81 FR 45068 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 133 (July 12, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 133 (July 12, 2016)
| Page Range | 45068-45069 | |
| FR Document | 2016-16401 |
[Federal Register Volume 81, Number 133 (Tuesday, July 12, 2016)] [Rules and Regulations] [Pages 45068-45069] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16401] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 1206013412-2517-02] RIN 0648-XE716 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for Gulf of Mexico Greater Amberjack 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 greater amberjack in the Gulf of Mexico (Gulf) reef fish fishery for the 2016 fishing year through this temporary rule. NMFS projects commercial landings for greater amberjack, will reach the commercial annual catch target (ACT) by July 17, 2016. Therefore, NMFS closes the commercial sector for greater amberjack in the Gulf on July 17, 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 Gulf greater amberjack resource. DATES: This rule is effective 12:01 a.m., local time, July 17, 2016, until 12:01 a.m., local time, January 1, 2017. FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]. SUPPLEMENTARY INFORMATION: NMFS manages the reef fish fishery of the Gulf, [[Page 45069]] which includes greater amberjack, under the Fishery Management Plan for the Reef Fish Resources of the Gulf (FMP). The Gulf of Mexico Fishery Management Council (Council) prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. All greater amberjack weights discussed in this temporary rule are in round weight. The commercial annual catch limit (ACL) for Gulf greater amberjack is 464,400 lb (210,648 kg), as specified in 50 CFR 622.41(a)(1)(iii). The commercial ACT (equivalent to the commercial quota) is 394,740 lb (179,051 kg), as specified in 50 CFR 622.39(a)(1)(v). Under 50 CFR 622.41(a)(1)(i), NMFS is required to close the commercial sector for greater amberjack 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 has determined the commercial quota will be reached by July 17, 2016. Accordingly, the commercial sector for Gulf greater amberjack is closed effective 12:01 a.m., local time, July 17, 2016, until 12:01 a.m., local time, January 1, 2017. The operator of a vessel with a valid commercial vessel permit for Gulf reef fish with greater amberjack on board must have landed, bartered, traded, or sold such greater amberjack prior to 12:01 a.m., local time, July 17, 2016. During the commercial closure, the bag and possession limits specified in 50 CFR 622.38(b)(1) apply to all harvest or possession of greater amberjack in or from the Gulf exclusive economic zone (EEZ). However, from June 1 through July 31 each year, the recreational sector for greater amberjack is also closed, as specified in 50 CFR 622.34(c), and during this recreational closure, the bag and possession limits for greater amberjack in or from the Gulf EEZ are zero. During the commercial closure, the sale or purchase of greater amberjack taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of greater amberjack that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, July 17, 2016, and were held in cold storage by a dealer or processor. The commercial sector for greater amberjack will reopen on January 1, 2017, the beginning of the 2017 commercial fishing season. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Gulf greater amberjack and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.41(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 NOAA Fisheries (AA), finds that the need to immediately implement this action to close the commercial sector for greater amberjack 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 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 greater amberjack. The capacity of the commercial sector allows for rapid harvest of the commercial quota, and prior notice and opportunity for public comment would require time and would potentially result in harvest exceeding the commercial 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: July 6, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-16401 Filed 7-7-16; 4:15 pm] BILLING CODE 3510-22-P
![45068 Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations
least one calendar year prior to the (4) * * * (OC3 minutes and user after discovering the outage, the
outage). minutes are defined in paragraphs (d) provider shall submit electronically a
(c) A critical communications outage and (e) of § 4.7.) * * * Final Communications Outage Report to
that potentially affects an airport is * * * * * the Commission.
defined as an outage that: (b) * * * Providers must report IXC (5) The Notification and Initial and
(1) Disrupts 50 percent or more of the and LEC tandem outages of at least 30 Final reports shall comply with the
air traffic control links or other FAA minutes duration in which at least requirements of § 4.11.
communications links to any airport; 90,000 calls are blocked or at least 667 (f) * * *
OC3-minutes are lost.* * * (OC3 (2) Affects at least 667 OC3 minutes;
(2) Has caused an Air Route Traffic
Control Center (ARTCC) or airport to minutes are defined in paragraph (d) of * * * * *
lose its radar; § 4.7.) * * * (4) * * * (OC3 minutes and user
(3) Causes a loss of both primary and minutes are defined in paragraphs (d)
* * * * *
backup facilities at any ARTCC or and (e) of § 4.7.) * * *
(e)(1) All wireless service providers
airport; shall submit electronically a * * * * *
(4) Affects an ARTCC or airport that Notification to the Commission within § 4.13 [Removed and Reserved]
is deemed important by the FAA as 120 minutes of discovering that they
indicated by FAA inquiry to the have experienced on any facilities that ■ 5. Section 4.13 is removed and
provider’s management personnel; or they own, operate, lease, or otherwise reserved.
