80 FR 59665 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2015 Recreational Accountability Measure and Closure for Red Grouper
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 191 (October 2, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 191 (October 2, 2015)
| Page Range | 59665-59666 | |
| FR Document | 2015-25129 |
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)] [Rules and Regulations] [Pages 59665-59666] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25129] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100217095-2081-04] RIN 0648-XE217 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2015 Recreational Accountability Measure and Closure for Red Grouper AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; accountability measures. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for the red grouper recreational sector in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) for the 2015 fishing year through this temporary rule. NMFS projects the recreational sector will reach the recreational annual catch limit (ACL) by October 7, 2015. Therefore, the red grouper recreational sector in the Gulf EEZ will close at 12:01 a.m., local time, October 8, 2015. This closure is necessary to protect the Gulf red grouper resource. DATES: The recreational sector closure for red grouper in the Gulf EEZ is effective at 12:01 a.m., local time, October 8, 2015, until January 1, 2016. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]. SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf, which includes red grouper, is managed under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The FMP was prepared by the Gulf of Mexico Fishery Management Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). All weights specified in this rule are in gutted weight. In accordance with regulations at 50 CFR 622.41(e)(2)(i), if red grouper recreational landings reach or are projected to reach the recreational ACL and without regard to overfished status, NMFS will close the red grouper recreational sector in the Gulf EEZ for the remainder of the fishing year by filing a notification to that effect with the Office of the Federal Register. The [[Page 59666]] Gulf red grouper recreational ACL is 1.90 million lb (0.862 million kg), as specified in 50 CFR 622.41(e)(2)(iv). Gulf red grouper are not overfished based on the most recent Status of U.S. Fisheries Report to Congress. Based on 2015 recreational landings data thus far, NMFS projects the recreational sector will reach the red grouper recreational ACL by October 7, 2015. Therefore, NMFS closes the red grouper recreational sector in the Gulf EEZ at 12:01 a.m., local time, October 8, 2015, through December 31, 2015. During the recreational sector closure, the bag and possession limits for red grouper in or from the Gulf EEZ are zero. These bag and possession limits also apply in the Gulf on board a vessel for which a valid Federal charter vessel/headboat permit for Gulf reef fish has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. The recreational sector for red 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 Gulf red grouper and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.41(e)(2)(i) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the red grouper recreational sector 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), because such procedures are 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 red grouper. Prior notice and opportunity for public comment would require time and could potentially allow the recreational sector to exceed the recreational ACL. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. Dated: September 29, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-25129 Filed 9-29-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations 59665
legitimate amendments could not be was assigned to the wrong driver or no DEPARTMENT OF COMMERCE
distinguished from falsifications’’—was driver. Such time may be reassigned to
to block a pathway for drivers to falsify the correct driver. Staff of the motor National Oceanic and Atmospheric
their electronic records. At the time the carrier or its electronic systems provider Administration
guidance was written, most AOBRD may request that a driver make edits to
systems required the driver to correct errors. The driver must accept or 50 CFR Part 622
physically deliver his or her electronic reject such requests and the AOBRD [Docket No. 100217095–2081–04]
HOS information to the motor carrier must record the transaction. If the driver
using removable media such as a data edits the record based on the request, he RIN 0648–XE217
disk. The Agency may have been or she must re-submit and re-certify the
concerned that some of those early Fisheries of the Caribbean, Gulf of
corrected record. Mexico, and South Atlantic; Reef Fish
AOBRD systems might not have
incorporated audit trails into their In all instances of editing, the AOBRD Fishery of the Gulf of Mexico; 2015
software. must retain the original entries, and Recreational Accountability Measure
Over 25 years have passed since the reflect the date, time, and name of the and Closure for Red Grouper
AOBRD rule was published. Many person making any edit. The motor
AGENCY: National Marine Fisheries
systems now allow electronic transfer of carrier must also retain both the original
Service (NMFS), National Oceanic and
data from in-cab units to a support and edited record of duty status.
Atmospheric Administration (NOAA),
system. Thousands of motor carriers and The Agency revises Question 2 of the Commerce.
hundreds of thousands of drivers are Regulatory Guidance for § 395.15 to ACTION: Temporary rule; accountability
using HOS recording systems that far address all of these issues. measures.
exceed the minimum performance
requirements for AOBRDs. Information PART 395—HOURS OF SERVICE OF SUMMARY: NMFS implements
technology systems can place very DRIVERS accountability measures (AMs) for the
precise controls over the data revision; red grouper recreational sector in the
e.g., specific data elements can be ■ Replace the text of § 395.15 Question exclusive economic zone (EEZ) of the
‘‘locked’’ to prevent any revision once 2 with the following: Gulf of Mexico (Gulf) for the 2015
an entry has been made. They also fishing year through this temporary rule.
routinely incorporate audit trails to ‘‘Question 2: May entries made on an
automatic on-board recording device NMFS projects the recreational sector
indicate who revised data that was will reach the recreational annual catch
originally entered, when the revision (AOBRD) be annotated?
limit (ACL) by October 7, 2015.
was made, and the reason for the Guidance: Yes. Therefore, the red grouper recreational
change. (1) Within certain limits, a driver sector in the Gulf EEZ will close at
FMCSA acknowledges that drivers 12:01 a.m., local time, October 8, 2015.
must be allowed to review his or her
need to be able to make legitimate This closure is necessary to protect the
AOBRD records, annotate and correct
corrections to their electronic AOBRD Gulf red grouper resource.
inaccurate records, enter any missing
records. For example, if a driver
information, and certify the accuracy of DATES: The recreational sector closure
erroneously enters ‘‘off duty’’ when he
the information. for red grouper in the Gulf EEZ is
or she actually is on duty/not driving,
(2) The AOBRD must retain the effective at 12:01 a.m., local time,
and realizes this error later, under
current guidance the driver would have original entries, and reflect the date and October 8, 2015, until January 1, 2016.
to relay this information to a time of an edit, and name of the person FOR FURTHER INFORMATION CONTACT: Rich
supervisory motor carrier official, and making the edit. If the driver has already Malinowski, NMFS Southeast Regional
that official would need to edit the ‘‘certified’’ the entries for the duty Office, telephone: 727–824–5305, email:
driver’s record. In another example, a period, he or she must re-certify the rich.malinowski@noaa.gov.
driver might need to enter on-duty edited version, which must be SUPPLEMENTARY INFORMATION: The reef
activity performed when the driver was transmitted to the carrier. fish fishery of the Gulf, which includes
away from the CMV. red grouper, is managed under the
(3) ‘‘Driving time’’ may not be edited
With the steady increase in CMV Fishery Management Plan for the Reef
except in the case of unidentified or
drivers using AOBRDs, and the ability Fish Resources of the Gulf of Mexico
team drivers, and when driving time
of software to note edits without (FMP). The FMP was prepared by the
was assigned to the wrong driver or no
deleting the original record, the need for Gulf of Mexico Fishery Management
driver. Such time may be reassigned to
a driver to make this request through Council and is implemented by NMFS
the correct driver.
another party is no longer necessary and through regulations at 50 CFR part 622
is becoming increasing less viable. (4) After reviewing incoming records, under the authority of the Magnuson-
Therefore, as long as the AOBRD record drivers’ supervisors may request that a Stevens Fishery Conservation and
reflects both the original entry and the driver make edits to correct errors. The Management Act (Magnuson-Stevens
revised entry, along with information on driver must accept or reject such Act). All weights specified in this rule
who made the revision, the date and requests and the AOBRD must record are in gutted weight.
