional (ACL) on May 8, 2015. Therefore, NMFS
(6) Beginning January 1, 2016, the coverage of the drug and written notice is closing the commercial sector for gray
following are applicable: to the beneficiary required by paragraph triggerfish in the South Atlantic EEZ on
(i) A Part D plan sponsor must reject, (c)(6)(v)(B) of this section. May 8, 2015, and it will remain closed
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or must require its pharmaceutical (B) Upon receipt of a pharmacy claim until NMFS announces the start of the
benefit manager (PBM) to reject, a or beneficiary request for next fishing season. This closure is
pharmacy claim for a Part D drug unless reimbursement for a Part D drug that a necessary to protect the gray triggerfish
the claim contains the active and valid Part D sponsor would otherwise be resource.
National Provider Identifier (NPI) of the required to reject or deny in accordance DATES: This rule is effective 12:01 a.m.,
prescriber who prescribed the drug. with paragraphs (c)(6)(ii) or (iii) of this local time, May 8, 2015, until NMFS
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![Federal Register / Vol. 80, No. 87 / Wednesday, May 6, 2015 / Rules and Regulations 25967
announces the start of the next fishing triggerfish would apply regardless of DEPARTMENT OF COMMERCE
season by publishing a document in the whether the fish are harvested in state
Federal Register. or Federal waters, as specified in 50 National Oceanic and Atmospheric
FOR FURTHER INFORMATION CONTACT: CFR 622.193(q)(1)(i). Administration
Catherine Hayslip, NMFS Southeast
Regional Office, telephone: 727–824– Classification 50 CFR Part 679
5305, email: catherine.hayslip@ The Regional Administrator, [Docket No. 140918791–4999–02]
noaa.gov. Southeast Region, NMFS, has RIN 0648–XD929
SUPPLEMENTARY INFORMATION: The determined this temporary rule is
snapper-grouper fishery of the South necessary for the conservation and Fisheries of the Economic Exclusive
Atlantic includes gray triggerfish and is management of gray triggerfish and the Zone Off Alaska; Groundfish Fishery
managed under the Fishery South Atlantic snapper-grouper fishery by Non-Rockfish Program Catcher
Management Plan for the Snapper- and is consistent with the Magnuson- Vessels Using Trawl Gear in the
Grouper Fishery of the South Atlantic Stevens Act and other applicable laws. Western and Central Regulatory Area
Region (FMP). The FMP was prepared of the Gulf of Alaska
by the South Atlantic Fishery This action is taken under 50 CFR
Management Council and is 622.193(q)(1) and is exempt from review AGENCY: National Marine Fisheries
implemented by NMFS under the under Executive Order 12866. Service (NMFS), National Oceanic and
authority of the Magnuson-Stevens These measures are exempt from the Atmospheric Administration (NOAA),
Fishery Conservation and Management procedures of the Regulatory Flexibility Commerce.
Act (Magnuson-Stevens Act) by Act because the temporary rule is issued ACTION: Temporary rule; closure.
regulations at 50 CFR part 622. without opportunity for prior notice and SUMMARY: NMFS is prohibiting directed
The commercial ACL for gray comment. fishing for groundfish, other than
triggerfish in the South Atlantic is
This action responds to the best pollock, by non-Rockfish Program
272,880 lb (123,776 kg), round weight,
scientific information available. The catcher vessels using trawl gear in the
for the current fishing year, January 1
Assistant Administrator for Fisheries, Western and Central Regulatory Areas of
through December 31, 2015, as specified
NOAA (AA), finds that the need to the Gulf of Alaska (GOA). This action is
in 50 CFR 622.193(q)(1)(i).
