80 FR 36249 - Snapper-Grouper Fishery of the South Atlantic; 2015 Commercial Accountability Measure and Closure for Atlantic Dolphin
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 121 (June 24, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 121 (June 24, 2015)
| Page Range | 36249-36250 | |
| FR Document | 2015-15510 |
[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)] [Rules and Regulations] [Pages 36249-36250] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-15510] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130403322-4454-02] RIN 0648-XE002 Snapper-Grouper Fishery of the South Atlantic; 2015 Commercial Accountability Measure and Closure for Atlantic Dolphin AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for the commercial sector for Atlantic dolphin (dolphin) in the exclusive economic zone (EEZ) off the Atlantic states (Maine through the east coast of Florida) for the 2015 fishing year through this temporary rule. Commercial landings for dolphin, as estimated by the Science and Research Director, are projected to reach the commercial annual catch limit (ACL) by June 24, 2015. Therefore, NMFS closes the commercial sector for dolphin on June 24, 2015, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the Atlantic. This closure is necessary to protect the dolphin resource. DATES: This rule is effective 12:01 a.m., local time, June 24, 2015, until 12:01 a.m., local time, January 1, 2016. FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: catherine.hayslip@noaa.gov. SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery off the Atlantic states is managed under the Fishery Management Plan for the Dolphin and Wahoo Fishery of the Atlantic (FMP). The FMP was prepared by the South Atlantic Fishery Management Council, in cooperation with the Mid-Atlantic and New England Fishery Management Councils, and is implemented 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 dolphin is 1,157,001 lb (524,807 kg), round weight. Under 50 CFR 622.280(a)(l)(i), NMFS is required to close the commercial sector for dolphin when the commercial ACL has been 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 has been reached and that the commercial sector for dolphin should close on June 24, 2015. Therefore, this temporary rule implements an AM to close the commercial sector for dolphin in the EEZ off the Atlantic states (Maine through the east coast of Florida), effective 12:01 a.m., local time June 24, 2015. The operator of a vessel with a valid commercial vessel permit for dolphin on board must have landed and bartered, traded, or sold such species prior to 12:01 a.m., local time, June 24, 2015. During the closure, the bag and possession limits specified in 50 CFR 622.277(a)(1) apply to all harvest or possession of dolphin in or from the Atlantic EEZ. Additionally, these bag and possession limits apply in the Atlantic EEZ (Maine through the east coast of Florida) on board a vessel for which a valid Federal commercial or charter vessel/ headboat permit for dolphin and wahoo has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. During the closure, the sale or purchase of dolphin taken from the EEZ is prohibited. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of dolphin off the Atlantic states and is consistent with the Magnuson- Stevens Act and other applicable laws. This action is taken under 50 CFR 622.280(a)(1)(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 Fisheries, [[Page 36250]] NOAA (AA), finds that the need to immediately implement this action to close the commercial sector for dolphin 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 dolphin 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: June 19, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-15510 Filed 6-19-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations 36249
ll552.238–70 Identification of Electronic with the IMDG, IATA, ICAO or AFMAN 24– Management Council, in cooperation
Office Equipment Providing 204 codes, as applicable. with the Mid-Atlantic and New England
Accessibility for the Handicapped. (e) The test certification data showing Fishery Management Councils, and is
ll552.238–72 Identification of Products compliance with performance-oriented implemented under the authority of the
That Have Environmental Attributes. packaging or UN-approved packaging
requirements shall be made available to GSA
Magnuson-Stevens Fishery
(End of clause) contract administration/management Conservation and Management Act
■ 7. Add section 552.223–73 to read as representatives or regulatory inspectors upon (Magnuson-Stevens Act) by regulations
follows: request. at 50 CFR part 622.
The commercial ACL for dolphin is
552.223–73 Preservation, Packaging, (End of clause) 1,157,001 lb (524,807 kg), round weight.
Packing, Marking and Labeling of [FR Doc. 2015–15413 Filed 6–23–15; 8:45 am] Under 50 CFR 622.280(a)(l)(i), NMFS is
Hazardous Materials (HAZMAT) For required to close the commercial sector
BILLING CODE 6820–61–P
Shipments. for dolphin when the commercial ACL
As prescribed in 523.303(c), insert the has been reached, or is projected to be
following clause: reached, by filing a notification to that
DEPARTMENT OF COMMERCE
Preservation, Packaging, Packing, effect with the Office of the Federal
Marking and Labeling of Hazardous National Oceanic and Atmospheric Register. NMFS has determined that the
Materials (HAZMAT) For Shipments Administration commercial ACL has been reached and
[JUN 2015] that the commercial sector for dolphin
50 CFR Part 622 should close on June 24, 2015.
(a) Definition. United States, as used in this Therefore, this temporary rule
clause, means the 48 adjoining U.S. States, [Docket No. 130403322–4454–02] implements an AM to close the
Alaska, Hawaii, and U.S. territories and
RIN 0648–XE002 commercial sector for dolphin in the
possessions, such as Puerto Rico.
