80 FR 56932 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 182 (September 21, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 182 (September 21, 2015)
| Page Range | 56932-56933 | |
| FR Document | 2015-23604 |
[Federal Register Volume 80, Number 182 (Monday, September 21, 2015)] [Rules and Regulations] [Pages 56932-56933] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23604] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 0907271173-0629-03] RIN 0648-XE181 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper 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 snowy grouper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for snowy grouper will reach the commercial annual catch limit (ACL) (equivalent to the commercial quota) by September 22, 2015. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on September 22, 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 snowy grouper resource. DATES: This rule is effective 12:01 a.m., local time, September 22, 2015, until 12:01 a.m., local time, January 1, 2016. FOR FURTHER INFORMATION CONTACT: Britni LaVine, NMFS Southeast Regional Office, telephone: 727-824-5305, email: britni.lavine@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes snowy grouper 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 final rule implementing Regulatory Amendment 20 to the FMP recently revised the commercial quota (equivalent to the commercial ACL) for snowy grouper in the South Atlantic to 115,451 lb (52,368 kg), gutted weight; 136,233 lb (61,794 kg), round weight, for the remainder of the current fishing year, ending December 31, 2015, as specified in 50 CFR 622.190(a)(1) (80 FR 43033, July 21, 2015). Under 50 CFR 622.193(b)(1), NMFS is required to close the commercial sector for snowy grouper when the commercial quota (commercial ACL) is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS projects that commercial landings of South Atlantic snowy grouper will reach the commercial ACL by September 22, 2015. Accordingly, the commercial sector for South Atlantic snowy grouper is closed effective 12:01 a.m., local time, September 22, 2015, until 12:01 a.m., local time, January 1, 2016. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper with snowy grouper on board must have landed and bartered, traded, or sold such snowy grouper prior to 12:01 a.m., local time, September 22, 2015. During the commercial closure, harvest and possession of snowy grouper in or from the South Atlantic EEZ is limited to the bag and possession limits, as specified in Sec. 622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the sale or purchase of snowy grouper taken from the South Atlantic EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of snowy grouper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, September 22, 2015, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and the sale and purchase provisions of the commercial closure for snowy grouper would apply regardless of whether the fish are harvested in state [[Page 56933]] or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). 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)(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 snowy grouper 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 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 snowy grouper since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL (commercial quota). 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 (commercial 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 16, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-23604 Filed 9-16-15; 4:15 pm] BILLING CODE 3510-22-P
![56932 Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations
for the January 1 through June 30, 2016 immediately implement this action to Atlantic includes snowy grouper and is
period as specified in 50 CFR protect vermilion snapper since the managed under the Fishery
622.190(a)(4)(i)(D). capacity of the fishing fleet allows for Management Plan for the Snapper-
The operator of a vessel with a valid rapid harvest of the commercial quota. Grouper Fishery of the South Atlantic
commercial vessel permit for South Prior notice and opportunity for public Region (FMP). The FMP was prepared
Atlantic snapper-grouper having comment could result in a harvest well by the South Atlantic Fishery
vermilion snapper onboard must have in excess of the established commercial Management Council and is
landed and bartered, traded, or sold quota. implemented by NMFS under the
such vermilion snapper prior to 12:01 For the aforementioned reasons, the authority of the Magnuson-Stevens
a.m., local time, September 22, 2015. AA also finds good cause to waive the Fishery Conservation and Management
During the closure, the bag limit 30-day delay in the effectiveness of this Act (Magnuson-Stevens Act) by
specified in 50 CFR 622.187(b)(5) and action under 5 U.S.C. 553(d)(3). regulations at 50 CFR part 622.
the possession limits specified in 50 Authority: 16 U.S.C. 1801 et seq. The final rule implementing
CFR 622.187(c)(1), apply to all harvest Regulatory Amendment 20 to the FMP
Dated: September 16, 2015.
