81 FR 6222 - Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 35
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 24 (February 5, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 24 (February 5, 2016)
| Page Range | 6222-6224 | |
| FR Document | 2016-02271 |
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)] [Proposed Rules] [Pages 6222-6224] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02271] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648-BE70 Fisheries of the Caribbean, Gulf of Mexico and South Atlantic; Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 35 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of availability; request for comments. ----------------------------------------------------------------------- SUMMARY: The South Atlantic Fishery Management Council (Council) has submitted Amendment 35 to the Fishery Management Plan for the Snapper- Grouper Fishery of the South Atlantic Region (FMP) for review, approval, and implementation by NMFS. Amendment 35 would remove black snapper, mahogany snapper, dog snapper, and schoolmaster from the FMP; and clarify the Council's intent regarding the golden tilefish longline endorsement program. DATES: Written comments must be received on or before April 5, 2016. ADDRESSES: You may submit comments on Amendment 35 identified by ``NOAA-NMFS-2015-0076'' by any of the following methods:Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal: http://www.regulations.gov. Go to www.regulations.gov/#!docketDetail;D=NOAA- NMFS-2015-0076, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to Nikhil Mehta, Southeast Regional [[Page 6223]] Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Electronic copies of Amendment 35 may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 35 includes a draft environmental assessment, a Regulatory Flexibility Act analysis, a Regulatory Impact Review, and a Fishery Impact Statement. FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305; email: [email protected]. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) requires each regional fishery management council to submit any FMP or amendment to NMFS for review and approval, partial approval, or disapproval. The Magnuson- Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish an announcement in the Federal Register notifying the public that the plan or amendment is available for review and comment. The FMP being revised by Amendment 35 was prepared by the Council and implemented through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Act. Actions Contained in Amendment 35 Amendment 35 includes actions to remove black snapper, mahogany snapper, dog snapper, and schoolmaster from the FMP, and to clarify the Council's intent regarding the golden tilefish longline endorsement program. Remove Four Species From the FMP Black snapper, mahogany snapper, dog snapper, and schoolmaster are currently in the FMP, but have extremely low landings in state and Federal waters, and almost all harvest (recreational and commercial) occurs in waters off South Florida. Currently, NMFS does not manage these species in Federal waters of the Gulf of Mexico (Gulf); however, these species are subject to regulations in Florida state waters. As described in Amendment 35, there are currently different regulations for recreational bag limits, size limits, and catch levels for these species between the Gulf, South Atlantic, and Florida. Inconsistent regulations make enforcement difficult and may be confusing to the public. Amendment 35 would remove black snapper, mahogany snapper, dog snapper, and schoolmaster from NMFS management in Federal waters of the South Atlantic to ensure that only species requiring Federal management are included in the FMP and to provide consistent regulations for these species across state and Federal jurisdictional boundaries. Black snapper is part of the deep-water complex within the FMP. The deep-water complex currently includes black snapper, yellowedge grouper, silk snapper, misty grouper, queen snapper, sand tilefish, and blackfin snapper. If black snapper is removed from the FMP, the annual catch limit (ACL) for the deep-water complex would be reduced from 170,279 lb (77,237 kg), round weight, to 169,896 lb (77,063 kg), round weight, a difference of 382 lb (173 kg), round weight. Dog snapper and mahogany snapper are part of the other snappers complex within the FMP. The other snappers complex currently includes cubera snapper, gray snapper, lane snapper, dog snapper, and mahogany snapper. If dog snapper and mahogany snapper are removed from the FMP, the other snappers complex ACL would be reduced from 1,517,716 lb (688,424 kg), round weight, to 1,513,883 lb (686,688 kg), round weight, a difference of 3,833 lb (1,739 kg), round weight. Dog snapper, mahogany snapper, and black snapper are not typically targeted by commercial or recreational fishermen; therefore, bycatch associated with harvest of these species is extremely low. Schoolmaster is currently designated as an ecosystem component (EC) species. The Council is not considering retaining dog snapper, mahogany snapper, and black snapper in the FMP as Ecosystem Component (EC) species, because the objective of the amendment is to establish a consistent regulatory environment across the jurisdictional boundaries of Gulf and South Atlantic Federal waters and Florida state waters. NMFS does not manage these species in Gulf Federal waters; therefore, retaining them as EC species would not create consistent regulations across jurisdictional boundaries. Additionally, if these species are designated as EC species, the state of Florida would not be able to extend management authority for them into Federal waters. A stock assessment has not been performed for any of these species; however, there is no indication these stocks are depleted. Therefore, removing these stocks from the FMP is not expected to result in any adverse biological effects. Clarify Regulations for Golden Tilefish Endorsement Holders The final rule for Amendment 18B to the FMP (78 FR 23858, April 23, 2013) established a longline endorsement program for the commercial golden tilefish component of the snapper-grouper fishery. An endorsement is required to fish for golden tilefish with longline gear. Amendment 18B also established a golden tilefish hook-and-line quota and modified the golden tilefish commercial trip limits. The golden tilefish longline endorsement, sector quotas, and trip limits were implemented because the commercial ACL was being harvested rapidly with longline gear, and fishermen who had historically used hook-and-line gear to target golden tilefish were not able to participate in the golden tilefish portion of the snapper-grouper fishery. Establishing gear specific commercial quotas was intended to help ensure that fishermen fishing with each gear type have a fair and equitable allocation of the commercial quota. At the time the golden tilefish longline endorsement and gear- specific quotas were established, the Council did not intend for longline endorsement holders to fish on the 500-lb (227-kg) gutted weight hook-and-line quota, or for non-endorsement holders to fish on the longline quota. NMFS and the Council are aware that, since Amendment 18B was implemented, some longline endorsement holders are transferring their golden tilefish longline endorsement to another vessel to then fish for golden tilefish using hook-and-line gear. Other longline endorsement holders are renewing their Federal commercial snapper-grouper vessel permit but waiting to renew their golden tilefish longline endorsement so that they are able to fish for golden tilefish using hook-and-line gear while their longline endorsement is not valid. Neither scenario is consistent with the intent of the Council in Amendment 18B. Therefore, the Council determined that they should clarify their intent and request NMFS modify the regulations for golden tilefish endorsement holders. Currently, the regulations state, ``vessels with a golden tilefish longline endorsement are not eligible to fish for golden tilefish using hook-and-line gear [[Page 6224]] under this 500-lb (227-kg), gutted weight, trip limit.'' (50 CFR 622.191(a)(2)(ii)). Amendment 35 and implementing regulations would clarify that ``vessels that have valid or renewable golden tilefish longline endorsements anytime during the fishing year, are not eligible to fish for golden tilefish using hook-and-line gear under this 500-lb (227-kg) trip limit.'' Thus, a fisherman who owns a vessel with a valid or renewable golden tilefish longline endorsement would not be eligible to fish for golden tilefish using hook-and-line gear under the 500-lb (227-kg), gutted weight, hook-and-line trip limit, during that fishing year. A proposed rule that would implement measures outlined in Amendment 35 has been drafted. In accordance with the Magnuson-Stevens Act, NMFS is evaluating the proposed rule to determine whether it is consistent with the FMP, the Magnuson-Stevens Act, and other applicable law. If that determination is affirmative, NMFS will publish the proposed rule in the Federal Register for public review and comment. Consideration of Public Comments The Council has submitted Amendment 35 for Secretarial review, approval, and implementation. Comments received by April 5, 2016, whether specifically directed to the amendment or the proposed rule, will be considered by NMFS in its decision to approve, disapprove, or partially approve the amendment. Comments received after that date will not be considered by NMFS in this decision. All comments received by NMFS on the amendment or the proposed rule during their respective comment periods will be addressed in the final rule. Authority: 16 U.S.C. 1801 et seq. Dated: February 2, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-02271 Filed 2-4-16; 8:45 am] BILLING CODE 3510-22-P
![6222 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules
and Bluefin). The harmonized tariff information or records supporting entry retained in violation of the Magnuson-
schedule numbers applicable to these may be selected for audit, on a pre- or Stevens Act or any other statute
species or species groups are listed in post- release basis, in order to verify the administered by NOAA or any
the documents referenced in paragraph information submitted at entry. regulation or permit issued there under,
(c) of this section. Data required to be (e) In addition to the entry or import, export, transport, sell,
reported and retained under this recordkeeping requirements specified at receive, acquire, or purchase in
program is not required for HTS codes 19 CFR part 16, the importer of record interstate or foreign commerce any fish
applicable to fish oil, slurry, sauces, is required to maintain records taken, possessed, transported, or sold in
sticks, balls, cakes, pudding and other containing information on the chain of violation of any foreign law or
similar highly processed fish products custody of the fish or fish products regulation, or any treaty or in
for which the species of fish comprising sufficient to trace the fish or fish contravention of binding conservation
the product or the harvesting event(s) or product from point of entry into U.S. measure adopted by an international
aquaculture operation(s) of the commerce to the point of harvest, agreement or organization to which the
shipment of the product cannot including information that identifies United States is a party.
currently be feasibly identified. each custodian of the fish or fish * * * * *
(b) In addition to data reporting product (such as any transshipper, [FR Doc. 2016–02216 Filed 2–4–16; 8:45 am]
requirements applicable pursuant to processor, storage facility or distributor). BILLING CODE 3510–22–P
other authorities and requirements set Such records may include widely used
out elsewhere in U.S. law and commercial documents such as
regulation (e.g., under other NMFS declarations by the harvesting/carrier DEPARTMENT OF COMMERCE
programs or CBP requirements) to the vessels or bills of lading. Regardless of
particular commodity offered for entry, whether data is reported at entry or National Oceanic and Atmospheric
the importer of record is required to maintained by the importer, the Administration
provide the following data set in ACE at importer must retain records in
the time of entry for each entry electronic or paper format under the 50 CFR Part 622
containing the species or species groups recordkeeping requirements specified in RIN 0648–BE70
listed under paragraph (a) of this § 300.323.
section: ■ 5. Revise redesignated § 300.325, Fisheries of the Caribbean, Gulf of
(1) Information on the entity(ies) proposed to be added December 29, Mexico and South Atlantic; Snapper-
harvesting or producing the fish: Name 2015, (80 FR 81251), as § 300.324, to Grouper Fishery off the Southern
and flag state of harvesting vessel(s) and read as follows: Atlantic States; Amendment 35
evidence of authorization; Unique
vessel identifier(s) (if available); Type(s) § 300.325 Prohibitions. AGENCY: National Marine Fisheries
of fishing gear; Name(s) of farm or In addition to the prohibitions Service (NMFS), National Oceanic and
aquaculture facility. specified in § 300.4, § 300.117, Atmospheric Administration (NOAA),
(2) Information on the fish that was § 300.189, § 600.725 and § 635.71 of this Commerce.
harvested and processed: Species of fish title, it is unlawful for any person ACTION: Notice of availability; request
(scientific name, acceptable market subject to the jurisdiction of the United for comments.
name, and ASFIS number); Product States to: SUMMARY: The South Atlantic Fishery
description(s); Name of product(s); (a) violate any provision of this Management Council (Council) has
Quantity and/or weight of the subpart, or any permit issued under this submitted Amendment 35 to the Fishery
product(s). subpart. Management Plan for the Snapper-
(3) Information on where and when (b) Import species listed in Grouper Fishery of the South Atlantic
the fish were harvested and landed: § 300.324(a) without a valid IFTP or Region (FMP) for review, approval, and
Area(s) of wild-capture or aquaculture without submitting complete and implementation by NMFS. Amendment
location; Date(s) of harvest or trip(s); accurate information as required under 35 would remove black snapper,
Location of aquaculture facility; Point(s) § 300.324(b)–(c). mahogany snapper, dog snapper, and
of first landing; Date(s) of first landing;
50 CFR CHAPTER VI—FISHERY schoolmaster from the FMP; and clarify
Name of entity(ies) (processor, dealer, CONSERVATION AND MANAGEMENT, the Council’s intent regarding the
vessel) to which fish was landed. Some NATIONAL OCEANIC AND ATMOSPHERIC golden tilefish longline endorsement
entries may comprise products from ADMINISTRATION, DEPARTMENT OF program.
more than one harvest event and each COMMERCE
event relevant to the shipment must be DATES: Written comments must be
documented. PART 600—MAGNUSON-STEVENS received on or before April 5, 2016.
(4) The NMFS-issued IFTP number for ACT PROVISIONS ADDRESSES: You may submit comments
the importer of record. on Amendment 35 identified by
(c) The importer of record, either ■ 6. The authority citation for part 600
‘‘NOAA–NMFS–2015–0076’’ by any of
directly or through an entry filer, is continues to read as follows:
the following methods:
required to submit the data under Authority: 5 U.S.C. 561 and 16 U.S.C. • Electronic Submissions: Submit all
paragraph (b) of this section through 1801 et seq. electronic public comments via the
ACE as a message set and/or image files Federal e-Rulemaking Portal: http://
mstockstill on DSK4VPTVN1PROD with PROPOSALS
■ 7. In § 600.725, revise paragraph (a) to
in conformance with the procedures and read as follows: www.regulations.gov. Go to
formats prescribed by NMFS and www.regulations.gov/#!docketDetail;D=
Customs and Border Protection and § 600.725 General prohibitions. NOAA-NMFS-2015-0076, click the
made available at: http://www.cbp.gov/ * * * * * ‘‘Comment Now!’’ icon, complete the
trade/ace/catair. (a) Possess, have custody or control required fields, and enter or attach your
(d) Import shipments of fish or fish of, ship, transport, offer for sale, sell, comments.
products subject to this program may be purchase, land, import, export or re- • Mail: Submit written comments to
selected for inspection and/or the export, any fish or parts thereof taken or Nikhil Mehta, Southeast Regional
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![6224 Federal Register / Vol. 81, No. 24 / Friday, February 5, 2016 / Proposed Rules
under this 500-lb (227-kg), gutted A proposed rule that would amendment or the proposed rule, will
weight, trip limit.’’ (50 CFR implement measures outlined in be considered by NMFS in its decision
622.191(a)(2)(ii)). Amendment 35 and Amendment 35 has been drafted. In to approve, disapprove, or partially
implementing regulations would clarify accordance with the Magnuson-Stevens approve the amendment. Comments
that ‘‘vessels that have valid or Act, NMFS is evaluating the proposed received after that date will not be
renewable golden tilefish longline rule to determine whether it is considered by NMFS in this decision.
endorsements anytime during the consistent with the FMP, the Magnuson- All comments received by NMFS on the
fishing year, are not eligible to fish for Stevens Act, and other applicable law. amendment or the proposed rule during
golden tilefish using hook-and-line gear If that determination is affirmative, their respective comment periods will
under this 500-lb (227-kg) trip limit.’’ NMFS will publish the proposed rule in
be addressed in the final rule.
the Federal Register for public review
Thus, a fisherman who owns a vessel Authority: 16 U.S.C. 1801 et seq.
and comment.
with a valid or renewable golden tilefish
longline endorsement would not be Consideration of Public Comments Dated: February 2, 2016.
eligible to fish for golden tilefish using Emily H. Menashes,
The Council has submitted
hook-and-line gear under the 500-lb Amendment 35 for Secretarial review, Acting Director, Office of Sustainable
(227-kg), gutted weight, hook-and-line approval, and implementation. Fisheries, National Marine Fisheries Service.
trip limit, during that fishing year. Comments received by April 5, 2016, [FR Doc. 2016–02271 Filed 2–4–16; 8:45 am]
whether specifically directed to the BILLING CODE 3510–22–P
mstockstill on DSK4VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 15:58 Feb 04, 2016 Jkt 238001 PO 00000 Frm 00040 Fmt 4702 Sfmt 9990 E:\FR\FM\05FEP1.SGM 05FEP1](https://thefederalregister.org/doc/81_FR_6246/page/3.svg)
Document Created: 2016-02-05 00:17:07
Document Modified: 2016-02-05 00:17:07
| 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 | Proposed Rules | |
| Action | Notice of availability; request for comments. | |
| Dates | Written comments must be received on or before April 5, 2016. | |
| Contact | Nikhil Mehta, telephone: 727-824-5305; email: [email protected] | |
| FR Citation | 81 FR 6222 | |
| RIN Number | 0648-BE70 |
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