80_FR_38142 80 FR 38015 - Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measures and Closure for South Atlantic Snowy Grouper

80 FR 38015 - Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational Accountability Measures and Closure for South Atlantic Snowy Grouper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range38015-38016
FR Document2015-16379

NMFS implements accountability measures (AMs) for the recreational sector for snowy grouper in the South Atlantic for the 2015 fishing year through this temporary rule. Average recreational landings from 2012-2014 exceeded the recreational annual catch limit (ACL) for snowy grouper. To account for this overage, this rule reduces the length of the 2015 recreational fishing season. Therefore, NMFS closes the recreational sector for snowy grouper in the South Atlantic exclusive economic zone (EEZ) on July 6, 2015. This closure is necessary to protect the snowy grouper resource.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38015-38016]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16379]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XE014


Snapper-Grouper Fishery of the South Atlantic; 2015 Recreational 
Accountability Measures and Closure for South Atlantic Snowy Grouper

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 
recreational sector for snowy grouper in the South Atlantic for the 
2015 fishing year through this temporary rule. Average recreational 
landings from 2012-2014 exceeded the recreational annual catch limit 
(ACL) for snowy grouper. To account for this overage, this rule reduces 
the length of the 2015 recreational fishing season. Therefore,

[[Page 38016]]

NMFS closes the recreational sector for snowy grouper in the South 
Atlantic exclusive economic zone (EEZ) on July 6, 2015. This closure is 
necessary to protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, July 6, 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 snapper-grouper fishery of the South 
Atlantic, which includes snowy grouper, 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 snowy grouper is 523 fish. In accordance 
with regulations at 50 CFR 622.193(b)(2), if the recreational ACL is 
exceeded, the Assistant Administrator, NOAA (AA), will file a 
notification with the Office of the Federal Register to reduce the 
length of the following fishing season by the amount necessary to 
ensure landings do not exceed the recreational ACL in the following 
fishing year. NMFS evaluates annual recreational landings with the 
recreational ACL for snowy grouper based on a 3-year running average of 
landings. For the 2015 fishing year, the most recent 3-year running 
average of recreational landings is the average of 2012-2014. Average 
landings from 2012-2014 exceeded the 2014 recreational ACL by 1,253 
fish. Therefore, this temporary rule implements the post-season AM to 
reduce the fishing season for the recreational snowy grouper component 
of the snapper-grouper fishery by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in 2015. As a 
result, the recreational sector for snowy grouper will be closed 
effective 12:01 a.m., local time, July 6, 2015.
    During the closure, the bag and possession limits for snowy grouper 
in or from the South Atlantic EEZ are zero. These limits apply in the 
South Atlantic for a person on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for the South Atlantic 
snapper-grouper fishery has been issued regardless of whether the fish 
are harvested in state or Federal waters, as specified in 50 CFR 
622.193(b)(2). The recreational sector for snowy grouper 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 
snowy grouper 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(b)(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 snowy grouper constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
on this temporary rule pursuant to the authority set forth in 5 U.S.C. 
553(b)(B), as such procedures would be unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the rule 
implementing the AMs established by Amendment 17B to the FMP (75 FR 
82280, December 30, 2010) and located at 50 CFR 622.193(b)(2) has 
already 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 the snowy grouper resource, since time for notice and 
public comment will allow for continued recreational harvest and 
exceedance of the recreational ACL. Additionally, there is a need to 
immediately notify the public of the reduced recreational fishing 
season for snowy grouper for the 2015 fishing year. Prior notice and 
opportunity for public comment would be contrary to the public interest 
because many of those affected by the length of the recreational 
fishing season, particularly charter vessel and headboat operations, 
book trips for clients in advance and, therefore, need as much time as 
possible to adjust business plans to account for the reduced 
recreational fishing season.
    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 29, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-16379 Filed 6-29-15; 4:15 pm]
BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations                                               38015

