81 FR 12828 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Longline Component
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 48 (March 11, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 48 (March 11, 2016)
| Page Range | 12828-12829 | |
| FR Document | 2016-05552 |
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)] [Rules and Regulations] [Pages 12828-12829] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05552] [[Page 12828]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257-3325-02] RIN 0648-XE489 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Longline Component AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure for the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial longline landings for golden tilefish are projected to reach the longline component's commercial annual catch limit (ACL) on March 15, 2016. Therefore, NMFS closes the commercial longline component for golden tilefish in the South Atlantic EEZ on March 15, 2016, and it will remain closed until the start of the next fishing year, January 1, 2017. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective 12:01 a.m., local time, March 15, 2016, until 12:01 a.m., local time, January 1, 2017. FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 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 to implement 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 (equivalent to the commercial quota) between two gear groups, the longline and hook-and-line components as commercial quotas. The commercial quota for the longline component for golden tilefish in the South Atlantic is 405,971 lb (184,145 kg), gutted weight, for the current fishing year, January 1 through December 31, 2016, as specified in 50 CFR 622.190(a)(2)(iii). Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the commercial longline component for golden tilefish when the longline component's commercial quota has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. After the commercial quota for the longline component is reached or projected to be reached, golden tilefish may not be fished for or possessed by a vessel with a golden tilefish longline endorsement. NMFS has determined that the commercial quota for the longline component for golden tilefish in the South Atlantic will be reached on March 15, 2016. Accordingly, the commercial longline component for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, March 15, 2016, until 12:01 a.m., local time, January 1, 2017. During the commercial longline closure, golden tilefish may still be harvested commercially using hook-and-line gear. However, a vessel with a golden tilefish longline endorsement is not eligible to fish for or possess golden tilefish using hook-and-line gear under the hook-and- line trip limit, as specified in 50 CFR 622.191(a)(2)(ii). The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper and a valid commercial longline endorsement for golden tilefish having golden tilefish on board must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, March 15, 2016. During the commercial longline closure, the bag limit and possession limits specified in 50 CFR 622.187(b)(2)(iii) and (c)(1), respectively, apply to all harvest or possession of golden tilefish in or from the South Atlantic EEZ by a vessel with a golden tilefish longline endorsement. The sale or purchase of longline-caught golden tilefish taken from the EEZ is prohibited during the commercial longline closure. The prohibition on sale or purchase does not apply to the sale or purchase of longline-caught golden tilefish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, March 15, 2016, and were held in cold storage by a dealer or processor. Additionally, the bag and possession limits and the sale and purchase provisions of the commercial closure apply to a person on board a vessel with a golden tilefish longline endorsement, regardless of whether the golden tilefish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1). 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)(ii) 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 longline 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 for this temporary rule would be unnecessary and contrary to the public interest. Such procedures are unnecessary, because the regulations at 50 CFR 622.193(a)(1)(ii) have already been subject to notice and comment, and all that remains is to notify the public of the closure. Prior notice and opportunity for public comment on this action are contrary to the public interest, because there is a need to immediately implement this action to protect the golden tilefish resource since the capacity of the fishing fleet allows for rapid harvest of the commercial quota for the longline component. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial quota for the longline 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. [[Page 12829]] Dated: March 8, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-05552 Filed 3-8-16; 4:15 pm] BILLING CODE 3510-22-P
![12828 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE quota) between two gear groups, the purchase provisions of the commercial
longline and hook-and-line components closure apply to a person on board a
National Oceanic and Atmospheric as commercial quotas. vessel with a golden tilefish longline
Administration The commercial quota for the longline endorsement, regardless of whether the
component for golden tilefish in the golden tilefish are harvested in state or
50 CFR Part 622 South Atlantic is 405,971 lb (184,145 Federal waters, as specified in 50 CFR
kg), gutted weight, for the current 622.190(c)(1).
[Docket No. 120404257–3325–02]
fishing year, January 1 through
RIN 0648–XE489 December 31, 2016, as specified in 50 Classification
CFR 622.190(a)(2)(iii).
