81_FR_59685 81 FR 59517 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measures and Closure for Blueline Tilefish in the South Atlantic Region

81 FR 59517 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measures and Closure for Blueline Tilefish in the South Atlantic Region

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 168 (August 30, 2016)

Page Range59517-59517
FR Document2016-20847

NMFS implements accountability measures (AMs) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blueline tilefish are projected to reach the commercial annual catch limit (ACL) by August 30, 2016. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, August 30, 2016, and it will remain closed until the start of the next fishing year on January 1, 2017. This closure is necessary to protect the blueline tilefish resource.

Federal Register, Volume 81 Issue 168 (Tuesday, August 30, 2016)
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Page 59517]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20847]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XE830


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Commercial Accountability Measures and Closure for Blueline 
Tilefish in the South Atlantic Region

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 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings for blueline tilefish are projected to 
reach the commercial annual catch limit (ACL) by August 30, 2016. 
Therefore, NMFS is closing the commercial sector for blueline tilefish 
in the South Atlantic EEZ at 12:01 a.m., local time, August 30, 2016, 
and it will remain closed until the start of the next fishing year on 
January 1, 2017. This closure is necessary to protect the blueline 
tilefish resource.

DATES: This rule is effective at 12:01 a.m., local time, August 30, 
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 blueline tilefish 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 and NMFS 
prepared the FMP, and the FMP is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    In Regulatory Amendment 25 to the FMP, NMFS implemented management 
measures for blueline tilefish that included increasing the commercial 
ACL from 26,766 lb (12,141 kg) to 87,521 lb (39,699 kg), round weight 
(81 FR 45245, July 13, 2016).
    NMFS is required to close the commercial sector for blueline 
tilefish when the commercial ACL is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register, as specified in 50 CFR 622.193(z)(1)(i). NMFS has 
projected that the commercial ACL for South Atlantic blueline tilefish 
will be reached by August 30, 2016. Accordingly, the commercial sector 
for South Atlantic blueline tilefish is closed effective at 12:01 a.m., 
local time, August 30, 2016, until 12:01 a.m., local time, January 1, 
2017.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having blueline tilefish on 
board must have landed and bartered, traded, or sold such blueline 
tilefish prior to August 30, 2016. During the commercial closure, all 
sale or purchase of blueline tilefish is prohibited. The harvest or 
possession of blueline tilefish in or from the South Atlantic EEZ is 
limited to the bag and possession limits specified in 50 CFR 
622.187(b)(2) and (c)(1), respectively, while the recreational sector 
for blueline tilefish is open. These bag and possession limits apply in 
the South Atlantic on board a vessel with a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper, and 
apply to the harvest of blueline tilefish in both state and Federal 
waters.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of blueline tilefish 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(z)(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 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 
blueline 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 prior notice and 
opportunity for public comment are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.193(z)(1)(i) 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 are contrary 
to the public interest because there is a need to immediately implement 
this action to protect blueline tilefish, 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: August 25, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-20847 Filed 8-25-16; 4:15 pm]
 BILLING CODE 3510-22-P



                                                                  Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations                                             59517

                                                F–304     Correction instructions.                      (ACL) by August 30, 2016. Therefore,                  possession limits apply in the South
                                                   Functionality for correcting a WAWF                  NMFS is closing the commercial sector                 Atlantic on board a vessel with a valid
                                                RR or WAWF RRR is available for                         for blueline tilefish in the South                    Federal commercial or charter vessel/
                                                Defense Contract Management Agency                      Atlantic EEZ at 12:01 a.m., local time,               headboat permit for South Atlantic
                                                administered contracts paid using the                   August 30, 2016, and it will remain                   snapper-grouper, and apply to the
                                                Mechanization of Contract                               closed until the start of the next fishing            harvest of blueline tilefish in both state
                                                Administration Services system with                     year on January 1, 2017. This closure is              and Federal waters.
                                                source acceptance. Preparation                          necessary to protect the blueline tilefish
                                                                                                                                                              Classification
                                                instructions and training for corrections               resource.
                                                is available at https://wawf                            DATES: This rule is effective at 12:01                   The Regional Administrator for the
                                                training.eb.mil. The instructions are part              a.m., local time, August 30, 2016, until              NMFS Southeast Region has determined
                                                of the Vendor Training section.                         12:01 a.m., local time, January 1, 2017.              this temporary rule is necessary for the
                                                *     *     *     *     *                               FOR FURTHER INFORMATION CONTACT:                      conservation and management of
                                                                                                        Mary Vara, NMFS Southeast Regional                    blueline tilefish and the South Atlantic
                                                F–306     Packing list instructions.                    Office, telephone: 727–824–5305, email:               snapper-grouper fishery and is
                                                   Contractors may also use a WAWF                      mary.vara@noaa.gov.                                   consistent with the Magnuson-Stevens
                                                processed RR, including the WAWF                        SUPPLEMENTARY INFORMATION: The                        Act and other applicable laws.
                                                RRR, as a packing list. WAWF provides                   snapper-grouper fishery of the South                     This action is taken under 50 CFR
                                                options to print the RR. These printed                  Atlantic includes blueline tilefish and is            622.193(z)(1)(i) and is exempt from
                                                RRs may also be used if a signed copy                   managed under the Fishery                             review under Executive Order 12866.
                                                is required.                                            Management Plan for the Snapper-                         These measures are exempt from the
                                                   (a) WAWF provides a print capability                 Grouper Fishery of the South Atlantic                 procedures of the Regulatory Flexibility
                                                for its RR. The WAWF printed RR can                     Region (FMP). The South Atlantic                      Act because the temporary rule is issued
                                                be identified by its distinctive format                 Fishery Management Council and                        without opportunity for prior notice and
                                                and by the text title at the top of each                NMFS prepared the FMP, and the FMP                    comment.
                                                printed page ‘‘Material Inspection and                  is implemented under the authority of
                                                                                                        the Magnuson-Stevens Fishery                             This action responds to the best
                                                Receiving Report in accordance with
                                                                                                        Conservation and Management Act                       scientific information available. The
                                                DFARS Appendix F. Paper DD Form
                                                                                                        (Magnuson-Stevens Act) by regulations                 Assistant Administrator for NOAA
                                                250 is usable in lieu of this document
                                                                                                        at 50 CFR part 622.                                   Fisheries (AA) finds that the need to
                                                on an exception basis.’’ (See DFARS
                                                                                                           In Regulatory Amendment 25 to the                  immediately implement this action to
                                                252.232–7003(c)). This printed copy can
                                                                                                        FMP, NMFS implemented management                      close the commercial sector for blueline
                                                be used as a packing list. If needed, the
                                                                                                        measures for blueline tilefish that                   tilefish constitutes good cause to waive
                                                signature can be verified by reviewing
                                                                                                        included increasing the commercial                    the requirements to provide prior notice
                                                the signed RR in WAWF.
                                                                                                        ACL from 26,766 lb (12,141 kg) to                     and opportunity for public comment
                                                *      *    *     *     *                                                                                     pursuant to the authority set forth in 5
                                                [FR Doc. 2016–20474 Filed 8–29–16; 8:45 am]             87,521 lb (39,699 kg), round weight (81
                                                                                                        FR 45245, July 13, 2016).                             U.S.C. 553(b)(B), as such prior notice
                                                BILLING CODE 5001–06–P
                                                                                                           NMFS is required to close the                      and opportunity for public comment are
                                                                                                        commercial sector for blueline tilefish               unnecessary and contrary to the public
                                                                                                        when the commercial ACL is reached,                   interest. Such procedures are
                                                DEPARTMENT OF COMMERCE                                  or is projected to be reached, by filing              unnecessary because the regulations at
                                                                                                        a notification to that effect with the                50 CFR 622.193(z)(1)(i) have already
                                                National Oceanic and Atmospheric                                                                              been subject to notice and comment,
                                                                                                        Office of the Federal Register, as
                                                Administration                                                                                                and all that remains is to notify the
                                                                                                        specified in 50 CFR 622.193(z)(1)(i).
                                                                                                        NMFS has projected that the                           public of the closure. Prior notice and
                                                50 CFR Part 622                                                                                               opportunity for public comment are
                                                                                                        commercial ACL for South Atlantic
                                                [Docket No. 140501394–5279–02]                          blueline tilefish will be reached by                  contrary to the public interest because
                                                                                                        August 30, 2016. Accordingly, the                     there is a need to immediately
                                                RIN 0648–XE830                                          commercial sector for South Atlantic                  implement this action to protect
                                                                                                        blueline tilefish is closed effective at              blueline tilefish, since the capacity of
                                                Fisheries of the Caribbean, Gulf of                                                                           the fishing fleet allows for rapid harvest
                                                Mexico, and South Atlantic; 2016                        12:01 a.m., local time, August 30, 2016,
                                                                                                        until 12:01 a.m., local time, January 1,              of the commercial ACL. Prior notice and
                                                Commercial Accountability Measures                                                                            opportunity for public comment would
                                                and Closure for Blueline Tilefish in the                2017.
                                                                                                           The operator of a vessel with a valid              require time and would potentially
                                                South Atlantic Region                                                                                         result in a harvest well in excess of the
                                                                                                        Federal commercial vessel permit for
                                                AGENCY:  National Marine Fisheries                      South Atlantic snapper-grouper having                 established commercial ACL.
                                                Service (NMFS), National Oceanic and                    blueline tilefish on board must have                     For the aforementioned reasons, the
                                                Atmospheric Administration (NOAA),                      landed and bartered, traded, or sold                  AA also finds good cause to waive the
                                                Commerce.                                               such blueline tilefish prior to August 30,            30-day delay in the effectiveness of this
                                                ACTION: Temporary rule; closure.                        2016. During the commercial closure, all              action under 5 U.S.C. 553(d)(3).
                                                                                                        sale or purchase of blueline tilefish is                Authority: 16 U.S.C. 1801 et seq.
mstockstill on DSK3G9T082PROD with RULES




                                                SUMMARY:   NMFS implements                              prohibited. The harvest or possession of
                                                accountability measures (AMs) for                       blueline tilefish in or from the South                  Dated: August 25, 2016.
                                                commercial blueline tilefish in the                     Atlantic EEZ is limited to the bag and                Emily H. Menashes,
                                                exclusive economic zone (EEZ) of the                    possession limits specified in 50 CFR                 Acting Director, Office of Sustainable
                                                South Atlantic. Commercial landings for                 622.187(b)(2) and (c)(1), respectively,               Fisheries, National Marine Fisheries Service.
                                                blueline tilefish are projected to reach                while the recreational sector for blueline            [FR Doc. 2016–20847 Filed 8–25–16; 4:15 pm]
                                                the commercial annual catch limit                       tilefish is open. These bag and                       BILLING CODE 3510–22–P




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Document Created: 2018-02-09 11:42:06
Document Modified: 2018-02-09 11:42:06
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 at 12:01 a.m., local time, August 30, 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 59517 
RIN Number0648-XE83

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