80 FR 53473 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 172 (September 4, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 172 (September 4, 2015)
| Page Range | 53473-53474 | |
| FR Document | 2015-22047 |
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)] [Rules and Regulations] [Pages 53473-53474] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22047] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130312235-3658-02] RIN 0648-XE126 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit reduction. ----------------------------------------------------------------------- SUMMARY: NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource. DATES: This rule is effective 12:01 a.m., local time, September 10, 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: [email protected]. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South Atlantic includes vermilion snapper 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 (commercial quota) for vermilion snapper in the South Atlantic is divided into two, 6-month periods. The commercial quota is 394,829 lb (179,091 kg), gutted weight, [[Page 53474]] 438,260 lb (198,791 kg), round weight, for January 1 through June 30, 2015, and 394,829 lb (179,091 kg), gutted weight, 438,260 lb (198,791 kg), round weight, for July 1 through December 31, 2015, as specified in 50 CFR 622.190(a)(4)(i)(C) and (ii)(C), respectively. Any unused portion of the January 1 through June 30, 2015, fishing season commercial quota is added to the July 1 through December 31, 2015, fishing season commercial quota, as specified in 50 CFR 622.190(a)(4)(iii). In 2015, there was no unused commercial quota for the January through June period as the commercial sector reached its quota during the first 6-month period. The sector was closed on April 15, 2015, through June 30, 2015 (80 FR 19243, April 10, 2015). Under 50 CFR 622.191(a)(6)(ii), NMFS is required to reduce the commercial trip limit for vermilion snapper from 1,000 lb (454 kg), gutted weight, 1,110 lb (503 kg), round weight, to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight, when 75 percent of the fishing season quota is reached or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register, as implemented by the final rule for Regulatory Amendment 18 to the FMP (78 FR 47574, August 6, 2013). Based on current data, NMFS has determined that 75 percent of the available vermilion snapper commercial quota for the July 1 through December 31, 2015, fishing season will be reached on or before September 10, 2015. Accordingly, NMFS is reducing the commercial trip limit for vermilion snapper to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight, in or from the South Atlantic EEZ at 12:01 a.m., local time, on September 10, 2015. This 500-lb (227-kg), gutted weight, 555-lb (252-kg), round weight, trip limit will remain in effect until the commercial sector reaches its quota and the sector closes, or through December 31, 2015, whichever occurs first. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic vermilion snapper and is consistent with the Magnuson- Stevens Act and other applicable laws. This action is taken under 50 CFR 622.191(a)(6) 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 commercial trip limit reduction 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), because prior notice and opportunity for public comment on this temporary rule is unnecessary and contrary to the public interest. Such procedures are unnecessary, because the rule establishing the trip limit reduction has already been subject to notice and comment, and all that remains is to notify the public of the trip limit. They are contrary to the public interest, because there is a need to immediately implement this action to protect the vermilion snapper resource since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment on this action would require time and would increase the probability that the commercial sector could exceed the quota. 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: September 1, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-22047 Filed 9-1-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations 53473
Executive Order 12898, entitled and pests, Reporting and recordkeeping Parts per
Commodity
‘‘Federal Actions to Address requirements. million
Environmental Justice in Minority Dated: August 27, 2015.
Populations and Low-Income All other food commodities/feed
Jack E. Housenger, commodities (other than those
Populations’’ (59 FR 7629, February 16,
Director, Office of Pesticide Programs. covered by a tolerance as a re-
1994). sult of use on growing crops) ... 0.10
Since tolerances and exemptions that Therefore, 40 CFR chapter I is
are established on the basis of a petition amended as follows: [FR Doc. 2015–21917 Filed 9–3–15; 8:45 am]
under FFDCA section 408(d), such as BILLING CODE 6560–50–P
PART 180—[AMENDED]
the tolerances in this final rule, do not
require the issuance of a proposed rule, ■ 1. The authority citation for part 180
the requirements of the Regulatory continues to read as follows: DEPARTMENT OF COMMERCE
Flexibility Act (RFA) (5 U.S.C. 601 et
Authority: 21 U.S.C. 321(q), 346a and 371.
seq.), do not apply. National Oceanic and Atmospheric
This action directly regulates growers, ■ 2. Add § 180.685 to subpart C to read Administration
food processors, food handlers, and food as follows:
retailers, not States or tribes, nor does § 180.685 Oxathiapiprolin; tolerances for 50 CFR Part 622
this action alter the relationships or residues. [Docket No. 130312235–3658–02]
distribution of power and (a) General. (1) Tolerances are
responsibilities established by Congress RIN 0648–XE126
established for residues of the fungicide
in the preemption provisions of FFDCA oxathiapiprolin, including its
section 408(n)(4). As such, the Agency Fisheries of the Caribbean, Gulf of
metabolites and degradates, in or on the Mexico, and South Atlantic; Snapper-
has determined that this action will not commodities in the table below.
have a substantial direct effect on States Grouper Resources of the South
Compliance with the tolerance levels Atlantic; Trip Limit Reduction
or tribal governments, on the specified below is to be determined by
relationship between the national measuring only oxathiapiprolin, 1-[4-[4- AGENCY: National Marine Fisheries
government and the States or tribal [5-(2,6-difluorophenyl)-4,5-dihydro-3- Service (NMFS), National Oceanic and
governments, or on the distribution of isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2- Atmospheric Administration (NOAA),
power and responsibilities among the [5-methyl-3-(trifluoromethyl)-1H- Commerce.
various levels of government or between pyrazol-1-yl]-ethanone, in or on the ACTION: Temporary rule; trip limit
the Federal Government and Indian commodity. reduction.
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled Parts per SUMMARY: NMFS reduces the
‘‘Federalism’’ (64 FR 43255, August 10, Commodity million commercial trip limit for vermilion
1999) and Executive Order 13175, snapper in or from the exclusive
entitled ‘‘Consultation and Coordination Brassica, head and stem, sub- economic zone (EEZ) of the South
with Indian Tribal Governments’’ (65 FR group 5A ................................. 1.5
Ginseng ...................................... 0.15
Atlantic to 500 lb (227 kg), gutted
67249, November 9, 2000) do not apply weight. This trip limit reduction is
Grape 1 ........................................ 0.70
to this action. In addition, this action Leafy greens subgroup 4A ......... 15 necessary to protect the South Atlantic
does not impose any enforceable duty or Onion, bulb, subgroup 3–07A .... 0.04 vermilion snapper resource.
contain any unfunded mandate as Onion, green, subgroup 3–07B .. 2.0 DATES: This rule is effective 12:01 a.m.,
described under Title II of the Unfunded Pea, edible-podded .................... 1.0 local time, September 10, 2015, until
Mandates Reform Act (UMRA) (2 U.S.C. Pea, succulent shelled ............... 0.05 12:01 a.m., local time, January 1, 2016.
1501 et seq.). Tomato, dried ............................. 3.0
Vegetable, cucurbit, group 9 ...... 0.20 FOR FURTHER INFORMATION CONTACT:
This action does not involve any
Vegetable, fruiting, group 8–10 .. 0.50 Catherine Hayslip, NMFS Southeast
technical standards that would require
Vegetable, tuberous and corm, Regional Office, telephone: 727–824–
Agency consideration of voluntary
subgroup 1C ........................... 0.01 5305, email: catherine.hayslip@
consensus standards pursuant to section
noaa.gov.
12(d) of the National Technology 1 There
is no associated U.S. registration as
Transfer and Advancement Act of September 4, 2015. SUPPLEMENTARY INFORMATION: The
(NTTAA) (15 U.S.C. 272 note). (b) Section 18 emergency exemptions. snapper-grouper fishery in the South
[Reserved] Atlantic includes vermilion snapper and
VII. Congressional Review Act is managed under the Fishery
(c) Tolerances with regional
Pursuant to the Congressional Review registrations. [Reserved] Management Plan for the Snapper-
Act (5 U.S.C. 801 et seq.), EPA will (d) Indirect or inadvertent residues. Grouper Fishery of the South Atlantic
submit a report containing this rule and Tolerances are established for residues Region (FMP). The FMP was prepared
other required information to the U.S. of the fungicide oxathiapiprolin, by the South Atlantic Fishery
Senate, the U.S. House of including its metabolites and Management Council and is
Representatives, and the Comptroller degradates, in or on the commodities in implemented by NMFS under the
General of the United States prior to the table below. Compliance with the authority of the Magnuson-Stevens
publication of the rule in the Federal tolerance levels specified below is to be Fishery Conservation and Management
determined by measuring only Act (Magnuson-Stevens Act) by
rmajette on DSK2VPTVN1PROD with RULES
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). oxathiapiprolin, 1-[4-[4-[5-(2,6- regulations at 50 CFR part 622.
