81_FR_37275 81 FR 37164 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper

81 FR 37164 - 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 81, Issue 111 (June 9, 2016)

Page Range37164-37165
FR Document2016-13667

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) by June 14, 2016. Therefore, NMFS closes the commercial sector for snowy grouper in the South Atlantic EEZ on June 14, 2016, and it will remain closed until the start of the next fishing season on January 1, 2017. This closure is necessary to protect the snowy grouper resource.

Federal Register, Volume 81 Issue 111 (Thursday, June 9, 2016) 
[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37164-37165]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13667]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XE666


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.

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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) by June 14, 2016. 
Therefore, NMFS closes the commercial sector for snowy grouper in the 
South Atlantic EEZ on June 14, 2016, and it will remain closed until 
the start of the next fishing season on January 1, 2017. This closure 
is necessary to protect the snowy grouper resource.

DATES: This rule is effective 12:01 a.m., local time, June 14, 2016, 
until 12:01 a.m., local time, January 1, 2017.

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 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 commercial ACL (commercial quota) for snowy grouper in the 
South Atlantic is 125,760 lb (57,044 kg), gutted weight, 148,397 lb 
(67,312 kg), round weight, for the current fishing year, January 1 
through December 31, 2016, as specified in 50 CFR 622.190(a)(1)(ii).
    Under 50 CFR 622.193(b)(1), NMFS is required to close the 
commercial sector for snowy grouper when the commercial quota 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

[[Page 37165]]

snowy grouper, as estimated by the Science and Research Director, will 
reach the commercial ACL by June 14, 2016. Accordingly, the commercial 
sector for South Atlantic snowy grouper is closed effective 12:01 a.m., 
local time, June 14, 2016, until 12:01 a.m., local time, January 1, 
2017.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having snowy grouper on board must have 
landed and bartered, traded, or sold such snowy grouper prior to 12:01 
a.m., local time, June 14, 2016. 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 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, June 14, 2016, 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 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 NOAA Fisheries (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 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 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: June 6, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2016-13667 Filed 6-8-16; 8:45 am]
 BILLING CODE 3510-22-P

37164 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations Indian tribe has demonstrated that a Under section 307(b)(1) of the CAA, List of Subjects in 40 CFR Part 52 tribe has jurisdiction. In those areas of petitions for judicial review of this Environmental protection, Air Indian country, the rule does not have action must be filed in the United States pollution control, Incorporation by tribal implications and will not impose Court of Appeals for the appropriate reference, Intergovernmental relations, substantial direct costs on tribal circuit by August 8, 2016. Filing a Reporting and recordkeeping governments or preempt tribal law as petition for reconsideration by the requirements, Sulfur dioxide. specified by Executive Order 13175 (65 Administrator of this final rule does not FR 67249, November 9, 2000). Dated: May 31, 2016. affect the finality of this action for the Robert A. Kaplan, The Congressional Review Act, 5 purposes of judicial review nor does it U.S.C. 801 et seq., as added by the Small Acting Regional Administrator, Region 5. extend the time within which a petition Business Regulatory Enforcement for judicial review may be filed, and 40 CFR part 52 is amended as follows: Fairness Act of 1996, generally provides shall not postpone the effectiveness of that before a rule may take effect, the PART 52—APPROVAL AND such rule or action. Parties with agency promulgating the rule must PROMULGATION OF objections to this direct final rule are submit a rule report, which includes a IMPLEMENTATION PLANS encouraged to file a comment in copy of the rule, to each House of the response to the parallel notice of ■ 1. The authority citation for part 52 Congress and to the Comptroller General proposed rulemaking for this action continues to read as follows: of the United States. EPA will submit a published in the proposed rules section report containing this action and other Authority: 42 U.S.C. 7401 et seq. of today’s Federal Register, rather than required information to the U.S. Senate, ■ 2. In § 52.1220, the table in paragraph file an immediate petition for judicial the U.S. House of Representatives, and (d) is amended by removing the entry review of this direct final rule, so that the Comptroller General of the United for ‘‘ELT Minneapolis, LLC’’ and adding EPA can withdraw this direct final rule States prior to publication of the rule in in alphabetical order an entry for ‘‘BAE the Federal Register. A major rule and address the comment in the proposed rulemaking. This action may Technology Center’’ to read as follows: cannot take effect until 60 days after it is published in the Federal Register. not be challenged later in proceedings to § 52.1220 Identification of plan. This action is not a ‘‘major rule’’ as enforce its requirements. (See section * * * * * defined by 5 U.S.C. 804(2). 307(b)(2).) (d) * * * EPA-APPROVED MINNESOTA SOURCE-SPECIFIC PERMITS State effective Name of source Permit No. EPA approval date Comments date * * * * * * * BAE Technology Center .. 00300245–003 01/20/16 6/9/16, [Insert Federal Only conditions cited as ‘‘[Title I Condition: 40 CFR Register citation]. 50.4(SO2 SIP), Title I Condition: 40 CFR 51, Title I Condition: 40 CFR pt. 52, subp. Y]’’. * * * * * * * * * * * * SUMMARY: NMFS implements managed under the Fishery [FR Doc. 2016–13604 Filed 6–8–16; 8:45 am] accountability measures (AMs) for Management Plan for the Snapper- BILLING CODE 6560–50–P commercial snowy grouper in the Grouper Fishery of the South Atlantic exclusive economic zone (EEZ) of the Region (FMP). The FMP was prepared South Atlantic. NMFS projects by the South Atlantic Fishery DEPARTMENT OF COMMERCE commercial landings for snowy grouper Management Council and is will reach the commercial annual catch implemented by NMFS under the National Oceanic and Atmospheric limit (ACL) by June 14, 2016. Therefore, authority of the Magnuson-Stevens Administration NMFS closes the commercial sector for Fishery Conservation and Management snowy grouper in the South Atlantic Act (Magnuson-Stevens Act) by 50 CFR Part 622 EEZ on June 14, 2016, and it will remain regulations at 50 CFR part 622. [Docket No. 0907271173–0629–03] closed until the start of the next fishing The commercial ACL (commercial season on January 1, 2017. This closure quota) for snowy grouper in the South RIN 0648–XE666 is necessary to protect the snowy Atlantic is 125,760 lb (57,044 kg), gutted grouper resource. weight, 148,397 lb (67,312 kg), round Fisheries of the Caribbean, Gulf of weight, for the current fishing year, Mexico, and South Atlantic; 2015 DATES: This rule is effective 12:01 a.m., local time, June 14, 2016, until 12:01 January 1 through December 31, 2016, Commercial Accountability Measure as specified in 50 CFR 622.190(a)(1)(ii). and Closure for South Atlantic Snowy a.m., local time, January 1, 2017. Under 50 CFR 622.193(b)(1), NMFS is Grouper FOR FURTHER INFORMATION CONTACT: required to close the commercial sector rmajette on DSK2TPTVN1PROD with RULES Mary Vara, NMFS Southeast Regional for snowy grouper when the commercial AGENCY: National Marine Fisheries Office, telephone: 727–824–5305, email: Service (NMFS), National Oceanic and quota is reached, or is projected to be mary.vara@noaa.gov. reached, by filing a notification to that Atmospheric Administration (NOAA), Commerce. SUPPLEMENTARY INFORMATION: The effect with the Office of the Federal snapper-grouper fishery of the South Register. NMFS projects that ACTION: Temporary rule; closure. Atlantic includes snowy grouper and is commercial landings of South Atlantic VerDate Sep<11>2014 14:17 Jun 08, 2016 Jkt 238001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1

Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations 37165 snowy grouper, as estimated by the Atlantic snapper-grouper fishery has the requirements to provide prior notice Science and Research Director, will been issued, the bag and possession and opportunity for public comment reach the commercial ACL by June 14, limits and the sale and purchase pursuant to the authority set forth in 5 2016. Accordingly, the commercial provisions of the commercial closure for U.S.C. 553(b)(B), as such procedures sector for South Atlantic snowy grouper snowy grouper would apply regardless would be unnecessary and contrary to is closed effective 12:01 a.m., local time, of whether the fish are harvested in state the public interest. Such procedures are June 14, 2016, until 12:01 a.m., local or Federal waters, as specified in 50 unnecessary because the rule itself has time, January 1, 2017. CFR 622.190(c)(1)(ii). been subject to notice and comment, The operator of a vessel with a valid Classification and all that remains is to notify the commercial vessel permit for South public of the closure. Such procedures Atlantic snapper-grouper having snowy The Regional Administrator, are contrary to the public interest grouper on board must have landed and Southeast Region, NMFS, has because of the need to immediately bartered, traded, or sold such snowy determined this temporary rule is implement this action to protect snowy necessary for the conservation and grouper since the capacity of the fishing grouper prior to 12:01 a.m., local time, management of snowy grouper and the fleet allows for rapid harvest of the June 14, 2016. During the commercial South Atlantic snapper-grouper fishery commercial quota. Prior notice and closure, harvest and possession of and is consistent with the Magnuson- opportunity for public comment would snowy grouper in or from the South Stevens Act and other applicable laws. require time and would potentially Atlantic EEZ is limited to the bag and This action is taken under 50 CFR possession limits, as specified in result in a harvest well in excess of the 622.193(b)(1) and is exempt from review established commercial quota. § 622.187(b)(2)(ii) and (c)(1). Also under Executive Order 12866. during the commercial closure, the sale These measures are exempt from the For the aforementioned reasons, the or purchase of snowy grouper taken procedures of the Regulatory Flexibility AA also finds good cause to waive the from the EEZ is prohibited. The Act, because the temporary rule is 30-day delay in the effectiveness of this prohibition on sale or purchase does not issued without opportunity for prior action under 5 U.S.C. 553(d)(3). apply to the sale or purchase of snowy notice and comment. Authority: 16 U.S.C. 1801 et seq. grouper that were harvested, landed This action responds to the best ashore, and sold prior to 12:01 a.m., scientific information available. The Dated: June 6, 2016. local time, June 14, 2016, and were held Assistant Administrator for NOAA Alan D. Risenhoover, in cold storage by a dealer or processor. Fisheries (AA), finds that the need to Director, Office of Sustainable Fisheries, For a person on board a vessel for immediately implement this action to National Marine Fisheries Service. which a Federal commercial or charter close the commercial sector for snowy [FR Doc. 2016–13667 Filed 6–8–16; 8:45 am] vessel/headboat permit for the South grouper constitutes good cause to waive BILLING CODE 3510–22–P rmajette on DSK2TPTVN1PROD with RULES VerDate Sep<11>2014 14:17 Jun 08, 2016 Jkt 238001 PO 00000 Frm 00045 Fmt 4700 Sfmt 9990 E:\FR\FM\09JNR1.SGM 09JNR1


Document Created: 2018-02-08 07:33:59
Document Modified: 2018-02-08 07:33:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThis rule is effective 12:01 a.m., local time, June 14, 2016, until 12:01 a.m., local time, January 1, 2017.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation81 FR 37164 
RIN Number0648-XE66
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