(b) Preservation, packaging, packing, EEZ off the Atlantic states (Maine
marking and labeling of hazardous materials Snapper-Grouper Fishery of the South through the east coast of Florida),
for export shipment outside the United States Atlantic; 2015 Commercial effective 12:01 a.m., local time June 24,
in all transport modes shall comply with the Accountability Measure and Closure 2015.
following, as applicable: for Atlantic Dolphin The operator of a vessel with a valid
(1) International Maritime Dangerous commercial vessel permit for dolphin
Goods (IMDG) Code as established by the AGENCY: National Marine Fisheries on board must have landed and
International Maritime Organization (IMO). Service (NMFS), National Oceanic and bartered, traded, or sold such species
(2) U.S. Department of Transportation Atmospheric Administration (NOAA), prior to 12:01 a.m., local time, June 24,
(DOT) Hazardous Material Regulation (HMR) Commerce. 2015. During the closure, the bag and
49 CFR parts 171 through 180. (Note:
Classifications permitted by the HMR, but ACTION: Temporary rule; closure. possession limits specified in 50 CFR
not permitted by the IMDG code, such as 622.277(a)(1) apply to all harvest or
Consumer Commodities classed as ORM–D, SUMMARY: NMFS implements possession of dolphin in or from the
shall be packaged in accordance with the accountability measures (AMs) for the Atlantic EEZ. Additionally, these bag
IMDG Code and dual-marked with both commercial sector for Atlantic dolphin and possession limits apply in the
Consumer Commodity and IMDG marking (dolphin) in the exclusive economic Atlantic EEZ (Maine through the east
and labeling.) zone (EEZ) off the Atlantic states (Maine coast of Florida) on board a vessel for
(3) Occupational Safety and Health through the east coast of Florida) for the which a valid Federal commercial or
Administration (OSHA) Regulation 29 CFR 2015 fishing year through this charter vessel/headboat permit for
part 1910.1200. temporary rule. Commercial landings
(4) International Air Transport Association dolphin and wahoo has been issued,
for dolphin, as estimated by the Science without regard to where such species
(IATA), Dangerous Goods Regulation and/or
International Civil Aviation Organization
and Research Director, are projected to were harvested, i.e., in state or Federal
(ICAO), Technical Instructions. reach the commercial annual catch limit waters. During the closure, the sale or
(5) AFMAN 24–204, Air Force Inter- (ACL) by June 24, 2015. Therefore, purchase of dolphin taken from the EEZ
Service Manual, Preparing Hazardous NMFS closes the commercial sector for is prohibited.
Materials For Military Air Shipments. dolphin on June 24, 2015, through the
(6) Any preservation, packaging, packing, remainder of the fishing year in the Classification
marking and labeling requirements contained exclusive economic zone (EEZ) of the The Regional Administrator,
elsewhere in this solicitation and contract. Atlantic. This closure is necessary to Southeast Region, NMFS, has
(c) Preservation, packaging, packing, protect the dolphin resource. determined this temporary rule is
marking and labeling of hazardous materials
for domestic shipments within the United DATES: This rule is effective 12:01 a.m., necessary for the conservation and
States in all transport modes shall comply local time, June 24, 2015, until 12:01 management of dolphin off the Atlantic
with the following; as applicable: a.m., local time, January 1, 2016. states and is consistent with the
(1) U.S. Department of Transportation FOR FURTHER INFORMATION CONTACT: Magnuson-Stevens Act and other
(DOT) Hazardous Material Regulation (HMR) Catherine Hayslip, NMFS Southeast applicable laws.
49 CFR parts 171 through 180.
Regional Office, telephone: 727–824– This action is taken under 50 CFR
(2) Occupational Safety and Health 622.280(a)(1)(i) and is exempt from
Administration (OSHA) Regulation 29 CFR 5305, email: catherine.hayslip@
noaa.gov. review under Executive Order 12866.
part 1910.1200.
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These measures are exempt from the
(3) Any preservation, packaging, packing, SUPPLEMENTARY INFORMATION: The procedures of the Regulatory Flexibility
marking and labeling requirements contained dolphin and wahoo fishery off the
elsewhere in this solicitation and contract.