[FR Doc. 2016–16274 Filed 7–8–16; 11:15 am]
(5) Has affected any ARTCC or airport utilize, an outage of at least 30 minutes
BILLING CODE 6712–01–P
and that has received any media duration:
attention of which the communications (i) Of a Mobile Switching Center
provider’s reporting personnel are (MSC);
aware. (ii) That potentially affects at least DEPARTMENT OF COMMERCE
(d) [Reserved] 900,000 user minutes of either
telephony and associated data (2nd National Oceanic and Atmospheric
* * * * * Administration
generation or lower) service or paging
■ 3. Section 4.7 is amended by revising
service;
paragraphs (d) and (e)(2) to read as (iii) That affects at least 667 OC3 50 CFR Part 622
follows: minutes (as defined in § 4.7); [Docket No. 1206013412–2517–02]
§ 4.7 Definition of metrics used to (iv) That potentially affects any
RIN 0648–XE716
determine the general outage-reporting special offices and facilities (in
threshold criteria. accordance with paragraphs (a) through Fisheries of the Caribbean, Gulf of
* * * * * (d) of § 4.5) other than airports through Mexico, and South Atlantic; 2016
(d) Optical Carrier 3 (OC3) minutes direct service facility agreements; or Commercial Accountability Measure
are defined as the mathematical result of (v) That potentially affects a 911 and Closure for Gulf of Mexico Greater
multiplying the duration of an outage, special facility (as defined in paragraph Amberjack
expressed in minutes, by the number of (e) of § 4.5), in which case they also
shall notify, as soon as possible by AGENCY: National Marine Fisheries
previously operating OC3 circuits or
telephone or other electronic means, Service (NMFS), National Oceanic and
their equivalents that were affected by
any official who has been designated by Atmospheric Administration (NOAA),
the outage.
the management of the affected 911 Commerce.
(e) * * *
facility as the provider’s contact person ACTION: Temporary rule; closure.
(2) The mathematical result of
for communications outages at that
multiplying the duration of an outage, SUMMARY: NMFS implements
facility, and they shall convey to that
expressed in minutes, by the number of accountability measures (AMs) for
person all available information that
end users potentially affected by the commercial greater amberjack in the
may be useful to the management of the
outage, for all other forms of Gulf of Mexico (Gulf) reef fish fishery
affected facility in mitigating the effects
communications. For interconnected for the 2016 fishing year through this
of the outage on callers to that facility.
VoIP service providers to mobile users, temporary rule. NMFS projects
(2) In determining the number of
the number of potentially affected users commercial landings for greater
users potentially affected by a failure of
should be determined by multiplying amberjack, will reach the commercial
a switch, a wireless provider must
the simultaneous call capacity of the annual catch target (ACT) by July 17,
multiply the number of macro cell sites
affected equipment by a concentration 2016. Therefore, NMFS closes the
disabled in the outage by the average
ratio of 8. commercial sector for greater amberjack
number of users served per site, which
* * * * * is calculated as the total number of in the Gulf on July 17, 2016, and it will
■ 4. Section 4.9 is amended by revising users for the provider divided by the remain closed until the start of the next
paragraph (a)(2), the second sentence in total number of the provider’s macro fishing season on January 1, 2017. This
paragraph (a)(4), revising the second cell sites. closure is necessary to protect the Gulf
and sixth sentence in paragraph (b), (3) For providers of paging service greater amberjack resource.
revising paragraph (e), (f)(2) and the only, a notification must be submitted if DATES: This rule is effective 12:01 a.m.,
second sentence in paragraph (f)(4) to the failure of a switch for at least 30 local time, July 17, 2016, until 12:01
mstockstill on DSK3G9T082PROD with RULES
read as follows: minutes duration potentially affects at a.m., local time, January 1, 2017.
least 900,000 user-minutes. FOR FURTHER INFORMATION CONTACT: Rich
§ 4.9 Outage reporting requirements— Malinowski, NMFS Southeast Regional
(4) Not later than 72 hours after
threshold criteria. Office, telephone: 727–824–5305, or
discovering the outage, the provider
(a) * * * shall submit electronically an Initial email: rich.malinowski@noaa.gov.