                                                        Compliance With Endangered Species                       system (http://permits.fws.gov/186A) for                 (7) * * *
                                                        Act Requirements                                         reporting take, transfers, and loss of                   (i) If you acquire a bird from a
                                                           Section 7 of the Endangered Species                   falconry birds is fully operational for               rehabilitator, within 10 days of the
                                                        Act (ESA) of 1973, as amended (16                        residents of that jurisdiction.                       transaction you must report it using one
                                                        U.S.C. 1531 et seq.), requires that ‘‘The                   (ii) If you are required to submit a               of the methods listed in paragraph
                                                        Secretary [of the Interior] shall review                 report or other information under this                (b)(2)(ii) of this section.
                                                        other programs administered by him                       section, you must either enter the                    *       *     *     *    *
                                                        and utilize such programs in                             required information in the electronic                   (9) * * *
                                                        furtherance of the purposes of this                      database at http://permits.fws.gov/186A,                 (ii) * * * You must remove its
                                                        chapter’’ (16 U.S.C. 1536(a)(1)). It                     or at http://www.wildlife.ca.gov/                     falconry band (if it has one) and report
                                                        further states that the Secretary must                   FalconryReporting if you are a resident               release of the bird by submitting the
                                                        ‘‘insure that any action authorized,                     of California, or submit a paper form 3–              required information using one of the
                                                        funded, or carried out . . . is not likely               186A to your State, tribal, or territorial            methods listed in paragraph (b)(2)(ii) of
                                                        to jeopardize the continued existence of                 agency that governs falconry.                         this section.
                                                        any endangered species or threatened                     *       *     *     *    *                               (iii) * * * You must remove its
                                                        species or result in the destruction or                     (c) * * *                                          falconry band and report release of the
                                                        adverse modification of [critical]                          (6) * * *                                          bird by submitting the required
                                                        habitat’’ (16 U.S.C. 1536(a)(2)). This rule                 (i) * * * Within 10 days from the day              information using one of the methods
                                                        will not affect threatened or endangered                 on which you take the raptor from the                 listed in paragraph (b)(2)(ii) of this
                                                        species or their habitats in the United                  wild, you must report take of the bird                section.
                                                        States.                                                  by submitting the required information                *       *     *     *    *
                                                                                                                 (including the band number) using one                    (f) * * *
                                                        List of Subjects in 50 CFR Part 21                       of the methods listed in paragraph                       (6) * * * Within 10 days, you must
                                                          Exports, Hunting, Imports, Reporting                   (b)(2)(ii) of this section. * * *                     report the transfer by submitting the
                                                        and recordkeeping requirements,                             (ii) * * * You must submit the
                                                                                                                                                                       required information using one of the
                                                        Transportation, Wildlife.                                required information using one of the
                                                                                                                                                                       methods listed in paragraph (b)(2)(ii) of
                                                                                                                 methods listed in paragraph (b)(2)(ii) of
                                                        Regulation Promulgation                                                                                        this section.
                                                                                                                 this section. * * *
                                                                                                                    (iii) * * *                                        *       *     *     *    *
                                                          For the reasons stated in the
                                                        preamble, we amend subpart C of part                        (A) * * * You must submit the                        Dated: June 15, 2015.
                                                        21, subchapter B of chapter I, title 50 of               required information within 10 days of                Michael J. Bean,
                                                        the Code of Federal Regulations, as                      rebanding the raptor using one of the                 Principal Deputy Assistant Secretary for Fish
                                                        follows:                                                 methods listed in paragraph (b)(2)(ii) of             and Wildlife and Parks.
                                                                                                                 this section.                                         [FR Doc. 2015–16371 Filed 7–1–15; 8:45 am]
                                                        PART 21—MIGRATORY BIRD PERMITS                              (B) Purchase and implant an ISO-