or possession of vermilion snapper in or recently revised the commercial quota
from the South Atlantic EEZ. During the Alan D. Risenhoover, (equivalent to the commercial ACL) for
closure, the sale or purchase of Director, Office of Sustainable Fisheries, snowy grouper in the South Atlantic to
vermilion snapper taken from the EEZ is National Marine Fisheries Service. 115,451 lb (52,368 kg), gutted weight;
prohibited. As specified in 50 CFR [FR Doc. 2015–23616 Filed 9–16–15; 4:15 pm] 136,233 lb (61,794 kg), round weight, for
622.190(c)(1)(i), the prohibition on sale BILLING CODE 3510–22–P the remainder of the current fishing
or purchase does not apply to the sale year, ending December 31, 2015, as
or purchase of vermilion snapper that specified in 50 CFR 622.190(a)(1) (80 FR
were harvested, landed ashore, and sold DEPARTMENT OF COMMERCE 43033, July 21, 2015).
prior to 12:01 a.m., local time, Under 50 CFR 622.193(b)(1), NMFS is
National Oceanic and Atmospheric required to close the commercial sector
September 22, 2015, and were held in
Administration for snowy grouper when the commercial
cold storage by a dealer or processor.
For a person on board a vessel for which quota (commercial ACL) is reached, or
50 CFR Part 622 is projected to be reached, by filing a
a Federal commercial or charter vessel/
headboat permit for the South Atlantic [Docket No. 0907271173–0629–03] notification to that effect with the Office
snapper-grouper fishery has been of the Federal Register. NMFS projects
RIN 0648–XE181
issued, the bag and possession limits that commercial landings of South
and the prohibition on sale and Fisheries of the Caribbean, Gulf of Atlantic snowy grouper will reach the
purchase apply regardless of whether Mexico, and South Atlantic; 2015 commercial ACL by September 22,
the fish are harvested in state or Federal Commercial Accountability Measure 2015. Accordingly, the commercial
waters, as specified in 50 CFR and Closure for South Atlantic Snowy sector for South Atlantic snowy grouper
622.190(c)(1)(ii). Grouper is closed effective 12:01 a.m., local time,
September 22, 2015, until 12:01 a.m.,
Classification AGENCY: National Marine Fisheries local time, January 1, 2016.
The Regional Administrator, Service (NMFS), National Oceanic and The operator of a vessel with a valid
Southeast Region, NMFS, has Atmospheric Administration (NOAA), commercial vessel permit for South
determined this temporary rule is Commerce. Atlantic snapper-grouper with snowy
necessary for the conservation and ACTION: Temporary rule; closure. grouper on board must have landed and
management of South Atlantic bartered, traded, or sold such snowy
vermilion snapper and is consistent SUMMARY: NMFS implements grouper prior to 12:01 a.m., local time,
with the Magnuson-Stevens Act and accountability measures (AMs) for September 22, 2015. During the
other applicable laws. commercial snowy grouper in the commercial closure, harvest and
This action is taken under 50 CFR exclusive economic zone (EEZ) of the possession of snowy grouper in or from
622.193(f)(1) and is exempt from review South Atlantic. NMFS projects the South Atlantic EEZ is limited to the
under Executive Order 12866. commercial landings for snowy grouper bag and possession limits, as specified
This action responds to the best will reach the commercial annual catch in § 622.187(b)(2)(ii) and (c)(1). Also
scientific information available. The limit (ACL) (equivalent to the during the commercial closure, the sale
Assistant Administrator for Fisheries, commercial quota) by September 22, or purchase of snowy grouper taken
NOAA (AA), finds that the need to 2015. Therefore, NMFS closes the from the South Atlantic EEZ is
immediately implement this action to commercial sector for snowy grouper in prohibited. The prohibition on sale or
close the commercial sector for the South Atlantic EEZ on September purchase does not apply to the sale or
vermilion snapper constitutes good 22, 2015, and it will remain closed until purchase of snowy grouper that were
cause to waive the requirements to the start of the next fishing season on harvested, landed ashore, and sold prior
provide prior notice and opportunity for January 1, 2016. This closure is to 12:01 a.m., local time, September 22,
public comment pursuant to the necessary to protect the snowy grouper 2015, and were held in cold storage by
authority set forth in 5 U.S.C. 553(b)(B), resource. a dealer or processor.
as such procedures are unnecessary and DATES: This rule is effective 12:01 a.m., For a person on board a vessel for
contrary to the public interest. Such local time, September 22, 2015, until which a Federal commercial or charter
procedures are unnecessary because the 12:01 a.m., local time, January 1, 2016. vessel/headboat permit for the South
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rule itself has been subject to notice and FOR FURTHER INFORMATION CONTACT: Atlantic snapper-grouper fishery has
comment, and all that remains is to Britni LaVine, NMFS Southeast been issued, the bag and possession
notify the public of the closure. Regional Office, telephone: 727–824– limits and the sale and purchase
Allowing prior notice and opportunity 5305, email: britni.lavine@noaa.gov. provisions of the commercial closure for
for public comment is contrary to the SUPPLEMENTARY INFORMATION: The snowy grouper would apply regardless
public interest because of the need to snapper-grouper fishery of the South of whether the fish are harvested in state
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![Federal Register / Vol. 80, No. 182 / Monday, September 21, 2015 / Rules and Regulations 56933
or Federal waters, as specified in 50 DEPARTMENT OF COMMERCE The initial coastwide commercial
CFR 622.190(c)(1)(ii). quota for bluefish for the 2015 fishing
National Oceanic and Atmospheric year is 5,241,202 lb (2,377,371 kg) (80
Classification Administration FR 46848, August 6, 2015). The percent
The Regional Administrator, allocated to vessels landing bluefish in
50 CFR Part 648 Massachusetts is 6.7167 percent,
Southeast Region, NMFS, has
determined this temporary rule is resulting in an initial commercial quota
[Docket No. 140214138–4482–02]
of 352,036 lb (159,681 kg). The 2015
necessary for the conservation and
RIN 0648–XE189 allocation was adjusted to 602,036 lb
management of snowy grouper and the
(273,079 kg) to reflect quota transfers
South Atlantic snapper-grouper fishery
Fisheries of the Northeastern United from other states.
and is consistent with the Magnuson-
States; Bluefish Fishery and Summer The initial coastwide commercial
Stevens Act and other applicable laws. Flounder Fishery; Commercial Quota quota for summer flounder for the 2015
This action is taken under 50 CFR Harvested for the State of fishing year was set at 11,069,410 lb
622.193(b)(1) and is exempt from review Massachusetts (5,021,000 kg) (79 FR 78311, December
under Executive Order 12866. 30, 2014). The percent allocated to
AGENCY: National Marine Fisheries vessels landing summer flounder in
These measures are exempt from the Service (NMFS), National Oceanic and
procedures of the Regulatory Flexibility Massachusetts is 6.82046 percent,
Atmospheric Administration (NOAA), resulting in an initial commercial quota
Act, because the temporary rule is Commerce.
issued without opportunity for prior of 754,985 lb (340,165 kg). The 2015
ACTION: Temporary rule; closures. allocation was adjusted to 760,785 lb
notice and comment.
(345,086 kg) to reflect quota overages
This action responds to the best SUMMARY: NMFS announces that the
from 2014 and quota transfers from
scientific information available. The 2015 commercial bluefish and summer
other states.
Assistant Administrator for Fisheries, flounder quota allocated to the
The Administrator, Greater Atlantic
NOAA (AA), finds that the need to Commonwealth of Massachusetts has
Region, NMFS (Regional Administrator),
immediately implement this action to been harvested. Vessels issued
monitors the state commercial quotas
close the commercial sector for snowy commercial Federal fisheries permits for
and determines when a state’s
these fisheries may not land bluefish or
grouper constitutes good cause to waive commercial quota has been harvested.
summer flounder in Massachusetts for
the requirements to provide prior notice NMFS is required to publish a notice in
the remainder of calendar year 2015,
and opportunity for public comment the Federal Register alerting Federal
unless additional quota becomes
pursuant to the authority set forth in 5 commercial vessel and dealer permit
available through a transfer from
U.S.C. 553(b)(B), as such procedures holders that, effective upon a specific
another state. Regulations governing
would be unnecessary and contrary to date, the state’s commercial quota has
these fisheries require publication of
the public interest. Such procedures are been harvested and no commercial
this notice to advise Massachusetts that
unnecessary because the rule itself has quota is available to land bluefish or
the quota has been harvested, and to
been subject to notice and comment, summer flounder in that state. The
advise Federal vessel and dealer permit
and all that remains is to notify the Regional Administrator has determined,
holders that no Federal commercial
public of the closure. Such procedures based upon dealer reports and other
quota is available to land bluefish or
are contrary to the public interest available information, that
summer flounder in Massachusetts.
because of the need to immediately Massachusetts has harvested its quota
DATES: Effective 0001 hours, September for 2015.
implement this action to protect snowy 17, 2015, through December 31, 2015 for
grouper since the capacity of the fishing Section 648.4(b) provides that Federal
summer flounder and effective 0001 permit holders agree, as a condition of
fleet allows for rapid harvest of the hours, September 19, 2015, through the permit, not to land bluefish or
commercial ACL (commercial quota). December 31, 2015 for bluefish. summer flounder in any state that the
Prior notice and opportunity for public FOR FURTHER INFORMATION CONTACT: Reid Regional Administrator has determined
comment would require time and would Lichwell, (978) 281–9112, or no longer has commercial quota
potentially result in a harvest well in Reid.Lichwell@noaa.gov. available. Therefore, vessels holding
excess of the established commercial SUPPLEMENTARY INFORMATION: Federal commercial permits are
ACL (commercial quota). Regulations governing the bluefish prohibited from landing summer
For the aforementioned reasons, the fishery and summer flounder fishery are flounder, effective 0001 hours,
AA also finds good cause to waive the found at 50 CFR part 648. The bluefish September 17, 2015 and/or bluefish,
30-day delay in the effectiveness of this regulations require annual specification effective 0001 hours, September 19,
action under 5 U.S.C. 553(d)(3). of a commercial quota that is 2015 for the remainder of the 2015
apportioned on a percentage basis calendar year, unless additional quota
Authority: 16 U.S.C. 1801 et seq.
among the coastal states from Florida becomes available through a transfer
Dated: September 16, 2015. through Maine, while the summer and is announced in the Federal
Alan D. Risenhoover, flounder regulations require annual Register. Federally permitted dealers are
Director, Office of Sustainable Fisheries, specification of commercial quota that is also notified that they may not purchase
National Marine Fisheries Service. apportioned based on a percentage basis summer flounder, effective 0001 hours,
among coastal states from North September 17, 2015 and/or bluefish,
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[FR Doc. 2015–23604 Filed 9–16–15; 4:15 pm]
Carolina through Maine. The processes effective 0001 hours, September 19,
BILLING CODE 3510–22–P
to set the annual commercial quotas and 2015 from federally permitted vessels
the percent allocated to each state are that land in Massachusetts for the
described in § 648.162 and § 648.102 for remainder of the calendar year, or until
bluefish and summer flounder, additional quota becomes available
respectively. through a transfer from another state.
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Document Created: 2015-12-15 09:39:08
Document Modified: 2015-12-15 09:39:08
| 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, September 22, 2015, until 12:01 a.m., local time, January 1, 2016. | |
| Contact | Britni LaVine, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 56932 | |
| RIN Number | 0648-XE18 |
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