81 FR 51138 - Snapper-Grouper Fishery of the South Atlantic; 2016 Commercial Accountability Measure and Closure for the South Atlantic Lesser Amberjack, Almaco Jack, and Banded Rudderfish Complex

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range		51138-51139
FR Document		2016-18249

NMFS implements an accountability measure (AM) for the commercial sector for the lesser amberjack, almaco jack, and banded rudderfish complex (other jacks complex) in the South Atlantic for the 2016 fishing year through this temporary rule. NMFS projects that commercial landings of the other jacks complex will reach their combined commercial annual catch limit (ACL) by August 9, 2016. Therefore, NMFS closes the commercial sector for this complex on August 9, 2016, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources.

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)

[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51138-51139]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120815345-3525-02]
RIN 0648-XE754


Snapper-Grouper Fishery of the South Atlantic; 2016 Commercial 
Accountability Measure and Closure for the South Atlantic Lesser 
Amberjack, Almaco Jack, and Banded Rudderfish Complex

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 51139]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
commercial sector for the lesser amberjack, almaco jack, and banded 
rudderfish complex (other jacks complex) in the South Atlantic for the 
2016 fishing year through this temporary rule. NMFS projects that 
commercial landings of the other jacks complex will reach their 
combined commercial annual catch limit (ACL) by August 9, 2016. 
Therefore, NMFS closes the commercial sector for this complex on August 
9, 2016, through the remainder of the fishing year in the exclusive 
economic zone (EEZ) of the South Atlantic. This closure is necessary to 
protect the lesser amberjack, almaco jack, and banded rudderfish 
resources.

DATES: This rule is effective 12:01 a.m., local time, August 9, 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 lesser amberjack, almaco jack, and banded rudderfish, 
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 combined commercial ACL for the other jacks complex is 189,422 
lb (85,920 kg), round weight. Under 50 CFR 622.193(l)(1)(i), NMFS is 
required to close the commercial sector for the other jacks complex 
when the 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 sector for 
this complex is projected to reach its ACL by August 9, 2016. 
Therefore, this temporary rule implements an AM to close the commercial 
sector for the other jacks complex in the South Atlantic, effective 
12:01 a.m., local time August 9, 2016.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having lesser amberjack, almaco jack, or 
banded rudderfish on board must have landed and bartered, traded, or 
sold such species prior to 12:01 a.m., local time, August 9, 2016. 
During the closure, the bag limit specified in 50 CFR 622.187(b)(8) and 
the possession limits specified in 50 CFR 622.187(c) apply to all 
harvest or possession of lesser amberjack, almaco jack, or banded 
rudderfish in or from the South Atlantic EEZ. These bag and possession 
limits apply in the South Atlantic on board a vessel for which a valid 
Federal commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, regardless of whether such species 
were harvested in state or Federal waters. During the closure, the sale 
or purchase of lesser amberjack, almaco jack, or banded rudderfish 
taken from the EEZ is prohibited.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
the fish in the other jacks complex, a component of 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(l)(1)(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 public 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 
the other jacks complex 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 implementing the AM 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 the other jacks complex since the capacity of the 
fishing fleet allows for rapid harvest of the commercial ACL. Prior 
notice and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
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 28, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-18249 Filed 8-2-16; 8:45 am]
BILLING CODE 3510-22-P

51138 Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations

will issue an IFTP within 30 days of within 30 days, the permit is void as of (b) Import, export or re-export fish or
receipt of a completed application. the 30th day after such change. fish products regulated under this
NMFS will notify the applicant of any (l) Renewal. Persons must apply subpart, including imports or exports
deficiency in the application, including annually for an IFTP issued under this otherwise eligible for the de minimis
failure to provide information, section. A renewal application must be value exemption from filing
documentation or reports required submitted via a Web site designated by requirements under CBP procedures,
under this subpart. If the applicant fails NMFS, at least 15 days before the permit without a valid IFTP as required under
to correct the deficiency within 30 days expiration date to avoid a lapse in § 300.322 or without submitting
following the date of notification, the permitted status. NMFS will renew a complete and accurate information as
application will be considered permit provided that: The application required under § 300.323.
abandoned. for the requested permit renewal is
(d) Duration. An IFTP issued under complete; all documentation and reports PART 600—MAGNUSON-STEVENS
this section is valid for a period of one required under this subpart and the ACT PROVISIONS
year from the permit effective date. Magnuson-Stevens Act, Atlantic Tuna
(e) Alteration. Any IFTP that is Conventions Act, the Tuna Conventions ■ 17. The authority citation for part 600
substantially altered, erased, or Act, the Marine Mammal Protection Act, continues to read as follows:
mutilated is invalid. the Dolphin Consumer Protection Authority: 5 U.S.C. 561 and 16 U.S.C. 1801
(f) Replacement. NMFS may issue Information Act, and the Antarctic et seq.
replacement permits. An application for Marine Living Resources Act have been
a replacement permit is not considered ■ 18. In § 600.705, revise the first
submitted, including those required sentence of paragraph (g) to read as
a new application. An appropriate fee, under §§ 216.24, 216.93, 300.114,
consistent with paragraph (j) of this follows:
300.183, 300.185, 300.186, 300.187 and
section, may be charged for issuance of 635.5 of this title; and the applicant is § 600.705 Relation to other laws,
a replacement permit. not subject to a permit sanction or * * * * *
(g) Transfer. An IFTP issued under denial under paragraph (i) of this (g) High seas fishing activities.
this section is not transferable or section. Regulations governing permits and
assignable; it is valid only for the permit
requirements for fishing activities on the
holder to whom it is issued. § 300.323 Reporting requirements.
(h) Inspection. The permit holder high seas are set forth in 50 CFR part
Any person, including a resident 300, subparts A and R.* * *
must keep the IFTP issued under this agent for a nonresident entity (see 19
section at his/her principal place of CFR 141.18), who imports as defined in PART 660—FISHERIES OFF WEST
business. The IFTP must be displayed § 300.321, exports, or re-exports fish or COAST STATES
for inspection upon request of any fish products regulated under this sub-
authorized officer, or any employee of part from any ocean area, must file all ■ 19. The authority citation for part 660
NMFS designated by NMFS for such reports and documentation required continues to read as follows:
purpose. under the AMLR trade program, HMS Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
(i) Sanctions. The Assistant ITP, and TTVP as specified under this 773 et seq., and 16 U.S.C. 7001 et seq.
Administrator may suspend, revoke, title and under other regulations that
modify, or deny a permit issued or ■ 20. In § 660.2, revise paragraph (c) to
incorporate by reference the read as follows:
sought under this section. Procedures requirements of this subpart. For
governing permit sanctions and denials imports, specific instructions for § 660.2 Relation to other laws.
are found at subpart D of 15 CFR part electronic filing are found in Customs * * * * *
904. and Trade Automated Interface (c) Fishing activities on the high seas
(j) Fees. NMFS will charge a fee to Requirements (CATAIR) Appendix PGA are governed by regulations of the High
recover the administrative expenses of (https://www.cbp.gov/document/ Seas Fishing Compliance Act set forth
permit issuance. The amount of the fee guidance/appendix-pga). For exports, in 50 CFR part 300, subparts A and R.
is calculated, at least annually, in specific instructions for electronic filing
accordance with the procedures of the [FR Doc. 2016–18401 Filed 8–2–16; 8:45 am]
are found in Automated Export System
NOAA Finance Handbook, available Trade Interface Requirements (AESTIR)
BILLING CODE 3510–22–P
from NMFS, for determining the Appendix Q (https://www.cbp.gov/
administrative costs of each special document/guidance/aestir-draft-
product or service. The fee may not DEPARTMENT OF COMMERCE
appendix-q-pga-record-formats). For
exceed such costs and is specified on fish and fish products regulated under National Oceanic and Atmospheric
each application form. The appropriate this subpart, an ACE entry filing or AES Administration
fee must be submitted via a Web site export filing, as applicable, is required
designated by NMFS at the time of regardless of value, except in cases 50 CFR Part 622
application. Failure to pay the fee will where CBP provides alternate means of
preclude issuance of the permit. collecting NMFS-required data and/or [Docket No. 120815345–3525–02]
Payment by a commercial instrument document images. RIN 0648–XE754
later determined to be insufficiently
funded shall invalidate any permit. § 300.324 Prohibitions.
Snapper-Grouper Fishery of the South
(k) Change in application In addition to the prohibitions Atlantic; 2016 Commercial
information. Within 15 days after any
rmajette on DSK2TPTVN1PROD with RULES

specified in §§ 300.4, 300.117, 300.189, Accountability Measure and Closure
change in the information contained in 600.725 and 635.71 of this title, it is for the South Atlantic Lesser
an application submitted under this unlawful for any person subject to the Amberjack, Almaco Jack, and Banded
section, the permit holder must report jurisdiction of the United States to: Rudderfish Complex
the change to NMFS via a Web site (a) Violate any provision of this
designated by NMFS. If a change in subpart, or the conditions of any IFTP AGENCY: National Marine Fisheries
permit information is not reported issued under this subpart, Service (NMFS), National Oceanic and

VerDate Sep<11>2014 14:12 Aug 02, 2016 Jkt 238001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\03AUR1.SGM 03AUR1

Document Created: 2016-08-02 23:44:14
Document Modified: 2016-08-02 23:44:14

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, August 9, 2016, until 12:01 a.m., local time, January 1, 2017.
Contact		Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		81 FR 51138
RIN Number		0648-XE75

81 FR 51138 - Snapper-Grouper Fishery of the South Atlantic; 2016 Commercial Accountability Measure and Closure for the South Atlantic Lesser Amberjack, Almaco Jack, and Banded Rudderfish Complex

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 149 (August 3, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration