80 FR 74710 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 229 (November 30, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 229 (November 30, 2015)
| Page Range | 74710-74711 | |
| FR Document | 2015-30318 |
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)] [Rules and Regulations] [Pages 74710-74711] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30318] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257-3325-02] RIN 0648-XE215 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures for the commercial hook-and-line component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and- line landings for golden tilefish will reach the hook-and-line component's commercial annual catch limit (ACL) on December 8, 2015. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on December 8, 2015, and it will remain closed until the start of the next fishing year on January 1, 2016. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective 12:01 a.m., local time, December 8, 2015, until 12:01 a.m., local time, January 1, 2016. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes golden tilefish 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. On April 23, 2013, NMFS published a final rule for Amendment 18B to the FMP (78 FR 23858). Amendment 18B to the FMP established a longline endorsement program for the commercial golden tilefish component of the snapper-grouper fishery and allocated the commercial golden tilefish ACL among two gear types, the longline and hook-and-line components. The commercial ACL (equivalent to the commercial quota) for the hook-and-line component for golden tilefish in the South Atlantic is 135,324 lb (61,382 kg), gutted weight, for the current fishing year, January 1 through December 31, 2015, as specified in 50 CFR 622.190(a)(2)(ii). Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the commercial hook-and-line component for golden tilefish when the hook- and-line component's commercial ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial ACL for the hook-and-line component for golden tilefish in the South Atlantic will be reached by December 8, 2015. Accordingly, the commercial hook-and-line component for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, December 8, 2015, until 12:01 a.m., local time, January 1, 2016. The commercial longline component for South Atlantic golden tilefish closed on February 19, 2015, for the remainder of the fishing year, until 12:01 a.m., local time, January 1, 2016 (80 FR 8559, February 18, 2015). Furthermore, recreational harvest for golden tilefish closed on August 11, 2015, for the remainder of the fishing year, until 12:01 a.m., local time, January 1, 2016 (80 FR 48041, August 11, 2015). Therefore, because the commercial longline component and the recreational sector are already closed, and NMFS is closing the commercial hook-and-line component through this temporary rule, all fishing for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, December 8, 2015, until 12:01 a.m., local time, January 1, 2016. The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper having golden tilefish on board must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, December 8, 2015. During the closure, the sale or purchase of golden tilefish taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of golden tilefish that were harvested by hook-and- line, landed ashore, and sold prior to 12:01 a.m., local time, December 8, 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 sale and purchase provisions of the commercial closure for [[Page 74711]] golden tilefish would apply regardless of whether the fish are harvested in state 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 South Atlantic golden tilefish and is consistent with the Magnuson- Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(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 hook- and-line component for golden tilefish 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 are 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 the capacity of the fishing fleet allows for rapid harvest of the commercial ACL for the hook-and-line component, and there is a need to immediately implement this action to protect golden tilefish. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial ACL for the hook-and-line component. 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: November 24, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-30318 Filed 11-27-15; 8:45 am] BILLING CODE 3510-22-P
![74710 Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations
transported in interstate or intrastate DEPARTMENT OF COMMERCE ACL among two gear types, the longline
commerce. and hook-and-line components.
* * * * * National Oceanic and Atmospheric The commercial ACL (equivalent to
Administration the commercial quota) for the hook-and-
Shipper means a person who tenders line component for golden tilefish in the
property to a motor carrier or driver of 50 CFR Part 622 South Atlantic is 135,324 lb (61,382 kg),
a commercial motor vehicle for gutted weight, for the current fishing
[Docket No. 120404257–3325–02]
transportation in interstate commerce, year, January 1 through December 31,
or who tenders hazardous materials to a RIN 0648–XE215 2015, as specified in 50 CFR
motor carrier or driver of a commercial 622.190(a)(2)(ii).
motor vehicle for transportation in Fisheries of the Caribbean, Gulf of Under 50 CFR 622.193(a)(1)(i), NMFS
interstate or intrastate commerce. Mexico, and South Atlantic; 2015 is required to close the commercial
Commercial Accountability Measure hook-and-line component for golden
* * * * * and Closure for South Atlantic Golden tilefish when the hook-and-line
Transportation intermediary means a Tilefish Hook-and-Line Component component’s commercial ACL has been
person who arranges the transportation reached, or is projected to be reached,
AGENCY: National Marine Fisheries
of property or passengers by commercial by filing a notification to that effect with
Service (NMFS), National Oceanic and
motor vehicle in interstate commerce, or the Office of the Federal Register. NMFS
Atmospheric Administration (NOAA),
who arranges the transportation of Commerce. has determined that the commercial
hazardous materials by commercial ACL for the hook-and-line component
ACTION: Temporary rule; closure.
motor vehicle in interstate or intrastate for golden tilefish in the South Atlantic
commerce, including but not limited to SUMMARY: NMFS implements will be reached by December 8, 2015.
brokers and freight forwarders. accountability measures for the Accordingly, the commercial hook-and-
commercial hook-and-line component line component for South Atlantic
* * * * *
for golden tilefish in the exclusive golden tilefish is closed effective 12:01
■ 8. Add § 390.6 to read as follows: economic zone (EEZ) of the South a.m., local time, December 8, 2015, until
Atlantic. NMFS projects commercial 12:01 a.m., local time, January 1, 2016.
§ 390.6 Coercion prohibited. The commercial longline component
hook-and-line landings for golden
(a) Prohibition. (1) A motor carrier, tilefish will reach the hook-and-line for South Atlantic golden tilefish closed
shipper, receiver, or transportation component’s commercial annual catch on February 19, 2015, for the remainder
intermediary, including their respective limit (ACL) on December 8, 2015. of the fishing year, until 12:01 a.m.,
Therefore, NMFS closes the commercial local time, January 1, 2016 (80 FR 8559,
agents, officers, or representatives, may
hook-and-line component for golden February 18, 2015). Furthermore,
not coerce a driver of a commercial
tilefish in the South Atlantic EEZ on recreational harvest for golden tilefish
motor vehicle to operate such vehicle in closed on August 11, 2015, for the
violation of 49 CFR parts 171–173, 177– December 8, 2015, and it will remain
closed until the start of the next fishing remainder of the fishing year, until
180, 380–383 or 390–399, or §§ 385.415 12:01 a.m., local time, January 1, 2016
or 385.421; year on January 1, 2016. This closure is
(80 FR 48041, August 11, 2015).
necessary to protect the golden tilefish
(2) A motor carrier or its agents, Therefore, because the commercial
resource.
officers, or representatives, may not longline component and the recreational
DATES: This rule is effective 12:01 a.m.,
coerce a driver of a commercial motor sector are already closed, and NMFS is
local time, December 8, 2015, until closing the commercial hook-and-line
vehicle to operate such vehicle in 12:01 a.m., local time, January 1, 2016.
violation of 49 CFR parts 356, 360, or component through this temporary rule,
FOR FURTHER INFORMATION CONTACT: all fishing for South Atlantic golden
365–379.
Mary Vara, NMFS Southeast Regional tilefish is closed effective 12:01 a.m.,
(b) Complaint process. (1) A driver Office, telephone: 727–824–5305, email: local time, December 8, 2015, until
who believes he or she was coerced to mary.vara@noaa.gov. 12:01 a.m., local time, January 1, 2016.
violate a regulation described in SUPPLEMENTARY INFORMATION: The The operator of a vessel with a valid
paragraph (a)(1) or (2) of this section snapper-grouper fishery of the South Federal commercial vessel permit for
may file a written complaint under Atlantic includes golden tilefish and is South Atlantic snapper-grouper having
§ 386.12(e) of this subchapter. managed under the Fishery golden tilefish on board must have
(2) A complaint under paragraph Management Plan for the Snapper- landed and bartered, traded, or sold
(b)(1) of this section shall describe the Grouper Fishery of the South Atlantic such golden tilefish prior to 12:01 a.m.,
action that the driver claims constitutes Region (FMP). The FMP was prepared local time, December 8, 2015. During
by the South Atlantic Fishery the closure, the sale or purchase of
coercion and identify the regulation the
Management Council and is golden tilefish taken from the EEZ is
driver was coerced to violate.
implemented by NMFS under the prohibited. The prohibition on sale or
(3) A complaint under paragraph authority of the Magnuson-Stevens purchase does not apply to the sale or
(b)(1) of this section may include any Fishery Conservation and Management purchase of golden tilefish that were
supporting evidence that will assist the Act (Magnuson-Stevens Act) by harvested by hook-and-line, landed
Division Administrator in determining regulations at 50 CFR part 622. ashore, and sold prior to 12:01 a.m.,
the merits of the complaint. On April 23, 2013, NMFS published local time, December 8, 2015, and were
jstallworth on DSK7TPTVN1PROD with RULES
Issued under the authority of delegation in a final rule for Amendment 18B to the held in cold storage by a dealer or
49 CFR 1.87 on: November 23, 2015. FMP (78 FR 23858). Amendment 18B to processor. For a person on board a
the FMP established a longline vessel for which a Federal commercial
T.F. Scott Darling, III,
endorsement program for the or charter vessel/headboat permit for the
Acting Administrator. commercial golden tilefish component South Atlantic snapper-grouper fishery
[FR Doc. 2015–30237 Filed 11–27–15; 8:45 am] of the snapper-grouper fishery and has been issued, the sale and purchase
BILLING CODE 4910–EX–P allocated the commercial golden tilefish provisions of the commercial closure for
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![Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations 74711
golden tilefish would apply regardless DEPARTMENT OF COMMERCE On August 12, 2015, NMFS published
of whether the fish are harvested in state a notice of availability for Amendment
or Federal waters, as specified in 50 National Oceanic and Atmospheric 15 and requested public comment (80
CFR 622.190(c)(1)(ii). Administration FR 48285). On August 25, NMFS
published a proposed rule for
Classification 50 CFR Part 622 Amendment 15 and requested public
[Docket No. 150302204–5999–02] comment (80 FR 51523). The proposed
The Regional Administrator,
rule and Amendment 15 outline the
Southeast Region, NMFS, has RIN 0648–BE93 rationale for the actions contained in
determined this temporary rule is this final rule. A summary of the actions
necessary for the conservation and Fisheries of the Caribbean, Gulf of implemented by Amendment 15 and
management of South Atlantic golden Mexico, and South Atlantic; Shrimp this final rule is provided below.
tilefish and is consistent with the Fishery of the Gulf of Mexico;
Magnuson-Stevens Act and other Amendment 15 Management Measure Contained in
applicable laws. This Final Rule
AGENCY: National Marine Fisheries
This action is taken under 50 CFR Service (NMFS), National Oceanic and This final rule revises the FMP
622.193(a)(1) and is exempt from review Atmospheric Administration (NOAA), framework procedures at 50 CFR
under Executive Order 12866. Commerce. 622.60(a) and (b) to allow for
ACTION: Final rule.
modification of accountability measures
These measures are exempt from the under the standard documentation
procedures of the Regulatory Flexibility SUMMARY: NMFS issues regulations to process of the open framework
Act because the temporary rule is issued implement Amendment 15 to the procedure. Also, this final rule removes
without opportunity for prior notice and Fishery Management Plan for the outdated terminology from the
comment. Shrimp Fishery of the Gulf of Mexico regulations, such as ‘‘total allowable
This action responds to the best (FMP), as prepared and submitted by catch,’’ and removes the phrase
scientific information available. The the Gulf of Mexico (Gulf) Fishery ‘‘transfer at sea provisions’’ from the list
Assistant Administrator for Fisheries, Management Council (Council). This of framework procedures because this
final rule revises the FMP framework phrase was inadvertently included in
NOAA (AA), finds that the need to
procedures to streamline the process for the final rule for the Generic Annual
immediately implement this action to
changing certain regulations affecting Catch Limits and Accountability
close the commercial hook-and-line Measures Amendment (76 FR 82044,
the shrimp fishery. Additionally,
component for golden tilefish December 29, 2011). The transfer at sea
Amendment 15 implements changes to
constitutes good cause to waive the the FMP that revise the maximum text was never intended by the Council
requirements to provide prior notice sustainable yield (MSY), overfishing to be included in the list of framework
and opportunity for public comment threshold, and overfished threshold procedures when they were revised in
pursuant to the authority set forth in 5 definitions and values for three species 2011, but were included as a result of
U.S.C. 553(b)(B), as such procedures are of penaeid shrimp. The purpose of this an error by NMFS during that
unnecessary and contrary to the public rule and Amendment 15 is to streamline rulemaking.
interest. Such procedures are the management process for Gulf shrimp Additional Measures Contained in
unnecessary because the rule itself has stocks and to revise criteria for Amendment 15
been subject to notice and comment, determining the overfished and
and all that remains is to notify the overfishing status of each penaeid Amendment 15 also contains actions
public of the closure. Such procedures shrimp stock using the best available that are not being codified in the
are contrary to the public interest science. regulations, but guide the Council and
because the capacity of the fishing fleet NMFS in establishing other
DATES: This rule is effective December
allows for rapid harvest of the management measures, which are
30, 2015.
codified. Amendment 15 revises the
commercial ACL for the hook-and-line ADDRESSES: Electronic copies of MSY, the overfishing threshold, and the
component, and there is a need to Amendment 15, which includes an overfished threshold definitions and
immediately implement this action to environmental assessment, a Regulatory values for penaeid shrimp stocks
protect golden tilefish. Prior notice and Flexibility Act analysis, and a regulatory (brown, white, and pink shrimp).
opportunity for public comment would impact review, may be obtained from The criteria and values for MSY, the
require time and could potentially result the Southeast Regional Office Web site overfishing threshold, and the
in a harvest well in excess of the at http://sero.nmfs.noaa.gov/ overfished threshold for penaeid shrimp
established commercial ACL for the sustainable_fisheries/gulf_fisheries/ were established in Amendment 13 to
hook-and-line component. shrimp/2015/Am%2015/index.html. the FMP (71 FR 56039, September 26,
FOR FURTHER INFORMATION CONTACT: 2006). Historically, Gulf penaeid shrimp
For the aforementioned reasons, the
Susan Gerhart, telephone: 727–824– stocks were assessed with a virtual
AA also finds good cause to waive the
5305, or email: Susan.Gerhart@ population analysis (VPA), which
30-day delay in the effectiveness of this noaa.gov.
action under 5 U.S.C. 553(d)(3). reported output in terms of number of
SUPPLEMENTARY INFORMATION: The parents. However, the 2007 pink shrimp
Authority: 16 U.S.C. 1801 et seq. shrimp fishery in the Gulf is managed stock assessment VPA incorrectly
jstallworth on DSK7TPTVN1PROD with RULES
Dated: November 24, 2015. under the FMP. The FMP was prepared determined that pink shrimp were
Emily H. Menashes, by the Council and implemented undergoing overfishing because the
Acting Director, Office of Sustainable
through regulations at 50 CFR part 622 model could not accommodate low
Fisheries, National Marine Fisheries Service. under the authority of the Magnuson- effort. In 2009, NMFS stock assessment
Stevens Fishery Conservation and analysts determined that the stock
[FR Doc. 2015–30318 Filed 11–27–15; 8:45 am]
Management Act (Magnuson-Stevens synthesis model was the best choice for
BILLING CODE 3510–22–P
Act). modeling Gulf shrimp populations.
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Document Created: 2018-03-01 11:11:38
Document Modified: 2018-03-01 11:11:38
| 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, December 8, 2015, until 12:01 a.m., local time, January 1, 2016. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 74710 | |
| RIN Number | 0648-XE21 |
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