time, and the reason (in the Remarks the transaction. If the driver annotates In accordance with regulations at 50
sections, see current Question 2 to the record based on the request, he or CFR 622.41(e)(2)(i), if red grouper
asabaliauskas on DSK5VPTVN1PROD with RULES
§ 395.15), FMCSA will now allow these she must re-submit and re-certify the recreational landings reach or are
edits. corrected record.’’ projected to reach the recreational ACL
However, FMCSA continues to Issued on: September 25, 2015. and without regard to overfished status,
prohibit drivers from editing records NMFS will close the red grouper
T.F. Scott Darling, III,
related to driving time, except in limited recreational sector in the Gulf EEZ for
circumstances. Driving time may not be Acting Administrator. the remainder of the fishing year by
edited except in the case of unidentified [FR Doc. 2015–25135 Filed 10–1–15; 8:45 am] filing a notification to that effect with
or team drivers, and when driving time BILLING CODE 4910–EX–P the Office of the Federal Register. The
VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 PO 00000 Frm 00117 Fmt 4700 Sfmt 4700 E:\FR\FM\02OCR1.SGM 02OCR1](https://thefederalregister.org/doc/80_FR_59856/page/1.svg)
![59666 Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
Gulf red grouper recreational ACL is Classification because such procedures are
1.90 million lb (0.862 million kg), as unnecessary and contrary to the public
The Regional Administrator,
specified in 50 CFR 622.41(e)(2)(iv). interest. Such procedures are
Southeast Region, NMFS, has
Gulf red grouper are not overfished unnecessary because the rule
determined this temporary rule is
based on the most recent Status of U.S. establishing the closure provisions was
necessary for the conservation and
Fisheries Report to Congress. Based on subject to notice and comment, and all
management of Gulf red grouper and is
2015 recreational landings data thus far, that remains is to notify the public of
consistent with the Magnuson-Stevens
NMFS projects the recreational sector the closure. Such procedures are
Act and other applicable laws.
will reach the red grouper recreational contrary to the public interest because
ACL by October 7, 2015. Therefore, This action is taken under 50 CFR
of the need to immediately implement
NMFS closes the red grouper 622.41(e)(2)(i) and is exempt from
this action to protect red grouper. Prior
recreational sector in the Gulf EEZ at review under Executive Order 12866.
notice and opportunity for public
12:01 a.m., local time, October 8, 2015, These measures are exempt from the comment would require time and could
through December 31, 2015. procedures of the Regulatory Flexibility potentially allow the recreational sector
During the recreational sector closure, Act because the temporary rule is issued to exceed the recreational ACL.
the bag and possession limits for red without opportunity for prior notice and
grouper in or from the Gulf EEZ are comment. For the aforementioned reasons, the
zero. These bag and possession limits This action responds to the best AA also finds good cause to waive the
also apply in the Gulf on board a vessel scientific information available. The 30-day delay in the effectiveness of this
for which a valid Federal charter vessel/ Assistant Administrator for Fisheries, action under 5 U.S.C. 553(d)(3).
headboat permit for Gulf reef fish has NOAA (AA), finds that the need to Authority: 16 U.S.C. 1801 et seq.
been issued, without regard to where immediately implement this action to
Dated: September 29, 2015.
such species were harvested, i.e., in close the red grouper recreational sector
constitutes good cause to waive the Emily H. Menashes,
state or Federal waters.
The recreational sector for red grouper requirements to provide prior notice Acting Director, Office of Sustainable
will reopen on January 1, 2016, the and opportunity for public comment on Fisheries, National Marine Fisheries Service.
beginning of the 2016 recreational this temporary rule pursuant to the [FR Doc. 2015–25129 Filed 9–29–15; 4:15 pm]
fishing season. authority set forth in 5 U.S.C. 553(b)(B), BILLING CODE 3510–22–P
asabaliauskas on DSK5VPTVN1PROD with RULES
VerDate Sep<11>2014 20:30 Oct 01, 2015 Jkt 238001 PO 00000 Frm 00118 Fmt 4700 Sfmt 9990 E:\FR\FM\02OCR1.SGM 02OCR1](https://thefederalregister.org/doc/80_FR_59856/page/2.svg)
Document Created: 2015-12-15 08:45:12
Document Modified: 2015-12-15 08:45:12
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; accountability measures. | |
| Dates | The recreational sector closure for red grouper in the Gulf EEZ is effective at 12:01 a.m., local time, October 8, 2015, until January 1, 2016. | |
| Contact | Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 59665 | |
| RIN Number | 0648-XE21 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR