81 FR 60285 - Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational Accountability Measure and Closure for the South Atlantic Other Porgies Complex
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 170 (September 1, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 170 (September 1, 2016)
| Page Range | 60285-60286 | |
| FR Document | 2016-21090 |
[Federal Register Volume 81, Number 170 (Thursday, September 1, 2016)] [Rules and Regulations] [Pages 60285-60286] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21090] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120815345-3525-02] RIN 0648-XE831 Snapper-Grouper Fishery of the South Atlantic; 2016 Recreational Accountability Measure and Closure for the South Atlantic Other Porgies Complex AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure (AM) for the other porgies complex recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2016 fishing year through this temporary rule. In the South Atlantic, the other porgies complex includes jolthead porgy, knobbed porgy, whitebone porgy, scup, and saucereye porgy. NMFS has determined that recreational landings of species in the other porgies complex have reached the recreational annual catch limit (ACL). Therefore, NMFS closes the recreational sector for the other porgies complex in the South Atlantic EEZ on September 3, 2016. This recreational closure is necessary to protect the other porgies complex resource. DATES: This rule is effective 12:01 a.m., local time, September 3, 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, or email: [email protected]. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes species in the other porgies complex 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 recreational ACL for the other porgies complex is 106,914 lb (48,495 kg), round weight. In accordance with regulations at 50 CFR 622.193(w)(2)(i), if the recreational ACL is met, or is projected to be met, the NMFS Assistant Administrator (AA) will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year. Recreational landings in 2016 from the Southeast Fisheries Science Center indicate that the recreational ACL has already been harvested. As a result, the recreational sector for the other porgies complex will be closed effective 12:01 a.m., local time, September 3, 2016. During the closure, the bag and possession limits for species in the other porgies complex in or from the South Atlantic EEZ are zero. The recreational sector for the other porgies complex will reopen on January 1, 2017, the beginning of the 2017 recreational fishing year. Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of the South Atlantic other porgies complex and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(w)(2)(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 AA finds that the need to immediately implement this action to close the recreational sector for the other porgies 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 has already 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 there is a need to immediately implement this action to protect the species in the other porgies complex. Prior notice and opportunity for public comment would require time and would potentially allow the recreational sector to further exceed its ACL. [[Page 60286]] 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 29, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-21090 Filed 8-29-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations 60285
December 4, 2015. Under these Dated: August 26, 2016. Act (Magnuson-Stevens Act) by
circumstances, the increased domestic Ellen Partridge, regulations at 50 CFR part 622.
content requirements for FY2018 and Chief Counsel. The recreational ACL for the other
beyond will not apply, regardless of [FR Doc. 2016–21007 Filed 8–31–16; 8:45 am] porgies complex is 106,914 lb (48,495
when the first production vehicle is BILLING CODE 4910–57–P kg), round weight. In accordance with
delivered. However, consistent with regulations at 50 CFR 622.193(w)(2)(i), if
FTA’s policy statement above, parties to the recreational ACL is met, or is
the contracts may exercise options projected to be met, the NMFS Assistant
DEPARTMENT OF COMMERCE
under the contract, but recipients will Administrator (AA) will file a
not be permitted to piggyback on the National Oceanic and Atmospheric notification with the Office of the
contracts. Administration Federal Register to close the recreational
Public interest waiver for contract sector for the remainder of the fishing
solicitations advertised on or after 50 CFR Part 622 year. Recreational landings in 2016 from
December 4, 2015 and entered into the Southeast Fisheries Science Center
within 60 days of publication of this [Docket No. 120815345–3525–02]
indicate that the recreational ACL has
notice. To avoid the disruption of RIN 0648–XE831 already been harvested. As a result, the
ongoing contract solicitations and to recreational sector for the other porgies
facilitate the delivery of transit vehicles Snapper-Grouper Fishery of the South complex will be closed effective 12:01
to the public, FTA is extending the Atlantic; 2016 Recreational a.m., local time, September 3, 2016.
waiver to contract solicitations Accountability Measure and Closure During the closure, the bag and
advertised on or after December 4, 2015, for the South Atlantic Other Porgies possession limits for species in the other
and entered into within 60 days after Complex porgies complex in or from the South
the publication date of this Notice. If a Atlantic EEZ are zero. The recreational
solicitation was advertised (i.e., AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and sector for the other porgies complex will
published or distributed to potential reopen on January 1, 2017, the
bidders in a manner that constitutes Atmospheric Administration (NOAA),
Commerce. beginning of the 2017 recreational
constructive notice) after the enactment fishing year.
date of the FAST Act and the parties are ACTION: Temporary rule; closure.
unable to execute a contract within 60 Classification
days of this Notice, the solicitation must SUMMARY: NMFS implements an
accountability measure (AM) for the The Regional Administrator for the
be amended to reflect the applicable NMFS Southeast Region has determined
domestic content standard that will be other porgies complex recreational
sector in the exclusive economic zone this temporary rule is necessary for the
in effect when the first production
(EEZ) of the South Atlantic for the 2016 conservation and management of the
vehicle is scheduled to be delivered. If
fishing year through this temporary rule. South Atlantic other porgies complex
compliance with this requirement
In the South Atlantic, the other porgies and is consistent with the Magnuson-
would pose an undue hardship, FTA
complex includes jolthead porgy, Stevens Act and other applicable laws.
will evaluate requests for a waiver on a
case-by-case basis. knobbed porgy, whitebone porgy, scup, This action is taken under 50 CFR
Recipients may apply to FTA for and saucereye porgy. NMFS has 622.193(w)(2)(i) and is exempt from
individual public interest waivers for determined that recreational landings of review under Executive Order 12866.
contracts that do not fall within the species in the other porgies complex These measures are exempt from the
scope of a general public interest have reached the recreational annual procedures of the Regulatory Flexibility
waiver. A request for a public interest catch limit (ACL). Therefore, NMFS Act because the temporary rule is issued
waiver should set forth the detailed closes the recreational sector for the without opportunity for prior notice and
justification for the proposed waiver, other porgies complex in the South comment. This action responds to the
including information about the history Atlantic EEZ on September 3, 2016. best scientific information available.
of the procurement and the burden on This recreational closure is necessary to The AA finds that the need to
the recipient and/or the industry in protect the other porgies complex immediately implement this action to
complying with the FAST Act. Public resource. close the recreational sector for the
interest waivers should be narrowly other porgies complex constitutes good
DATES: This rule is effective 12:01 a.m., cause to waive the requirements to
tailored and FTA will not generally look local time, September 3, 2016, until
favorably on waivers that provide for provide prior notice and opportunity for
12:01 a.m., local time, January 1, 2017. public comment pursuant to the
contracts that include the exercise of
FOR FURTHER INFORMATION CONTACT: authority set forth in 5 U.S.C. 553(b)(B),
options for vehicles that will be
delivered beyond FY2020. FTA will act Mary Vara, NMFS Southeast Regional as such procedures are unnecessary and
expeditiously on public interest waiver Office, telephone: 727–824–5305, or contrary to the public interest. Such
requests that provide the information email: mary.vara@noaa.gov. procedures are unnecessary because the
requested. SUPPLEMENTARY INFORMATION: The rule implementing the AM has already
snapper-grouper fishery of the South been subject to notice and comment,
V. Effective Date Atlantic includes species in the other and all that remains is to notify the
Because the statute is self- porgies complex and is managed under public of the closure. Such procedures
asabaliauskas on DSK3SPTVN1PROD with RULES
effectuating, the changes are effective the Fishery Management Plan for the are contrary to the public interest
upon the FAST Act’s enactment. FTA Snapper-Grouper Fishery of the South because there is a need to immediately
will be initiating a subsequent Atlantic Region (FMP). The FMP was implement this action to protect the
rulemaking updating 49 CFR part 661 to prepared by the South Atlantic Fishery species in the other porgies complex.
reflect these changes; however, today’s Management Council and is Prior notice and opportunity for public
Policy Statement and Waiver represents implemented by NMFS under the comment would require time and would
FTA’s implementation of the FAST Act authority of the Magnuson-Stevens potentially allow the recreational sector
provisions during this interim period. Fishery Conservation and Management to further exceed its ACL.
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![60286 Federal Register / Vol. 81, No. 170 / Thursday, September 1, 2016 / Rules and Regulations
For the aforementioned reasons, the FOR FURTHER INFORMATION CONTACT: 1998, ICCAT has adopted
AA also finds good cause to waive the Sarah McLaughlin or Brad McHale, recommendations regarding the NALB
30-day delay in the effectiveness of this 978–281–9260. fishery. A multiyear management
action under 5 U.S.C. 553(d)(3). SUPPLEMENTARY INFORMATION: measure for northern albacore tuna was
Authority: 16 U.S.C. 1801 et seq. Regulations implemented under the first adopted in 2003, setting the Total
authority of the Atlantic Tunas Allowable Catch (TAC) at 34,500 mt.
Dated: August 29, 2016. ICCAT’s Standing Committee on
Convention Act (ATCA; 16 U.S.C. 971 et
Emily H. Menashes, Research and Statistics (SCRS) assessed
seq.) and the Magnuson-Stevens Fishery
Acting Director, Office of Sustainable the northern albacore tuna stock in 2009
Conservation and Management Act
Fisheries, National Marine Fisheries Service. and concluded that the stock continues
(Magnuson-Stevens Act; 16 U.S.C. 1801
[FR Doc. 2016–21090 Filed 8–29–16; 4:15 pm]
et seq.) governing the harvest of NALB to be overfished with overfishing
BILLING CODE 3510–22–P
and BFT by persons and vessels subject occurring, recommending a level of
to U.S. jurisdiction are found at 50 CFR catch of no more than 28,000 mt to meet
part 635. Section 635.27(e) describes the ICCAT management objectives by 2020.
DEPARTMENT OF COMMERCE In response, in 2009, ICCAT established
NALB annual quota recommended by
ICCAT and the annual NALB quota the NALB rebuilding program via
National Oceanic and Atmospheric Recommendation 09–05, effective for
Administration adjustment process. Section 635.27(a)
subdivides the ICCAT-recommended 2010 and 2011, setting a 28,000-mt TAC
U.S. BFT quota among the various and including several provisions to
50 CFR Part 635 limit catches by individual ICCAT
domestic fishing categories, per the
allocations established in the 2006 Contracting Parties (for major and minor
[Docket No. 160706586–6780–01] harvesters) and reduce the amount of
Consolidated Atlantic Highly Migratory
unharvested quota that could be carried
Species Fishery Management Plan (2006
RIN 0648–XE726 forward from one year to the next, from
Consolidated HMS FMP) (71 FR 58058,
50 percent to 25 percent of a Contracting
October 2, 2006), as amended by
Atlantic Highly Migratory Species; Party’s initial catch quota. Subsequent
Amendment 7 to the 2006 Consolidated
Adjustments to 2016 Northern ICCAT NALB Recommendations 11–04
HMS FMP (Amendment 7) (79 FR
Albacore Tuna and Atlantic Bluefin and 13–05 (both entitled ‘‘Supplemental
71510, December 2, 2014), and describes
Tuna Quotas Recommendation by ICCAT Concerning
the annual BFT quota adjustment
the North Atlantic Albacore Rebuilding
AGENCY: National Marine Fisheries process. NMFS is required under ATCA
Program’’) maintained the TAC at
Service (NMFS), National Oceanic and and the Magnuson-Stevens Act to 28,000 mt for 2012 through 2016 and
Atmospheric Administration (NOAA), provide U.S. fishing vessels with a contained specific recommendations
Commerce. reasonable opportunity to harvest the regarding the NALB rebuilding program,
ICCAT-recommended quotas. including allocation of the annual TAC
ACTION: Temporary final rule;
The NALB quota implementation and among the European Union, Chinese
adjustments to 2016 northern albacore
quota adjustment processes, along with Taipei, the United States, and
quota and 2016 Atlantic bluefin tuna
the BFT quota adjustment process, were Venezuela. The U.S. quota for 2012
Reserve category quota.
previously analyzed in Amendment 7, through 2016 has been 527 mt,
SUMMARY: NMFS adjusts the northern which included a Final Environmental annually. These recommendations limit
albacore (NALB) annual baseline quota Impact Statement, Final Regulatory Japanese northern albacore tuna catches
for 2016 with available underharvest of Impact Review, Final Regulatory to 4 percent in weight of its total
the 2015 adjusted U.S. NALB quota. Flexibility Analysis, and Final Social Atlantic bigeye tuna longline catch, and
NMFS also augments the 2016 Atlantic Impact Statement, published in August limits the catches of other ICCAT parties
bluefin tuna (BFT) Reserve category 2014. ICCAT conducted another BFT to 200 mt. Recommendation 13–05 also
quota with available underharvest of the stock assessment update in 2014, and, specifies that quota adjustments for a
2015 adjusted U.S. BFT quota. This after considering the scientific advice in given year’s underharvest or overharvest
action is necessary to implement the stock assessment, adopted a must be made within 2 years from the
binding recommendations of the recommendation regarding western subject year (i.e., adjustments based on
International Commission for the Atlantic bluefin tuna management that 2015 catches would be made during or
Conservation of Atlantic Tunas (ICCAT), increases the U.S. bluefin tuna quota for before 2017). The maximum
as required by the Atlantic Tunas 2015 and 2016 (ICCAT underharvest can be carried forward
Convention Act (ATCA), and to achieve Recommendation 14–05: from one year to the next remains at 25
domestic management objectives under ‘‘Recommendation by ICCAT Amending percent of a Contracting Party’s initial
the Magnuson-Stevens Fishery the Supplemental Recommendation by catch quota.
Conservation and Management Act ICCAT Concerning the Western Atlantic The annual U.S. NALB quota of 527
(Magnuson-Stevens Act). BFT Rebuilding Program’’). NMFS mt is codified at § 635.27(e) and will
published a final rule to implement that remain in effect until changed (for
DATES: Effective September 1, 2016 baseline annual U.S. BFT quota on instance, if a new ICCAT NALB TAC
through December 31, 2016. August 28, 2015 (‘‘BFT Quota Rule,’’ 80 recommendation is adopted). Because
ADDRESSES: Supporting documents such FR 52198), and prepared an ICCAT adopted TACs for 2014, 2015,
asabaliauskas on DSK3SPTVN1PROD with RULES
as the Environmental Assessments and Environmental Assessment, Regulatory and 2016 in Recommendation 13–05,
Fishery Management Plans and their Impact Review, and Final Regulatory NMFS currently anticipates that these
Amendments described below may be Flexibility Analysis for that action. annual base quotas would be in effect
downloaded from the HMS Web site at through 2016, but they will remain in
www.nmfs.noaa.gov/sfa/hms/. These NALB Annual Quota and Adjustment
place unless and until a new NALB TAC
documents also are available upon Process
and catch limits are adopted by ICCAT.
request from Sarah McLaughlin or Brad As described in the final rule Amendment 7 established the process
McHale at the telephone number below. implementing Amendment 7, since by which NMFS adjusts the U.S. annual
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Document Created: 2018-02-09 11:57:26
Document Modified: 2018-02-09 11:57:26
| 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, September 3, 2016, until 12:01 a.m., local time, January 1, 2017. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected] | |
| FR Citation | 81 FR 60285 | |
| RIN Number | 0648-XE83 |
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