Under 50 CFR 622.193(q)(1)(i), NMFS immediately implement this action to necessary to prevent exceeding the 2015
is required to close the commercial close the commercial sector for gray Chinook salmon prohibited species
sector for gray triggerfish when the triggerfish constitutes good cause to catch limit established for non-Rockfish
commercial ACL is reached, or is waive the requirements to provide prior Program catcher vessels using trawl gear
projected to be reached, by filing a notice and opportunity for public and directed fishing for groundfish,
notification to that effect with the Office comment pursuant to the authority set other than pollock, in the Western and
of the Federal Register. NMFS has forth in 5 U.S.C. 553(b)(B), as such Central Regulatory Areas of the GOA.
determined that the commercial ACL for procedures are unnecessary and DATES: Effective 1200 hours, Alaska
South Atlantic gray triggerfish will be contrary to the public interest. Such local time (A.l.t.), May 3, 2015, through
reached on May 8, 2015. Accordingly, procedures are unnecessary because the 2400 hours, A.l.t., December 31, 2015.
the commercial sector for South Atlantic rule itself has been subject to notice and FOR FURTHER INFORMATION CONTACT: Josh
gray triggerfish is closed effective 12:01 comment, and all that remains is to Keaton, 907–586–7228.
a.m., local time, May 8, 2015, until notify the public of the closure. Such SUPPLEMENTARY INFORMATION: NMFS
NMFS announces the start of the next procedures are contrary to the public manages the groundfish fishery in the
fishing season. interest because of the need to GOA exclusive economic zone
The operator of a vessel with a valid immediately implement this action to according to the Fishery Management
commercial vessel permit for South Plan for Groundfish of the Gulf of
protect gray triggerfish since the
Atlantic snapper-grouper having gray Alaska (FMP) prepared by the North
capacity of the fishing fleet allows for
triggerfish on board must have landed Pacific Fishery Management Council
rapid harvest of the commercial ACL.
and bartered, traded, or sold such gray under authority of the Magnuson-
triggerfish prior to 12:01 a.m., local Prior notice and opportunity for public
Stevens Fishery Conservation and
time, May 8, 2015. During the closure, comment would require time and would Management Act. Regulations governing
the bag limit specified in 50 CFR potentially result in a harvest well in fishing by U.S. vessels in accordance
622.187(b)(8), applies to all harvest or excess of the established commercial with the FMP appear at subpart H of 50
possession of gray triggerfish in or from ACL. CFR part 600 and 50 CFR part 679.
the South Atlantic EEZ. During the For the aforementioned reasons, the The 2015 Chinook salmon prohibited
closure, the possession limits specified AA also finds good cause to waive the species catch (PSC) limit for non-
in 50 CFR 622.187(c), apply to all 30-day delay in the effectiveness of this Rockfish Program catcher vessels
harvest or possession of gray triggerfish action under 5 U.S.C. 553(d)(3). directed fishing for groundfish, other
in or from the South Atlantic EEZ. than pollock, using trawl gear in the
Authority: 16 U.S.C. 1801 et seq.
During the closure, the sale or purchase Western and Central Regulatory Areas of
of gray triggerfish taken from the South Dated: May 1, 2015. the GOA is 2,700 Chinook salmon
Atlantic EEZ is prohibited. Emily H. Menashes, (§ 679.21(i)(3)(i)(C)).
For a person on board a vessel for In accordance with § 679.21(i)(7), the
tkelley on DSK3SPTVN1PROD with RULES
Acting Director, Office of Sustainable
which a Federal commercial or charter Fisheries, National Marine Fisheries Service. Regional Administrator has determined
vessel/headboat permit for the South [FR Doc. 2015–10595 Filed 5–1–15; 4:15 pm]
that the 2015 Chinook salmon PSC limit
Atlantic snapper-grouper fishery has established for non-Rockfish Program
BILLING CODE 3510–22–P
been issued, the bag and possession catcher vessels directed fishing for
limits and sale and purchase provisions groundfish, other than pollock, using
of the commercial closure for gray trawl gear in the Western and Central
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Document Created: 2015-12-16 07:41:50
Document Modified: 2015-12-16 07:41:50
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, May 8, 2015, until NMFS announces the start of the next fishing season by publishing a document in the Federal Register. | |
| Contact | Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 25966 | |
| RIN Number | 0648-XD90 |
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