80 FR 39715 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 132 (July 10, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 132 (July 10, 2015)
| Page Range | 39715-39716 | |
| FR Document | 2015-16863 |
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)] [Rules and Regulations] [Pages 39715-39716] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16863] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412-2517-02] RIN 0648-XE028 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for commercial greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2015 fishing year through this temporary rule. NMFS projects commercial landings for greater amberjack, will reach the commercial ACT (commercial quota) by July 19, 2015. Therefore, NMFS closes the commercial sector for greater amberjack in the Gulf on July 19, 2015, and it will remain closed until the start of the next fishing season on January 1, 2016. This closure is necessary to protect the Gulf greater amberjack resource. DATES: This rule is effective 12:01 a.m., local time, July 19, 2015, until 12:01 a.m., local time, January 1, 2016. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: rich.malinowski@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the Gulf, which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight. The commercial annual catch limit (ACL) for Gulf greater amberjack is 481,000 lb (218,178 kg), as specified in 50 CFR 622.41(a)(1), and the commercial ACT (equivalent to the commercial quota) is 409,000 lb (185,519 kg), as specified in 50 CFR 622.39(a)(1)(v). Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the commercial sector for greater amberjack when the commercial ACT (commercial quota) 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 the commercial ACT (commercial quota) will be reached by July 19, 2015. Accordingly, the commercial sector for Gulf greater amberjack is closed effective 12:01 a.m., local time, July 19, 2015, until 12:01 a.m., local time, January 1, 2016. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish with greater amberjack on board must have landed, bartered, traded, or sold such greater amberjack prior to 12:01 a.m., local time, July 19, 2015. During the commercial closure, the bag and possession limits specified in 50 CFR 622.38(b)(1), apply to all harvest or possession of greater amberjack in or from the Gulf exclusive economic zone (EEZ). However, from June 1 through July 31 each year, the recreational sector for greater amberjack is also closed, as specified in 50 CFR 622.34(c), and during this recreational closure, the bag and possession limits for greater amberjack in or from the Gulf EEZ are zero. During the commercial closure, the sale or purchase of greater amberjack taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of greater amberjack that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, July 19, 2015, and were held in cold storage by a dealer or processor. The commercial sector for greater amberjack will reopen on January 1, 2016, the beginning of the 2016 commercial fishing season. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of the Gulf greater amberjack component of the Gulf reef fish fishery and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.41(a)(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 greater amberjack 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 would be unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule establishing the closure provisions was 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 greater amberjack. The capacity of the commercial sector allows for rapid harvest of the commercial ACT (commercial quota), and prior notice and opportunity for public comment would require time and would potentially result in harvest exceeding the commercial ACT (commercial quota) and commercial ACL. For the aforementioned reasons, the AA also finds good cause to waive the [[Page 39716]] 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: July 6, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-16863 Filed 7-7-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations 39715
accompanying aural tone) gets passed temporary rule. NMFS projects for greater amberjack is also closed, as
through to consumers. commercial landings for greater specified in 50 CFR 622.34(c), and
* * * * * amberjack, will reach the commercial during this recreational closure, the bag
(6) Beginning July 10, 2017, ACT (commercial quota) by July 19, and possession limits for greater
multichannel video programming 2015. Therefore, NMFS closes the amberjack in or from the Gulf EEZ are
distributors must ensure that any commercial sector for greater amberjack zero. During the commercial closure, the
application or plug-in that they provide in the Gulf on July 19, 2015, and it will sale or purchase of greater amberjack
to consumers to access linear remain closed until the start of the next taken from the EEZ is prohibited. The
programming on tablets, smartphones, fishing season on January 1, 2016. This prohibition on sale or purchase does not
laptops, and similar devices over the closure is necessary to protect the Gulf apply to the sale or purchase of greater
MVPD’s network as part of their greater amberjack resource. amberjack that were harvested, landed
multichannel video programming DATES: This rule is effective 12:01 a.m., ashore, and sold prior to 12:01 a.m.,
distributor services is capable of passing local time, July 19, 2015, until 12:01 local time, July 19, 2015, and were held
through to consumers an aural a.m., local time, January 1, 2016. in cold storage by a dealer or processor.
representation of the emergency FOR FURTHER INFORMATION CONTACT: Rich
The commercial sector for greater
information (including the Malinowski, NMFS Southeast Regional amberjack will reopen on January 1,
accompanying aural tone) on a Office, telephone: 727–824–5305, or 2016, the beginning of the 2016
secondary audio stream. email: rich.malinowski@noaa.gov. commercial fishing season.
* * * * * SUPPLEMENTARY INFORMATION: NMFS Classification
■ 3. Amend § 79.105 by adding manages the reef fish fishery of the Gulf, The Regional Administrator,
paragraph (d) and a note to paragraph which includes greater amberjack, Southeast Region, NMFS, has
(d) to read as follows: under the Fishery Management Plan for determined this temporary rule is
the Reef Fish Resources of the Gulf necessary for the conservation and
§ 79.105 Video description and emergency (FMP). The Gulf of Mexico Fishery
information accessibility requirements for management of the Gulf greater
Management Council (Council) amberjack component of the Gulf reef
all apparatus.
prepared the FMP and NMFS fish fishery and is consistent with the
* * * * * implements the FMP under the
(d) Beginning December 20, 2016, all Magnuson-Stevens Act and other
authority of the Magnuson-Stevens applicable laws.
apparatus subject to this section must Fishery Conservation and Management This action is taken under 50 CFR
provide a simple and easy to use Act (Magnuson-Stevens Act) by 622.41(a)(1) and is exempt from review
mechanism for activating the secondary regulations at 50 CFR part 622. All under Executive Order 12866.
audio stream for audible emergency greater amberjack weights discussed in These measures are exempt from the
information. this temporary rule are in round weight. procedures of the Regulatory Flexibility
Note To Paragraph (d): This paragraph The commercial annual catch limit Act, because the temporary rule is
places no restrictions on the importing, (ACL) for Gulf greater amberjack is issued without opportunity for prior
shipping, or sale of navigation devices that 481,000 lb (218,178 kg), as specified in notice and comment.
were manufactured before December 20, 50 CFR 622.41(a)(1), and the This action responds to the best
2016. scientific information available. The
commercial ACT (equivalent to the
[FR Doc. 2015–16324 Filed 7–9–15; 8:45 am] commercial quota) is 409,000 lb Assistant Administrator for Fisheries,
BILLING CODE 6712–01–P (185,519 kg), as specified in 50 CFR NOAA (AA), finds that the need to
622.39(a)(1)(v). immediately implement this action to
Under 50 CFR 622.41(a)(1)(i), NMFS close the commercial sector for greater
DEPARTMENT OF COMMERCE is required to close the commercial amberjack constitutes good cause to
sector for greater amberjack when the waive the requirements to provide prior
National Oceanic and Atmospheric commercial ACT (commercial quota) is notice and opportunity for public
Administration reached, or is projected to be reached, comment pursuant to the authority set
by filing a notification to that effect with forth in 5 U.S.C. 553(b)(B), as such
50 CFR Part 622 the Office of the Federal Register. NMFS procedures would be unnecessary and
[Docket No. 1206013412–2517–02] has determined the commercial ACT contrary to the public interest. Such
(commercial quota) will be reached by procedures are unnecessary because the
RIN 0648–XE028 July 19, 2015. Accordingly, the rule establishing the closure provisions
commercial sector for Gulf greater was subject to notice and comment, and
Fisheries of the Caribbean, Gulf of amberjack is closed effective 12:01 a.m., all that remains is to notify the public
Mexico, and South Atlantic; 2015 local time, July 19, 2015, until 12:01 of the closure. Such procedures are
Commercial Accountability Measure a.m., local time, January 1, 2016. contrary to the public interest because
and Closure for Gulf of Mexico Greater The operator of a vessel with a valid of the need to immediately implement
Amberjack commercial vessel permit for Gulf reef this action to protect greater amberjack.
AGENCY: National Marine Fisheries fish with greater amberjack on board The capacity of the commercial sector
Service (NMFS), National Oceanic and must have landed, bartered, traded, or allows for rapid harvest of the
Atmospheric Administration (NOAA), sold such greater amberjack prior to commercial ACT (commercial quota),
Commerce. 12:01 a.m., local time, July 19, 2015. and prior notice and opportunity for
mstockstill on DSK4VPTVN1PROD with RULES
ACTION: Temporary rule; closure. During the commercial closure, the bag public comment would require time and
and possession limits specified in 50 would potentially result in harvest
SUMMARY: NMFS implements CFR 622.38(b)(1), apply to all harvest or exceeding the commercial ACT
accountability measures (AMs) for possession of greater amberjack in or (commercial quota) and commercial
commercial greater amberjack in the from the Gulf exclusive economic zone ACL.
Gulf of Mexico (Gulf) reef fish fishery (EEZ). However, from June 1 through For the aforementioned reasons, the
for the 2015 fishing year through this July 31 each year, the recreational sector AA also finds good cause to waive the
VerDate Sep<11>2014 16:28 Jul 09, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1](https://thefederalregister.org/doc/80_FR_39847/page/1.svg)
![39716 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations
30-day delay in the effectiveness of this without change. All personal identifying Friday through Tuesday, with a landing
action under 5 U.S.C. 553(d)(3). information (e.g., name, address, etc.), and possession limit of 40 Chinook
Authority: 16 U.S.C. 1801 et seq. confidential business information, or salmon per vessel per open period.
otherwise sensitive information Inseason action #7 superseded inseason
Dated: July 6, 2015. submitted voluntarily by the sender will action #6 (80 FR 36725, June 26, 2015),
Emily H. Menashes, be publicly accessible. NMFS will which temporarily closed this fishery on
Acting Director, Office of Sustainable accept anonymous comments (enter ‘‘N/ May 29, 2015.
Fisheries, National Marine Fisheries Service. A’’ in the required fields if you wish to Effective dates: Inseason action #7
[FR Doc. 2015–16863 Filed 7–7–15; 4:15 pm] remain anonymous). took effect on June 5, 2015, and
BILLING CODE 3510–22–P FOR FURTHER INFORMATION CONTACT: remained in effect until superseded by
Peggy Mundy at 206–526–4323. inseason action #8 on June 19, 2015.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE Reason and authorization for the
Background action: After consideration of Chinook
National Oceanic and Atmospheric salmon landings to date and fishery
In the 2015 annual management
Administration effort, the Regional Administrator (RA)
measures for ocean salmon fisheries (80
FR 25611, May 5, 2015), NMFS determined that sufficient quota
50 CFR Part 660 remained to reopen this fishery with a
announced the commercial and
[Docket No. 150316270–5270–01] recreational fisheries in the area from 5-day open period and a landing and
the U.S./Canada border to the U.S./ possession limit of 40 Chinook salmon
RIN 0648–XE020 per vessel per opening, to avoid
Mexico border, beginning May 1, 2015,
and 2016 salmon seasons opening exceeding the quota. This action was
Fisheries Off West Coast States; taken to allow access to available
Modifications of the West Coast earlier than May 1, 2016. NMFS is
authorized to implement inseason Chinook salmon quota, without
Commercial Salmon Fisheries; exceeding the quota that was set
Inseason Actions #7 Through #13 management actions to modify fishing
seasons and quotas as necessary to preseason. Inseason action to modify
AGENCY: National Marine Fisheries provide fishing opportunity while quotas and/or fishing seasons is
Service (NMFS), National Oceanic and meeting management objectives for the authorized by 50 CFR 660.409(b)(1)(i).
Atmospheric Administration (NOAA), affected species (50 CFR 660.409). Consultation date and participants:
Commerce. Inseason actions in the salmon fishery Consultation on inseason action #7
ACTION: Modification of fishing seasons; may be taken directly by NMFS (50 CFR occurred on June 4, 2015. Participants
request for comments. 660.409(a)—Fixed inseason in this consultation were staff from
management provisions) or upon NMFS, Council, WDFW, and ODFW.
SUMMARY: NMFS announces seven consultation with the Pacific Fishery
inseason actions in the ocean salmon Inseason Action #8
Management Council (Council) and the
fisheries. These inseason actions appropriate State Directors (50 CFR
modified the commercial salmon Description of action: Inseason action
660.409(b)—Flexible inseason #8 adjusted the landing and possession
fisheries in the area from the U.S./ management provisions). The state
Canada border to the U.S./Mexico limit in the commercial salmon fishery
management agencies that participated from Leadbetter Point, WA, to Cape
border. in the consultations described in this Falcon, OR, from 40 Chinook salmon
DATES: The effective dates for the document were: Oregon Department of per vessel per open period (see inseason
inseason actions are set out in this Fish and Wildlife (ODFW) and action #7) to 80 Chinook salmon per
document under the heading Inseason Washington Department of Fish and vessel per open period. Inseason action
Actions. Comments will be accepted Wildlife (WDFW). #8 superseded inseason action #7.
through July 27, 2015. Management of the salmon fisheries is
generally divided into two geographic Effective dates: Inseason action #8
ADDRESSES: You may submit comments, took effect on June 19, 2015, and
identified by NOAA–NMFS–2015–0001, areas: North of Cape Falcon (U.S./
Canada border to Cape Falcon, OR) and remained in effect until superseded by
by any one of the following methods: inseason action #12 on June 26, 2015.
• Electronic Submissions: Submit all south of Cape Falcon (Cape Falcon, OR,
electronic public comments via the to the U.S./Mexico border). The Reason and authorization for the
Federal eRulemaking Portal. Go to inseason actions reported in this action: The states provided information
www.regulations.gov/ document affect fisheries north and that poor weather conditions had
#!docketDetail;D=NOAA-NMFS-2015- south of Cape Falcon. Within the south restricted fishing opportunities in the
0001, click the ‘‘Comment Now!’’ icon, of Cape Falcon area, the Klamath affected area. After consideration of
complete the required fields, and enter Management Zone (KMZ) extends from Chinook salmon landings to date and
or attach your comments. Humbug Mountain, OR, to Humboldt fishery effort, the RA determined that
• Mail: William W. Stelle, Jr., South Jetty, CA, and is divided at the sufficient quota remained to increase
Regional Administrator, West Coast Oregon/California border into the the landing and possession limit to
Region, NMFS, 7600 Sand Point Way Oregon KMZ to the north and California allow access to the remaining quota
NE., Seattle, WA 98115–6349. KMZ to the south. All times mentioned without exceeding the quota that was
Instructions: Comments sent by any refer to Pacific daylight time. set preseason. Inseason action to modify
mstockstill on DSK4VPTVN1PROD with RULES
other method, to any other address or quotas and/or fishing seasons is
Inseason Actions
individual, or received after the end of authorized by 50 CFR 660.409(b)(1)(i).
the comment period, may not be Inseason Action #7 Consultation date and participants:
considered by NMFS. All comments Description of action: Inseason action Consultation on inseason action #8
received are a part of the public record #7 reopened the commercial salmon occurred on June 18, 2015. Participants
and will generally be posted for public fishery from Leadbetter Point, WA, to in this consultation were staff from
viewing on www.regulations.gov Cape Falcon, OR, on June 5, 2015; NMFS, Council, WDFW, and ODFW.
VerDate Sep<11>2014 16:28 Jul 09, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\10JYR1.SGM 10JYR1](https://thefederalregister.org/doc/80_FR_39847/page/2.svg)
Document Created: 2018-02-23 09:15:52
Document Modified: 2018-02-23 09:15:52
| 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, July 19, 2015, until 12:01 a.m., local time, January 1, 2016. | |
| Contact | Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 80 FR 39715 | |
| RIN Number | 0648-XE02 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR