81 FR 58411 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 165 (August 25, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 165 (August 25, 2016)
| Page Range | 58411-58412 | |
| FR Document | 2016-20414 |
[Federal Register Volume 81, Number 165 (Thursday, August 25, 2016)] [Rules and Regulations] [Pages 58411-58412] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20414] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130312235-3658-02] RIN 0648-XE824 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Trip Limit Reduction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit reduction. ----------------------------------------------------------------------- SUMMARY: NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource. DATES: This rule is effective 12:01 a.m., local time, August 28, 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 in the South Atlantic includes vermilion snapper and is managed under the Fishery Management Plan for the Snapper-Grouper Fishery of the South Atlantic Region (FMP). The South Atlantic Fishery Management Council prepared the FMP. The FMP is implemented by NMFS under the authority of the Magnuson-Stevens Fishery [[Page 58412]] Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The commercial ACL (commercial quota) for vermilion snapper in the South Atlantic is divided into two 6-month time periods, January through June, and July through December. For the July 1 through December 31, 2016, fishing season, the commercial quota is 388,703 lb (176,313 kg), gutted weight, 431,460 lb (195,707 kg), round weight (50 CFR 622.190(a)(4)(ii)(D)). As specified in 50 CFR 622.190(a)(4)(iii), any unused portion of the commercial quota from the January through June 2016, fishing season would be added to the commercial quota for the July through December 2016, fishing season. However, in 2016, there was no unused commercial quota for the January through June period as the commercial sector reached its quota during the first 6-month period. Accordingly, the commercial sector was closed on March 29, 2016, through June 30, 2016 (81 FR 16095, March 25, 2016). Under 50 CFR 622.191(a)(6)(ii), NMFS is required to reduce the commercial trip limit for vermilion snapper from 1,000 lb (454 kg), gutted weight, 1,110 lb (503 kg), round weight, when 75 percent of the fishing season commercial quota is reached or projected to be reached, by filing a notification to that effect with the Office of the Federal Register, as established by Regulatory Amendment 18 to the FMP (78 FR 47574, August 6, 2013). The reduced commercial trip limit is 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. Based on current information, NMFS has determined that 75 percent of the available commercial quota for the July through December 2016 fishing season for vermilion snapper will be reached by August 28, 2016. Accordingly, NMFS is reducing the commercial trip limit for vermilion snapper to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight, in or from the South Atlantic EEZ at 12:01 a.m., local time, on August 28, 2016. This reduced commercial trip limit will remain in effect until the start of the next commercial fishing season on January 1, 2017, or until the commercial quota is reached and the commercial sector closes, whichever occurs first. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic vermilion snapper and is consistent with the Magnuson- Stevens Act and other applicable laws. This action is taken under 50 CFR 622.191(a)(6)(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 NOAA Fisheries (AA) finds that the need to immediately implement this commercial trip limit reduction 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), because prior notice and opportunity for public comment on this temporary rule is unnecessary and contrary to the public interest. Such procedures are unnecessary, because the rule establishing the trip limit has already been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Prior notice and opportunity for public comment is contrary to the public interest, because any delay in reducing the commercial trip limit could result in the commercial quota being exceeded. There is a need to immediately implement this action to protect the vermilion snapper resource, since the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public comment on this action would require time and increase the probability that the commercial sector could exceed its 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: August 22, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-20414 Filed 8-22-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations 58411
This action is required by 50 CFR The recreational ACL for golden this action to protect the golden tilefish
300.223(a) and is exempt from review tilefish is 3,019 fish. In accordance with resource. Time required for notice and
under Executive Order 12866. regulations at 50 CFR 622.193(a)(2)(i), if public comment would allow for
Authority: 16 U.S.C. 6901 et seq. recreational landings of golden tilefish continued recreational harvest and
reach the recreational ACL, the further exceedance of the recreational
Dated: August 22, 2016. Assistant Administrator for NOAA ACL.
Emily H. Menashes, Fisheries (AA) will file a notification For the aforementioned reasons, the
Acting Director, Office of Sustainable with the Office of the Federal Register AA also finds good cause to waive the
Fisheries, National Marine Fisheries Service. to close the recreational sector for the 30-day delay in the effectiveness of this
[FR Doc. 2016–20420 Filed 8–24–16; 8:45 am] remainder of the fishing year. Landings action under 5 U.S.C. 553(d)(3).
BILLING CODE 3510–22–P data from the NMFS Southeast Fisheries Authority: 16 U.S.C. 1801 et seq.
Science Center in 2016 indicate that the
golden tilefish recreational ACL has Dated: August 22, 2016.
DEPARTMENT OF COMMERCE been exceeded. Therefore, this Emily H. Menashes,
temporary rule implements an AM to Acting Director, Office of Sustainable
National Oceanic and Atmospheric close the golden tilefish recreational Fisheries, National Marine Fisheries Service.
Administration sector of the snapper-grouper fishery for [FR Doc. 2016–20412 Filed 8–22–16; 4:15 pm]
the remainder of the 2016 fishing year. BILLING CODE 3510–22–P
50 CFR Part 622 As a result, the recreational sector for
[Docket No. 120403249–2492–02] golden tilefish in the South Atlantic
EEZ will be closed effective 12:01 a.m., DEPARTMENT OF COMMERCE
RIN 0648–XE829 local time August 27, 2016.
During the closure, the bag and National Oceanic and Atmospheric
Snapper-Grouper Fishery of the South Administration
possession limits for golden tilefish in
Atlantic; 2016 Recreational
or from the South Atlantic EEZ are zero.
Accountability Measure and Closure 50 CFR Part 622
The recreational sector for golden
for South Atlantic Golden Tilefish
tilefish will reopen on January 1, 2017, [Docket No. 130312235–3658–02]
AGENCY: National Marine Fisheries the beginning of the 2017 recreational
Service (NMFS), National Oceanic and fishing season. RIN 0648–XE824
Atmospheric Administration (NOAA), Classification Fisheries of the Caribbean, Gulf of
Commerce. Mexico, and South Atlantic; Snapper-
The Regional Administrator for the
ACTION: Temporary rule; closure. Grouper Resources of the South
NMFS Southeast Region has determined
this temporary rule is necessary for the Atlantic; Trip Limit Reduction
SUMMARY: NMFS implements
accountability measures (AMs) for the conservation and management of South AGENCY: National Marine Fisheries
golden tilefish recreational sector in the Atlantic golden tilefish and is consistent Service (NMFS), National Oceanic and
exclusive economic zone (EEZ) of the with the Magnuson-Stevens Act and Atmospheric Administration (NOAA),
South Atlantic for the 2016 fishing year other applicable laws. Commerce.
through this temporary rule. NMFS This action is taken under 50 CFR
ACTION: Temporary rule; trip limit
estimates recreational landings of 622.193(a)(2)(i) and is exempt from
review under Executive Order 12866. reduction.
golden tilefish in 2016 have exceeded
the recreational annual catch limit These measures are exempt from the SUMMARY: NMFS reduces the
(ACL). Therefore, NMFS closes the procedures of the Regulatory Flexibility commercial trip limit for vermilion
golden tilefish recreational sector in the Act because the temporary rule is issued snapper in or from the exclusive
South Atlantic EEZ on August 27, 2016. without opportunity for prior notice and economic zone (EEZ) of the South
This closure is necessary to protect the comment. Atlantic to 500 lb (227 kg), gutted
This action responds to the best
golden tilefish resource. weight, 555 lb (252 kg), round weight.
scientific information available. The AA
DATES: This rule is effective 12:01 a.m., This trip limit reduction is necessary to
finds that the need to immediately
local time, August 27, 2016, until 12:01 protect the South Atlantic vermilion
implement this action to close the
a.m., local time, January 1, 2017. snapper resource.
recreational sector for golden tilefish
FOR FURTHER INFORMATION CONTACT: constitutes good cause to waive the DATES: This rule is effective 12:01 a.m.,
Mary Vara, NMFS Southeast Regional requirements to provide prior notice local time, August 28, 2016, until 12:01
Office, telephone: 727–824–5305, email: and opportunity for public comment on a.m., local time, January 1, 2017.
mary.vara@noaa.gov. this temporary rule pursuant to 5 U.S.C. FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION: The 553(b)(B), because such procedures are Mary Vara, NMFS Southeast Regional
snapper-grouper fishery of the South unnecessary and contrary to the public Office, telephone: 727–824–5305, email:
Atlantic includes golden tilefish and is interest. Such procedures are mary.vara@noaa.gov.
managed under the Fishery unnecessary because the AMs SUPPLEMENTARY INFORMATION: The
Management Plan for the Snapper- established by Regulatory Amendment snapper-grouper fishery in the South
Grouper Fishery of the South Atlantic 12 to the FMP (77 FR 61295, October 9, Atlantic includes vermilion snapper and
Region (FMP). The FMP was prepared 2012) have already been subject to is managed under the Fishery
by the South Atlantic Fishery notice and comment. All that remains is Management Plan for the Snapper-
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Management Council and is to notify the public of the recreational Grouper Fishery of the South Atlantic
implemented by NMFS under the closure for golden tilefish for the Region (FMP). The South Atlantic
authority of the Magnuson-Stevens remainder of the 2016 fishing year. Prior Fishery Management Council prepared
Fishery Conservation and Management notice and opportunity for comment are the FMP. The FMP is implemented by
Act (Magnuson-Stevens Act) by contrary to the public interest because NMFS under the authority of the
regulations at 50 CFR part 622. of the need to immediately implement Magnuson-Stevens Fishery
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![58412 Federal Register / Vol. 81, No. 165 / Thursday, August 25, 2016 / Rules and Regulations
Conservation and Management Act round weight. Based on current commercial trip limit reduction
(Magnuson-Stevens Act) by regulations information, NMFS has determined that constitutes good cause to waive the
at 50 CFR part 622. 75 percent of the available commercial requirements to provide prior notice
The commercial ACL (commercial quota for the July through December and opportunity for public comment
quota) for vermilion snapper in the 2016 fishing season for vermilion pursuant to the authority set forth in 5
South Atlantic is divided into two 6- snapper will be reached by August 28, U.S.C. 553(b)(B), because prior notice
month time periods, January through 2016. Accordingly, NMFS is reducing and opportunity for public comment on
June, and July through December. For the commercial trip limit for vermilion this temporary rule is unnecessary and
the July 1 through December 31, 2016, snapper to 500 lb (227 kg), gutted contrary to the public interest. Such
fishing season, the commercial quota is weight, 555 lb (252 kg), round weight, procedures are unnecessary, because the
388,703 lb (176,313 kg), gutted weight, in or from the South Atlantic EEZ at rule establishing the trip limit has
431,460 lb (195,707 kg), round weight 12:01 a.m., local time, on August 28, already been subject to notice and
(50 CFR 622.190(a)(4)(ii)(D)). As 2016. This reduced commercial trip comment, and all that remains is to
specified in 50 CFR 622.190(a)(4)(iii), limit will remain in effect until the start notify the public of the trip limit
any unused portion of the commercial of the next commercial fishing season reduction. Prior notice and opportunity
quota from the January through June on January 1, 2017, or until the for public comment is contrary to the
2016, fishing season would be added to commercial quota is reached and the public interest, because any delay in
the commercial quota for the July commercial sector closes, whichever reducing the commercial trip limit
through December 2016, fishing season. occurs first. could result in the commercial quota
However, in 2016, there was no unused Classification being exceeded. There is a need to
commercial quota for the January immediately implement this action to
The Regional Administrator, protect the vermilion snapper resource,
through June period as the commercial
Southeast Region, NMFS, has since the capacity of the fishing fleet
sector reached its quota during the first determined this temporary rule is
6-month period. Accordingly, the allows for rapid harvest of the
necessary for the conservation and commercial quota. Prior notice and
commercial sector was closed on March management of South Atlantic
29, 2016, through June 30, 2016 (81 FR opportunity for public comment on this
vermilion snapper and is consistent action would require time and increase
16095, March 25, 2016). with the Magnuson-Stevens Act and
Under 50 CFR 622.191(a)(6)(ii), NMFS the probability that the commercial
other applicable laws. sector could exceed its quota.
is required to reduce the commercial This action is taken under 50 CFR
trip limit for vermilion snapper from 622.191(a)(6)(ii) and is exempt from For the aforementioned reasons, the
1,000 lb (454 kg), gutted weight, 1,110 review under Executive Order 12866. AA also finds good cause to waive the
lb (503 kg), round weight, when 75 These measures are exempt from the 30-day delay in the effectiveness of this
percent of the fishing season procedures of the Regulatory Flexibility action under 5 U.S.C. 553(d)(3).
commercial quota is reached or Act because the temporary rule is issued Authority: 16 U.S.C. 1801 et seq.
projected to be reached, by filing a without opportunity for prior notice and
notification to that effect with the Office Dated: August 22, 2016.
comment.
of the Federal Register, as established by This action responds to the best Emily H. Menashes,
Regulatory Amendment 18 to the FMP scientific information available. The Acting Director, Office of Sustainable
(78 FR 47574, August 6, 2013). The Assistant Administrator for NOAA Fisheries, National Marine Fisheries Service.
reduced commercial trip limit is 500 lb Fisheries (AA) finds that the need to [FR Doc. 2016–20414 Filed 8–22–16; 4:15 pm]
(227 kg), gutted weight, 555 lb (252 kg), immediately implement this BILLING CODE 3510–22–P
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Document Created: 2016-08-25 00:34:43
Document Modified: 2016-08-25 00:34:43
| 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; trip limit reduction. | |
| Dates | This rule is effective 12:01 a.m., local time, August 28, 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 58411 | |
| RIN Number | 0648-XE82 |
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