                                                                                                                                                                       BILLING CODE 4310–55–P
                                                                                                                 compliant (134.2 kHz) microchip in the
                                                        ■ 1. The authority citation for part 21                  bird and report the microchip
                                                        continues to read as follows:                            information using one of the methods                  DEPARTMENT OF COMMERCE
                                                            Authority: 16 U.S.C. 703–12.                         listed in paragraph (b)(2)(ii) of this
                                                        ■ 2. Amend § 21.29 by:                                   section.                                              National Oceanic and Atmospheric
                                                        ■ a. Revising paragraph (b)(2);                          *       *     *     *    *                            Administration
                                                        ■ b. Revising the fifth sentence of                         (e) * * *
                                                        paragraph (c)(6)(i);                                        (2) * * *                                          50 CFR Part 622
                                                        ■ c. Revising the third sentence of                         (iv) If you are responsible for
                                                                                                                                                                       [Docket No. 0907271173–0629–03]
                                                        paragraph (c)(6)(ii);                                    reporting take of a raptor from the wild,
                                                        ■ d. Revising the second sentence of                     use one of the methods listed in                      RIN 0648–XE014
                                                        paragraph (c)(6)(iii)(A);                                paragraph (b)(2)(ii) of this section.
                                                        ■ e. Revising paragraph (c)(6)(iii)(B);                  * * *                                                 Snapper-Grouper Fishery of the South
                                                        ■ f. Revising the first sentence of                      *       *     *     *    *                            Atlantic; 2015 Recreational
                                                        paragraph (e)(2)(iv);                                       (5) * * *                                          Accountability Measures and Closure
                                                        ■ g. Revising the second sentence of                        (i) * * * You must report take of the              for South Atlantic Snowy Grouper
                                                        paragraph (e)(5)(i);                                     bird using one of the methods listed in               AGENCY:  National Marine Fisheries
                                                        ■ h. Revising paragraph (e)(6)(i);                       paragraph (b)(2)(ii) of this section at               Service (NMFS), National Oceanic and
                                                        ■ i. Revising paragraph (e)(7)(i);                       your first opportunity to do so, but no
                                                        ■ j. Revising the third sentence of
                                                                                                                                                                       Atmospheric Administration (NOAA),
                                                                                                                 more than 10 days after capture of the                Commerce.
                                                        paragraph (e)(9)(ii);                                    bird. * * *
                                                        ■ k. Revising the second sentence of                                                                           ACTION: Temporary rule; closure.
                                                                                                                 *       *     *     *    *
                                                        paragraph (e)(9)(iii); and                                  (6) * * *
                                                        ■ l. Revising the second sentence after
                                                                                                                                                                       SUMMARY:   NMFS implements
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                                                                                                                    (i) If you acquire a raptor; transfer,             accountability measures (AMs) for the
                                                        the heading of paragraph (f)(6).                         reband, or microchip a raptor; if a raptor
                                                          The revisions read as follows:                                                                               recreational sector for snowy grouper in
                                                                                                                 you possess is stolen; if you lose a                  the South Atlantic for the 2015 fishing
                                                        § 21.29 Falconry standards and falconry                  raptor to the wild and you do not                     year through this temporary rule.
                                                        permitting.                                              recover it within 30 days; or if a bird               Average recreational landings from
                                                        *     *     *    *     *                                 you possess for falconry dies; you must               2012–2014 exceeded the recreational
                                                          (b) * * *                                              report the change within 10 days using                annual catch limit (ACL) for snowy
                                                          (2) Reporting. (i) The State, tribe, or                one of the methods listed in paragraph                grouper. To account for this overage,
                                                        territory must work with us to ensure                    (b)(2)(ii) of this section.                           this rule reduces the length of the 2015
                                                        that the electronic 3–186A reporting                     *       *     *     *    *                            recreational fishing season. Therefore,