(2) Affects at least 667 OC3 minutes; Communications Outage Report to the SUPPLEMENTARY INFORMATION: NMFS
* * * * * Commission. Not later than 30 days manages the reef fish fishery of the Gulf,
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![Federal Register / Vol. 81, No. 133 / Tuesday, July 12, 2016 / Rules and Regulations 45069
which includes greater amberjack, During the commercial closure, the bag This action responds to the best
under the Fishery Management Plan for and possession limits specified in 50 scientific information available. The
the Reef Fish Resources of the Gulf CFR 622.38(b)(1) apply to all harvest or Assistant Administrator for NOAA
(FMP). The Gulf of Mexico Fishery possession of greater amberjack in or Fisheries (AA), finds that the need to
Management Council (Council) from the Gulf exclusive economic zone immediately implement this action to
prepared the FMP and NMFS (EEZ). However, from June 1 through close the commercial sector for greater
implements the FMP under the July 31 each year, the recreational sector amberjack constitutes good cause to
authority of the Magnuson-Stevens for greater amberjack is also closed, as waive the requirements to provide prior
Fishery Conservation and Management specified in 50 CFR 622.34(c), and notice and opportunity for public
Act (Magnuson-Stevens Act) by during this recreational closure, the bag comment pursuant to the authority set
regulations at 50 CFR part 622. All and possession limits for greater forth in 5 U.S.C. 553(b)(B), as such
greater amberjack weights discussed in amberjack in or from the Gulf EEZ are procedures would be unnecessary and
this temporary rule are in round weight. zero. During the commercial closure, the contrary to the public interest. Such
The commercial annual catch limit sale or purchase of greater amberjack procedures are unnecessary because the
(ACL) for Gulf greater amberjack is taken from the EEZ is prohibited. The
rule establishing the closure provisions
464,400 lb (210,648 kg), as specified in prohibition on sale or purchase does not
was subject to notice and comment, and
50 CFR 622.41(a)(1)(iii). The apply to the sale or purchase of greater
all that remains is to notify the public
commercial ACT (equivalent to the amberjack that were harvested, landed
ashore, and sold prior to 12:01 a.m., of the closure. Such procedures are
commercial quota) is 394,740 lb contrary to the public interest because
(179,051 kg), as specified in 50 CFR local time, July 17, 2016, and were held
in cold storage by a dealer or processor. of the need to immediately implement
622.39(a)(1)(v). this action to protect greater amberjack.
Under 50 CFR 622.41(a)(1)(i), NMFS The commercial sector for greater
amberjack will reopen on January 1, The capacity of the commercial sector
is required to close the commercial allows for rapid harvest of the
sector for greater amberjack when the 2017, the beginning of the 2017
commercial fishing season. commercial quota, and prior notice and
commercial quota is reached, or is opportunity for public comment would
projected to be reached, by filing a Classification require time and would potentially
notification to that effect with the Office The Regional Administrator, result in harvest exceeding the
of the Federal Register. NMFS has Southeast Region, NMFS, has commercial ACL.
determined the commercial quota will determined this temporary rule is
be reached by July 17, 2016. For the aforementioned reasons, the
necessary for the conservation and AA also finds good cause to waive the
Accordingly, the commercial sector for management of Gulf greater amberjack
Gulf greater amberjack is closed 30-day delay in the effectiveness of this
and is consistent with the Magnuson-
effective 12:01 a.m., local time, July 17, action under 5 U.S.C. 553(d)(3).
Stevens Act and other applicable laws.
2016, until 12:01 a.m., local time, This action is taken under 50 CFR Authority: 16 U.S.C. 1801 et seq.
January 1, 2017. 622.41(a)(1) and is exempt from review Dated: July 6, 2016.
The operator of a vessel with a valid under Executive Order 12866.
commercial vessel permit for Gulf reef These measures are exempt from the Emily H. Menashes,
fish with greater amberjack on board procedures of the Regulatory Flexibility Acting Director, Office of Sustainable
must have landed, bartered, traded, or Act, because the temporary rule is Fisheries, National Marine Fisheries Service.
sold such greater amberjack prior to issued without opportunity for prior [FR Doc. 2016–16401 Filed 7–7–16; 4:15 pm]
12:01 a.m., local time, July 17, 2016. notice and comment. BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES
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Document Created: 2016-07-12 01:59:48
Document Modified: 2016-07-12 01:59:48
| 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, July 17, 2016, until 12:01 a.m., local time, January 1, 2017. | |
| Contact | Rich Malinowski, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 81 FR 45068 | |
| RIN Number | 0648-XE71 |
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