Act because the temporary rule is issued
(d) Hazardous Material Packages
Atlantic states is managed under the without opportunity for prior notice and
designated for outside the United States Fishery Management Plan for the comment.
destinations through Forwarding Points, Dolphin and Wahoo Fishery of the This action responds to the best
Distribution Centers, or Container Atlantic (FMP). The FMP was prepared scientific information available. The
Consolidation Points (CCPs) shall comply by the South Atlantic Fishery Assistant Administrator for Fisheries,
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![36250 Federal Register / Vol. 80, No. 121 / Wednesday, June 24, 2015 / Rules and Regulations
NOAA (AA), finds that the need to Atmospheric Administration (NOAA), amounts at § 679.20(e) and (f) apply at
immediately implement this action to Commerce. any time during a trip.
close the commercial sector for dolphin ACTION: Temporary rule; closure.
constitutes good cause to waive the Classification
requirements to provide prior notice SUMMARY: NMFS is prohibiting directed This action responds to the best
and opportunity for public comment fishing for Atka mackerel in the Central available information recently obtained
pursuant to the authority set forth in 5 Aleutian district (CAI) of the Bering Sea from the fishery. The Assistant
U.S.C. 553(b)(B), as such procedures are and Aleutian Islands management area Administrator for Fisheries, NOAA,
unnecessary and contrary to the public (BSAI) by vessels participating in the
interest. Such procedures are (AA) finds good cause to waive the
BSAI trawl limited access fishery. This requirement to provide prior notice and
unnecessary because the rule itself has action is necessary to prevent exceeding
been subject to notice and comment, opportunity for public comment
the 2015 total allowable catch (TAC) of
and all that remains is to notify the pursuant to the authority set forth at 5
Atka mackerel in this area allocated to
public of the closure. Such procedures vessels participating in the BSAI trawl U.S.C. 553(b)(B) as such a requirement
are contrary to the public interest limited access fishery. is impracticable and contrary to the
because of the need to immediately public interest. This requirement is
DATES: Effective 1200 hrs, Alaska local
implement this action to protect impracticable and contrary to the public
dolphin since the capacity of the fishing time (A.l.t.), June 20, 2015, through interest as it would prevent NMFS from
fleet allows for rapid harvest of the 2400 hrs, A.l.t., December 31, 2015.
responding to the most recent fisheries
commercial ACL. Prior notice and FOR FURTHER INFORMATION CONTACT: data in a timely fashion and would
opportunity for public comment would Steve Whitney, 907–586–7228. delay the closure of the Atka mackerel
require time and would potentially SUPPLEMENTARY INFORMATION: NMFS directed fishery in the CAI for vessels
result in a harvest well in excess of the manages the groundfish fishery in the participating in the BSAI trawl limited
established commercial ACL. BSAI exclusive economic zone access fishery. NMFS was unable to
For the aforementioned reasons, the according to the Fishery Management publish a notice providing time for
AA also finds good cause to waive the Plan for Groundfish of the Bering Sea public comment because the most
30-day delay in the effectiveness of this and Aleutian Islands Management Area recent, relevant data only became
action under 5 U.S.C. 553(d)(3). (FMP) prepared by the North Pacific available as of June 18, 2015. The AA
Authority: 16 U.S.C. 1801 et seq. Fishery Management Council under also finds good cause to waive the 30-
Dated: June 19, 2015. authority of the Magnuson-Stevens day delay in the effective date of this
Emily H. Menashes, Fishery Conservation and Management action under 5 U.S.C. 553(d)(3). This
Acting Director, Office of Sustainable
Act. Regulations governing fishing by finding is based upon the reasons
Fisheries, National Marine Fisheries Service. U.S. vessels in accordance with the FMP
provided above for waiver of prior
appear at subpart H of 50 CFR part 600
[FR Doc. 2015–15510 Filed 6–19–15; 4:15 pm] notice and opportunity for public
and 50 CFR part 679.
BILLING CODE 3510–22–P comment.
The 2015 TAC of Atka mackerel, in
the CAI, allocated to vessels This action is required by § 679.20
DEPARTMENT OF COMMERCE participating in the BSAI trawl limited and is exempt from review under
access fishery was established as a Executive Order 12866.
National Oceanic and Atmospheric directed fishing allowance of 1,511 Authority: 16 U.S.C. 1801 et seq.
Administration metric tons by the final 2015 and 2016
harvest specifications for groundfish in Dated: June 19, 2015.
50 CFR Part 679 the BSAI (80 FR 11919, March 5, 2015). Emily H. Menashes,
In accordance with § 679.20(d)(1)(iii), Acting Director, Office of Sustainable
[Docket No. 141021887–5172–02]
the Regional Administrator finds that Fisheries, National Marine Fisheries Service.
RIN 0648–XD996 this directed fishing allowance has been [FR Doc. 2015–15504 Filed 6–19–15; 4:15 pm]
reached. Consequently, NMFS is BILLING CODE 3510–22–P
Fisheries of the Exclusive Economic prohibiting directed fishing for Atka
Zone Off Alaska; Atka Mackerel in the mackerel in the CAI by vessels
Bering Sea and Aleutian Islands participating in the BSAI trawl limited
Management Area access fishery.
AGENCY: National Marine Fisheries After the effective dates of this
Service (NMFS), National Oceanic and closure, the maximum retainable
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Document Created: 2015-12-15 14:09:12
Document Modified: 2015-12-15 14:09:12
| 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, June 24, 2015, until 12:01 a.m., local time, January 1, 2016. | |
| Contact | Catherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 36249 | |
| RIN Number | 0648-XE00 |
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