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                                                        38016               Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

                                                        NMFS closes the recreational sector for                  waters, as specified in 50 CFR                        30-day delay in the effectiveness of this
                                                        snowy grouper in the South Atlantic                      622.193(b)(2). The recreational sector for            action under 5 U.S.C. 553(d)(3).
                                                        exclusive economic zone (EEZ) on July                    snowy grouper will reopen on January                    Authority: 16 U.S.C. 1801 et seq.
                                                        6, 2015. This closure is necessary to                    1, 2016, the beginning of the 2016
                                                        protect the snowy grouper resource.                      recreational fishing season.                            Dated: June 29, 2015.
                                                        DATES: This rule is effective 12:01 a.m.,
                                                                                                                                                                       Emily H. Menashes,
                                                                                                                 Classification                                        Acting Director, Office of Sustainable
                                                        local time, July 6, 2015, until 12:01 a.m.,
                                                        local time, January 1, 2016.                                The Regional Administrator,                        Fisheries, National Marine Fisheries Service.
                                                                                                                 Southeast Region, NMFS, has                           [FR Doc. 2015–16379 Filed 6–29–15; 4:15 pm]
                                                        FOR FURTHER INFORMATION CONTACT:
                                                        Catherine Hayslip, NMFS Southeast                        determined this temporary rule is                     BILLING CODE 3510–22–P

                                                        Regional Office, telephone: 727–824–                     necessary for the conservation and
                                                        5305, email: catherine.hayslip@                          management of snowy grouper and the
                                                        noaa.gov.                                                South Atlantic snapper-grouper fishery                DEPARTMENT OF COMMERCE
                                                                                                                 and is consistent with the Magnuson-
                                                        SUPPLEMENTARY INFORMATION: The                                                                                 National Oceanic and Atmospheric
                                                                                                                 Stevens Act and other applicable laws.
                                                        snapper-grouper fishery of the South                                                                           Administration
                                                        Atlantic, which includes snowy                              This action is taken under 50 CFR
                                                        grouper, is managed under the Fishery                    622.193(b)(2) and is exempt from review
                                                                                                                                                                       50 CFR Part 635
                                                        Management Plan for the Snapper-                         under Executive Order 12866.
                                                        Grouper Fishery of the South Atlantic                       These measures are exempt from the                 [Docket No. 140429387–4971–02]
                                                        Region (FMP). The FMP was prepared                       procedures of the Regulatory Flexibility
                                                        by the South Atlantic Fishery                            Act because the temporary rule is issued              RIN 0648–XD954
                                                        Management Council and is                                without opportunity for prior notice and
                                                        implemented by NMFS under the                            comment.                                              Gulf of Mexico Highly Migratory
                                                        authority of the Magnuson-Stevens                           This action responds to the best                   Species; Commercial Blacknose
                                                        Fishery Conservation and Management                      scientific information available. The                 Sharks and Non-Blacknose Small
                                                        Act (Magnuson-Stevens Act) by                            Assistant Administrator for Fisheries,                Coastal Sharks in the Gulf of Mexico
                                                        regulations at 50 CFR part 622.                          NOAA (AA), finds that the need to                     Region
                                                           The recreational ACL for snowy                        immediately implement this action to
                                                                                                                                                                       AGENCY:  National Marine Fisheries
                                                        grouper is 523 fish. In accordance with                  close the recreational sector for snowy
                                                                                                                                                                       Service (NMFS), National Oceanic and
                                                        regulations at 50 CFR 622.193(b)(2), if                  grouper constitutes good cause to waive
                                                                                                                                                                       Atmospheric Administration (NOAA),
                                                        the recreational ACL is exceeded, the                    the requirements to provide prior notice
                                                                                                                                                                       Commerce.
                                                        Assistant Administrator, NOAA (AA),                      and opportunity for public comment on
                                                                                                                 this temporary rule pursuant to the                   ACTION: Temporary rule; closure.
                                                        will file a notification with the Office of
                                                        the Federal Register to reduce the length                authority set forth in 5 U.S.C. 553(b)(B),
                                                                                                                                                                       SUMMARY:   NMFS is closing the fisheries
                                                        of the following fishing season by the                   as such procedures would be
                                                                                                                                                                       for commercial non-blacknose small
                                                        amount necessary to ensure landings do                   unnecessary and contrary to the public
                                                                                                                                                                       coastal sharks (SCS) and blacknose
                                                        not exceed the recreational ACL in the                   interest. Such procedures are
                                                                                                                                                                       sharks in the Gulf of Mexico region.
                                                        following fishing year. NMFS evaluates                   unnecessary because the rule
                                                                                                                                                                       This action is necessary because the
                                                        annual recreational landings with the                    implementing the AMs established by
                                                                                                                                                                       commercial landings of Gulf of Mexico
                                                        recreational ACL for snowy grouper                       Amendment 17B to the FMP (75 FR
                                                                                                                                                                       non-blacknose SCS for the 2015 fishing
                                                        based on a 3-year running average of                     82280, December 30, 2010) and located
                                                                                                                                                                       season have exceeded 80 percent of the
                                                        landings. For the 2015 fishing year, the                 at 50 CFR 622.193(b)(2) has already
                                                                                                                                                                       available commercial quota as of June
                                                        most recent 3-year running average of                    been subject to notice and comment,
                                                                                                                                                                       26, 2015, and the blacknose shark and
                                                        recreational landings is the average of                  and all that remains is to notify the
                                                                                                                                                                       non-blacknose SCS fisheries are quota-
                                                        2012–2014. Average landings from                         public of the closure. Such procedures
                                                                                                                                                                       linked under current regulations.
                                                        2012–2014 exceeded the 2014                              are contrary to the public interest
                                                                                                                 because of the need to immediately                    DATES: The commercial fisheries for
                                                        recreational ACL by 1,253 fish.
                                                                                                                 implement this action to protect the                  blacknose sharks and non-blacknose
                                                        Therefore, this temporary rule
                                                                                                                 snowy grouper resource, since time for                SCS in the Gulf of Mexico region are
                                                        implements the post-season AM to
                                                                                                                 notice and public comment will allow                  closed effective 11:30 p.m. local time
                                                        reduce the fishing season for the
                                                                                                                 for continued recreational harvest and                July 4, 2015, until the end of the 2015
                                                        recreational snowy grouper component
                                                                                                                 exceedance of the recreational ACL.                   fishing season on December 31, 2015, or
                                                        of the snapper-grouper fishery by the
                                                                                                                 Additionally, there is a need to                      until and if NMFS announces via
                                                        amount necessary to ensure recreational
                                                                                                                 immediately notify the public of the                  notification in the Federal Register that
                                                        landings do not exceed the recreational
                                                                                                                 reduced recreational fishing season for               additional quota is available and the
                                                        ACL in 2015. As a result, the
                                                                                                                 snowy grouper for the 2015 fishing year.              season is reopened.
                                                        recreational sector for snowy grouper
                                                        will be closed effective 12:01 a.m., local               Prior notice and opportunity for public               FOR FURTHER INFORMATION CONTACT: Guy
                                                        time, July 6, 2015.                                      comment would be contrary to the                      DuBeck or Karyl Brewster-Geisz 301–
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                                                           During the closure, the bag and                       public interest because many of those                 427–8503; fax 301–713–1917.
                                                        possession limits for snowy grouper in                   affected by the length of the recreational            SUPPLEMENTARY INFORMATION: The Gulf
                                                        or from the South Atlantic EEZ are zero.                 fishing season, particularly charter                  of Mexico shark fisheries are managed
                                                        These limits apply in the South Atlantic                 vessel and headboat operations, book                  under the 2006 Consolidated Highly
                                                        for a person on board a vessel for which                 trips for clients in advance and,                     Migratory Species (HMS) Fishery
                                                        a valid Federal commercial or charter                    therefore, need as much time as possible              Management Plan (FMP), its
                                                        vessel/headboat permit for the South                     to adjust business plans to account for               amendments, and its implementing
                                                        Atlantic snapper-grouper fishery has                     the reduced recreational fishing season.              regulations (50 CFR part 635) issued
                                                        been issued regardless of whether the                       For the aforementioned reasons, the                under authority of the Magnuson-
                                                        fish are harvested in state or Federal                   AA also finds good cause to waive the                 Stevens Fishery Conservation and


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Document Created: 2015-12-15 13:15:07
Document Modified: 2015-12-15 13:15:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThis rule is effective 12:01 a.m., local time, July 6, 2015, until 12:01 a.m., local time, January 1, 2016.
ContactCatherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation80 FR 38015 
RIN Number0648-XE01

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