difluorophenyl)-4,5-dihydro-3- The commercial ACL (commercial
List of Subjects in 40 CFR Part 180 isoxazolyl]-2-thiazolyl]-1-piperidinyl]-2- quota) for vermilion snapper in the
Environmental protection, [5-methyl-3-(trifluoromethyl)-1H- South Atlantic is divided into two, 6-
Administrative practice and procedure, pyrazol-1-yl]-ethanone, in or on the month periods. The commercial quota is
Agricultural commodities, Pesticides commodity. 394,829 lb (179,091 kg), gutted weight,
VerDate Sep<11>2014 13:57 Sep 03, 2015 Jkt 235001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\04SER1.SGM 04SER1](https://thefederalregister.org/doc/80_FR_53645/page/1.svg)
![53474 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations
438,260 lb (198,791 kg), round weight, through December 31, 2015, fishing commercial trip limit reduction
for January 1 through June 30, 2015, and season will be reached on or before constitutes good cause to waive the
394,829 lb (179,091 kg), gutted weight, September 10, 2015. Accordingly, requirements to provide prior notice
438,260 lb (198,791 kg), round weight, NMFS is reducing the commercial trip and opportunity for public comment
for July 1 through December 31, 2015, limit for vermilion snapper to 500 lb pursuant to the authority set forth in 5
as specified in 50 CFR (227 kg), gutted weight, 555 lb (252 kg), U.S.C. 553(b)(B), because prior notice
622.190(a)(4)(i)(C) and (ii)(C), round weight, in or from the South and opportunity for public comment on
respectively. Any unused portion of the Atlantic EEZ at 12:01 a.m., local time, this temporary rule is unnecessary and
January 1 through June 30, 2015, fishing on September 10, 2015. This 500-lb contrary to the public interest. Such
season commercial quota is added to the (227-kg), gutted weight, 555-lb (252-kg), procedures are unnecessary, because the
July 1 through December 31, 2015, round weight, trip limit will remain in rule establishing the trip limit reduction
fishing season commercial quota, as effect until the commercial sector has already been subject to notice and
specified in 50 CFR 622.190(a)(4)(iii). In reaches its quota and the sector closes, comment, and all that remains is to
2015, there was no unused commercial or through December 31, 2015, notify the public of the trip limit. They
quota for the January through June whichever occurs first. are contrary to the public interest,
period as the commercial sector reached Classification because there is a need to immediately
its quota during the first 6-month implement this action to protect the
period. The sector was closed on April The Regional Administrator, vermilion snapper resource since the
15, 2015, through June 30, 2015 (80 FR Southeast Region, NMFS, has capacity of the fishing fleet allows for
19243, April 10, 2015). determined this temporary rule is rapid harvest of the quota. Prior notice
necessary for the conservation and and opportunity for public comment on
Under 50 CFR 622.191(a)(6)(ii), NMFS management of South Atlantic
is required to reduce the commercial this action would require time and
vermilion snapper and is consistent would increase the probability that the
trip limit for vermilion snapper from with the Magnuson-Stevens Act and
1,000 lb (454 kg), gutted weight, 1,110 commercial sector could exceed the
other applicable laws. quota.
lb (503 kg), round weight, to 500 lb (227 This action is taken under 50 CFR
kg), gutted weight, 555 lb (252 kg), 622.191(a)(6) and is exempt from review For the aforementioned reasons, the
round weight, when 75 percent of the under Executive Order 12866. AA also finds good cause to waive the
fishing season quota is reached or is These measures are exempt from the 30-day delay in the effectiveness of this
projected to be reached, by filing a procedures of the Regulatory Flexibility action under 5 U.S.C. 553(d)(3).
notification to that effect with the Office Act because the temporary rule is issued Authority: 16 U.S.C. 1801 et seq.
of the Federal Register, as implemented without opportunity for prior notice and
by the final rule for Regulatory Dated: September 1, 2015.
comment.
Amendment 18 to the FMP (78 FR This action responds to the best Jennifer M. Wallace,
47574, August 6, 2013). Based on scientific information available. The Acting Director, Office of Sustainable
current data, NMFS has determined that Assistant Administrator for Fisheries, Fisheries, National Marine Fisheries Service.
75 percent of the available vermilion NOAA (AA), finds that the need to [FR Doc. 2015–22047 Filed 9–1–15; 4:15 pm]
snapper commercial quota for the July 1 immediately implement this BILLING CODE 3510–22–P
rmajette on DSK2VPTVN1PROD with RULES
VerDate Sep<11>2014 13:57 Sep 03, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 9990 E:\FR\FM\04SER1.SGM 04SER1](https://thefederalregister.org/doc/80_FR_53645/page/2.svg)
Document Created: 2015-12-15 09:57:56
Document Modified: 2015-12-15 09:57:56
| 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; trip limit reduction. | |
| Dates | This rule is effective 12:01 a.m., local time, September 10, 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 53473 | |
| RIN Number | 0648-XE12 |
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