Fisheries of the Caribbean, Gulf of Under 50 CFR 622.193(a)(1)(ii), NMFS The Regional Administrator,
Mexico, and South Atlantic; 2016 is required to close the commercial Southeast Region, NMFS, has
Commercial Accountability Measure longline component for golden tilefish determined this temporary rule is
and Closure for South Atlantic Golden when the longline component’s necessary for the conservation and
Tilefish Longline Component commercial quota has been reached, or management of South Atlantic golden
AGENCY: National Marine Fisheries is projected to be reached, by filing a tilefish and is consistent with the
Service (NMFS), National Oceanic and notification to that effect with the Office Magnuson-Stevens Act and other
Atmospheric Administration (NOAA), of the Federal Register. After the applicable laws.
Commerce. commercial quota for the longline
This action is taken under 50 CFR
component is reached or projected to be
ACTION: Temporary rule; closure. 622.193(a)(1)(ii) and is exempt from
reached, golden tilefish may not be
fished for or possessed by a vessel with review under Executive Order 12866.
SUMMARY: NMFS implements an
accountability measure for the a golden tilefish longline endorsement. These measures are exempt from the
commercial longline component for NMFS has determined that the procedures of the Regulatory Flexibility
golden tilefish in the exclusive commercial quota for the longline Act, because the temporary rule is
economic zone (EEZ) of the South component for golden tilefish in the issued without opportunity for prior
Atlantic. Commercial longline landings South Atlantic will be reached on notice and comment.
for golden tilefish are projected to reach March 15, 2016. Accordingly, the This action responds to the best
the longline component’s commercial commercial longline component for
scientific information available. The
annual catch limit (ACL) on March 15, South Atlantic golden tilefish is closed
Assistant Administrator for Fisheries,
2016. Therefore, NMFS closes the effective 12:01 a.m., local time, March
15, 2016, until 12:01 a.m., local time, NOAA (AA), finds that the need to
commercial longline component for immediately implement this action to
golden tilefish in the South Atlantic January 1, 2017.
During the commercial longline close the commercial longline
EEZ on March 15, 2016, and it will component for golden tilefish
remain closed until the start of the next closure, golden tilefish may still be
harvested commercially using hook- constitutes good cause to waive the
fishing year, January 1, 2017. This
and-line gear. However, a vessel with a requirements to provide prior notice
closure is necessary to protect the
golden tilefish longline endorsement is and opportunity for public comment
golden tilefish resource.
not eligible to fish for or possess golden pursuant to the authority set forth in 5
DATES: This rule is effective 12:01 a.m.,
tilefish using hook-and-line gear under U.S.C. 553(b)(B), as such procedures for
local time, March 15, 2016, until 12:01 the hook-and-line trip limit, as specified this temporary rule would be
a.m., local time, January 1, 2017. in 50 CFR 622.191(a)(2)(ii). The operator unnecessary and contrary to the public
FOR FURTHER INFORMATION CONTACT: of a vessel with a valid commercial interest. Such procedures are
Nikhil Mehta, NMFS Southeast Regional vessel permit for South Atlantic unnecessary, because the regulations at
Office, telephone: 727–824–5305, email: snapper-grouper and a valid commercial 50 CFR 622.193(a)(1)(ii) have already
nikhil.mehta@noaa.gov. longline endorsement for golden tilefish been subject to notice and comment,
SUPPLEMENTARY INFORMATION: The having golden tilefish on board must and all that remains is to notify the
snapper-grouper fishery of the South have landed and bartered, traded, or
public of the closure. Prior notice and
Atlantic includes golden tilefish and is sold such golden tilefish prior to 12:01
managed under the Fishery opportunity for public comment on this
a.m., local time, March 15, 2016. During
Management Plan for the Snapper- the commercial longline closure, the bag action are contrary to the public
Grouper Fishery of the South Atlantic limit and possession limits specified in interest, because there is a need to
Region (FMP). The FMP was prepared 50 CFR 622.187(b)(2)(iii) and (c)(1), immediately implement this action to
by the South Atlantic Fishery respectively, apply to all harvest or protect the golden tilefish resource since
Management Council and is possession of golden tilefish in or from the capacity of the fishing fleet allows
implemented by NMFS under the the South Atlantic EEZ by a vessel with for rapid harvest of the commercial
authority of the Magnuson-Stevens a golden tilefish longline endorsement. quota for the longline component. Prior
Fishery Conservation and Management The sale or purchase of longline-caught notice and opportunity for public
Act (Magnuson-Stevens Act) by golden tilefish taken from the EEZ is comment would require time and would
regulations at 50 CFR part 622. prohibited during the commercial potentially result in a harvest well in
On April 23, 2013, NMFS published longline closure. The prohibition on excess of the established commercial
asabaliauskas on DSK3SPTVN1PROD with RULES
a final rule to implement Amendment sale or purchase does not apply to the quota for the longline component.
18B to the FMP (78 FR 23858). sale or purchase of longline-caught For the aforementioned reasons, the
Amendment 18B to the FMP established golden tilefish that were harvested,
AA also finds good cause to waive the
a longline endorsement program for the landed ashore, and sold prior to 12:01
30-day delay in the effectiveness of this
commercial golden tilefish component a.m., local time, March 15, 2016, and
of the snapper-grouper fishery and were held in cold storage by a dealer or action under 5 U.S.C. 553(d)(3).
allocated the commercial golden tilefish processor. Additionally, the bag and Authority: 16 U.S.C. 1801 et seq.
ACL (equivalent to the commercial possession limits and the sale and
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![Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations 12829
Dated: March 8, 2016. In accordance with § 679.20(d)(1)(i), DEPARTMENT OF COMMERCE
Emily H. Menashes, the Administrator, Alaska Region,
Acting Director, Office of Sustainable NMFS (Regional Administrator), has National Oceanic and Atmospheric
Fisheries, National Marine Fisheries Service. determined that the A season Administration
[FR Doc. 2016–05552 Filed 3–8–16; 4:15 pm] apportionment of the 2016 Pacific cod
BILLING CODE 3510–22–P TAC allocated to trawl catcher vessels 50 CFR Part 679
in the BSAI will soon be reached. [Docket No. 141021887–5172–02]
Therefore, the Regional Administrator is
DEPARTMENT OF COMMERCE establishing a directed fishing RIN 0648–XE495
allowance of 36,000 mt and is setting
National Oceanic and Atmospheric aside the remaining 732 mt as bycatch Fisheries of the Exclusive Economic
Administration to support other anticipated groundfish Zone Off Alaska; Reallocation of
fisheries. In accordance with Pollock in the Bering Sea and Aleutian
50 CFR Part 679 § 679.20(d)(1)(iii), the Regional Islands
Administrator finds that this directed AGENCY: National Marine Fisheries
[Docket No. 141021887–5172–02]
fishing allowance has been reached. Service (NMFS), National Oceanic and
RIN 0648–XE494 Consequently, NMFS is prohibiting Atmospheric Administration (NOAA),
directed fishing for Pacific cod by Commerce.
Fisheries of the Exclusive Economic catcher vessels using trawl gear in the ACTION: Temporary rule.
Zone Off Alaska; Pacific Cod by BSAI.
Catcher Vessels Using Trawl Gear in After the effective date of this closure SUMMARY: NMFS is reallocating the
the Bering Sea and Aleutian Islands the maximum retainable amounts at projected unused amounts of the Aleut
Management Area § 679.20(e) and (f) apply at any time Corporation pollock directed fishing
during a trip. allowance from the Aleutian Islands
AGENCY: National Marine Fisheries subarea to the Bering Sea subarea. This
Service (NMFS), National Oceanic and Classification action is necessary to provide
Atmospheric Administration (NOAA), opportunity for harvest of the 2016 total
Commerce. This action responds to the best allowable catch of pollock, consistent
ACTION: Temporary rule; closure. available information recently obtained with the goals and objectives of the
from the fishery. The Assistant Fishery Management Plan for
SUMMARY: NMFS is prohibiting directed Administrator for Fisheries, NOAA Groundfish of the Bering Sea and
fishing for Pacific cod by catcher vessels (AA), finds good cause to waive the Aleutian Islands Management Area.
using trawl gear in the Bering Sea and requirement to provide prior notice and
Aleutian Islands management area DATES: Effective 1200 hrs, Alaska local
opportunity for public comment
(BSAI). This action is necessary to time (A.l.t.), March 11, 2016 through
pursuant to the authority set forth at 5
prevent exceeding the A season 2400 hrs Alaska Local time, December
U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as
apportionment of the 2016 Pacific cod 31, 2016.
such requirement is impracticable and
total allowable catch allocated to trawl FOR FURTHER INFORMATION CONTACT:
contrary to the public interest. This
catcher vessels in the BSAI. requirement is impracticable and Steve Whitney, 907–586–7228.
DATES: Effective 1200 hours, Alaska contrary to the public interest as it SUPPLEMENTARY INFORMATION: NMFS
local time (A.l.t.), March 9, 2016, would prevent NMFS from responding manages the groundfish fishery in the
through 1200 hours, A.l.t., April 1, to the most recent fisheries data in a BSAI exclusive economic zone
2016. timely fashion and would delay the according to the Fishery Management
closure of directed fishing for Pacific Plan for Groundfish of the Bering Sea
FOR FURTHER INFORMATION CONTACT: Josh and Aleutian Islands Management Area
Keaton, 907–586–7228. cod by catcher vessels using trawl gear
in the BSAI. NMFS was unable to (FMP) prepared by the North Pacific
SUPPLEMENTARY INFORMATION: NMFS publish a notice providing time for Fishery Management Council (Council)
manages the groundfish fishery in the public comment because the most under authority of the Magnuson-
BSAI exclusive economic zone recent, relevant data only became Stevens Fishery Conservation and
according to the Fishery Management available as of March 7, 2016. Management Act. Regulations governing
Plan for Groundfish of the Bering Sea fishing by U.S. vessels in accordance
and Aleutian Islands Management Area The AA also finds good cause to with the FMP appear at subpart H of 50
(FMP) prepared by the North Pacific waive the 30-day delay in the effective CFR part 600 and 50 CFR part 679.
Fishery Management Council under date of this action under 5 U.S.C. In the Aleutian Islands subarea, the
authority of the Magnuson-Stevens 553(d)(3). This finding is based upon portion of the 2016 pollock total
Fishery Conservation and Management the reasons provided above for waiver of allowable catch (TAC) allocated to the
Act. Regulations governing fishing by prior notice and opportunity for public Aleut Corporation directed fishing
U.S. vessels in accordance with the FMP comment. allowance (DFA) is 14,700 metric tons
appear at subpart H of 50 CFR part 600 This action is required by § 679.20 (mt) as established by the final 2015 and
and 50 CFR part 679. and is exempt from review under 2016 harvest specifications for
The A season apportionment of the Executive Order 12866. groundfish in the BSAI (80 FR 11919,
asabaliauskas on DSK3SPTVN1PROD with RULES
2016 Pacific cod total allowable catch Authority: 16 U.S.C. 1801 et seq. March 5, 2015), and as adjusted by an
(TAC) allocated to trawl catcher vessels inseason adjustment (81 FR 184, January
in the BSAI is 36,732 metric tons (mt) Dated: March 8, 2016.
5, 2016).
as established by the final 2015 and Emily H. Menashes, As of March 4, 2016, the
2016 harvest specifications for Acting Director, Office of Sustainable Administrator, Alaska Region, NMFS,
groundfish in the BSAI (80 FR 11919, Fisheries, National Marine Fisheries Service. (Regional Administrator) has
March 5, 2015) and inseason adjustment [FR Doc. 2016–05528 Filed 3–8–16; 4:15 pm] determined that 5,000 mt of the Aleut
(81 FR 184, January 5, 2016). BILLING CODE 3510–22–P Corporation pollock DFA in the
VerDate Sep<11>2014 15:58 Mar 10, 2016 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\11MRR1.SGM 11MRR1](https://thefederalregister.org/doc/81_FR_12876/page/2.svg)
Document Created: 2016-03-11 01:50:34
Document Modified: 2016-03-11 01:50:34
| 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, March 15, 2016, until 12:01 a.m., local time, January 1, 2017. | |
| Contact | Nikhil Mehta, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 12828 | |
| RIN Number | 0648-XE48 |
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