81 FR 90751 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; July through December Season
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 241 (December 15, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 241 (December 15, 2016)
| Page Range | 90751-90752 | |
| FR Document | 2016-30137 |
[Federal Register Volume 81, Number 241 (Thursday, December 15, 2016)] [Rules and Regulations] [Pages 90751-90752] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30137] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 141107936-5399-02] RIN 0648-XF081 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2016 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; July through December Season AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures for commercial gray triggerfish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial landings for gray triggerfish will reach the commercial annual catch limit (ACL) (commercial quota) for the period July through December by December 16, 2016. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on December 16, 2016. This closure is necessary to protect the gray triggerfish resource. DATES: This rule is effective 12:01 a.m., local time, December 16, 2016, until January 1, 2017. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes gray triggerfish 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 final rule implementing Amendment 29 to the FMP divided the commercial ACL (commercial quota) for gray triggerfish in the South Atlantic into two 6-month commercial fishing seasons and allocated 50 percent of the total commercial quota of 312,324 lb (141,668 kg), round weight, to each fishing season, January 1 through June 30, and July 1 through December 31 (80 FR 30947, June 1, 2015), as specified in 50 CFR 622.190(a)(8). As a result, the commercial quota is divided into two equal seasonal quotas of 156,162 lb (70,834 kg), round weight. The commercial sector for gray triggerfish closed on April 2, 2016, as landing reports indicated the January through June commercial quota would be met by that date. However, as of May 5, 2016, only 83 percent of the commercial quota was caught, and NMFS subsequently reopened the January through June commercial fishing season on June 13, 2016. The 2016 July through December quota includes 16,016 lb (7265 kg), round weight, that was not harvested during the January through June fishing season. As set forth in 50 CFR 622.190(a)(8)(iii), the unused portion of the January through June quota was added to the July through December quota, for a seasonal quota of 172,178 lb (78,099 kg), round weight. [[Page 90752]] Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the commercial sector for gray triggerfish when the commercial quota specified in Sec. 622.190(a)(8)(i) or (ii) is 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 quota for South Atlantic gray triggerfish will be reached by December 16, 2016. Accordingly, the commercial sector for South Atlantic gray triggerfish is closed effective 12:01 a.m., local time, December 16, 2016, until the start of the next commercial fishing season on January 1, 2017. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having gray triggerfish onboard must have landed and bartered, traded, or sold such gray triggerfish prior to 12:01 a.m., local time, December 16, 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 gray triggerfish in or from the South Atlantic EEZ. Also, during the closure, the sale or purchase of gray triggerfish taken from the South Atlantic EEZ is prohibited. The prohibition on the sale or purchase does not apply to gray triggerfish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, December 16, 2016, and were held in cold storage by a dealer or processor. For a person onboard a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the bag and possession limits and sale and purchase prohibitions applicable after the commercial quota closure for gray triggerfish apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.193(q)(1)(i). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of gray triggerfish 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(q)(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 NOAA Assistant Administrator for Fisheries (AA), finds that the need to immediately implement this action to close the commercial sector for gray triggerfish 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 Amendment 29, which established the split commercial seasons with split quota for gray triggerfish, and the accountability measures have 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 of the need to immediately implement this action to protect gray triggerfish since the capacity of the fishing fleet allows for rapid harvest of the commercial quota. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial 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: December 12, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-30137 Filed 12-12-16; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations 90751
be honored, the FOIA Officer must (15) No fees will be assessed if the gray triggerfish in the exclusive
inform the requesting party in writing of FOIA Officer fails to comply with any economic zone (EEZ) of the South
this decision and such letter shall time limit under the FOIA or these Atlantic. NMFS projects commercial
contain a detailed explanation of why regulations, and has not timely notified landings for gray triggerfish will reach
the requested material cannot be made the requester, in writing, that an the commercial annual catch limit
available and explain the requesting unusual circumstance exists. If an (ACL) (commercial quota) for the period
party’s right of appeal. unusual circumstance exists, and July through December by December 16,
(b) Appeal. If the FOIA Officer rules timely, written notice is given to the 2016. Therefore, NMFS is closing the
that such records cannot be made requester, the failure to meet the time commercial sector for gray triggerfish in
available because they are exempt under limit may be excused an additional 10 the South Atlantic EEZ on December 16,
the provisions of 5 U.S.C. 552(b), an working days before fees are 2016. This closure is necessary to
appeal from such ruling may be automatically waived under this protect the gray triggerfish resource.
addressed to the Chairman. The paragraph (g)(15). DATES: This rule is effective 12:01 a.m.,
Chairman’s decision shall be (16) If the FOIA Officer determines local time, December 16, 2016, until
administratively final and shall state the that unusual circumstances apply and January 1, 2017.
specific exemption(s) contained in 5 more than 5,000 pages are necessary to FOR FURTHER INFORMATION CONTACT:
U.S.C. 552(b) relied upon for any denial. respond to a request, fees may be Mary Vara, NMFS Southeast Regional
Such an appeal must be filed within 90 charged if timely, written notice to the Office, telephone: 727–824–5305, email:
days of the date of the FOIA Officer’s requester is provided and discussed mary.vara@noaa.gov.
letter. The Chairman shall act in writing with the requester via mail, Email, or SUPPLEMENTARY INFORMATION: The
on such appeals within 20 days telephone (or if at least three good-faith snapper-grouper fishery of the South
(excepting Saturdays, Sundays, and attempts are made to do so) regarding Atlantic includes gray triggerfish and is
legal public holidays) of receipt of any how the requester could effectively limit managed under the Fishery
appeal. In unusual circumstances, as set the scope of the request. Management Plan for the Snapper-
forth in 5 U.S.C. 552(a)(6)(B), the time (17) If a court has determined that Grouper Fishery of the South Atlantic
limit may be extended, by written notice exceptional circumstances exist, a Region (FMP). The FMP was prepared
to the person making the particular failure to comply with time limits by the South Atlantic Fishery
request, setting forth the reasons for imposed by these regulations or FOIA Management Council and is
such extension, for no more than 10 shall be excused for the length of time implemented by NMFS under the
working days. If the appeal is denied, provided by court order. authority of the Magnuson-Stevens
the Chairman’s order shall notify the (18) Fees may not be avoided by filing Fishery Conservation and Management
requesting party of his or her right to multiple requests at the same time. Act (Magnuson-Stevens Act) by
judicial review. Charges shall be made When the FOIA Officer reasonably regulations at 50 CFR part 622.
as provided for in 49 CFR 1002.1. believes that a requester, alone or with The final rule implementing
(c) Alternative dispute resolution others, is breaking down one request Amendment 29 to the FMP divided the
services. Requesters may seek dispute into a series of requests to avoid fees, commercial ACL (commercial quota) for
resolution services from: the requests will be combined, and the gray triggerfish in the South Atlantic
(1) The Board’s FOIA Public Liaison requester or requesters will be charged into two 6-month commercial fishing
by Email at FOIA.Privacy@stb.gov or by accordingly. seasons and allocated 50 percent of the
mail, telephone, or facsimile as * * * * * total commercial quota of 312,324 lb
provided on the Board’s Web site [FR Doc. 2016–30183 Filed 12–14–16; 8:45 am] (141,668 kg), round weight, to each
located at https://www.stb.gov/stb/ BILLING CODE 4915–01–P fishing season, January 1 through June
foia.html; or 30, and July 1 through December 31 (80
(2) The Office of Government FR 30947, June 1, 2015), as specified in
Information Services (OGIS) by mail to DEPARTMENT OF COMMERCE 50 CFR 622.190(a)(8). As a result, the
Office of Government Information commercial quota is divided into two
Services, National Archives and Records National Oceanic and Atmospheric equal seasonal quotas of 156,162 lb
Administration, 8601 Adelphi Road— Administration (70,834 kg), round weight.
OGIS, College Park, Maryland, 20740– The commercial sector for gray
6001, by facsimile at (202) 741–5769, or 50 CFR Part 622 triggerfish closed on April 2, 2016, as
by Email at ogis@nara.gov. [Docket No. 141107936–5399–02] landing reports indicated the January
through June commercial quota would
PART 1002—FEES RIN 0648–XF081 be met by that date. However, as of May
5, 2016, only 83 percent of the
■ 3. Revise the authority citation for part Fisheries of the Caribbean, Gulf of
commercial quota was caught, and
1002 to read as follows: Mexico, and South Atlantic; 2016
NMFS subsequently reopened the
Authority: 5 U.S.C. 552(a)(4)(A), (a)(6)(B),
Commercial Accountability Measure
January through June commercial
and 553; 31 U.S.C. 9701; and 49 U.S.C. 1321. and Closure for South Atlantic Gray
fishing season on June 13, 2016. The
Section 1002.1(g)(11) is also issued under 5 Triggerfish; July through December
2016 July through December quota
U.S.C. 5514 and 31 U.S.C. 3717. Season
includes 16,016 lb (7265 kg), round
■ 4. Amend § 1002.1 by adding AGENCY: National Marine Fisheries weight, that was not harvested during
the January through June fishing season.
rmajette on DSK2TPTVN1PROD with RULES
paragraphs (g)(15), (16), (17) and (18) to Service (NMFS), National Oceanic and
read as follows: Atmospheric Administration (NOAA), As set forth in 50 CFR 622.190(a)(8)(iii),
Commerce. the unused portion of the January
§ 1002.1 Fees for records search, review, through June quota was added to the
ACTION: Temporary rule; closure.
copying, certification, and related services. July through December quota, for a
* * * * * SUMMARY: NMFS implements seasonal quota of 172,178 lb (78,099 kg),
(g) * * * accountability measures for commercial round weight.
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![90752 Federal Register / Vol. 81, No. 241 / Thursday, December 15, 2016 / Rules and Regulations
Under 50 CFR 622.193(q)(1)(i), NMFS held in cold storage by a dealer or triggerfish constitutes good cause to
is required to close the commercial processor. waive the requirements to provide prior
sector for gray triggerfish when the For a person onboard a vessel for notice and opportunity for public
commercial quota specified in which a Federal commercial or charter comment pursuant to the authority set
§ 622.190(a)(8)(i) or (ii) is reached, or is vessel/headboat permit for the South forth in 5 U.S.C. 553(b)(B), as such
projected to be reached, by filing a Atlantic snapper-grouper fishery has procedures are unnecessary and
notification to that effect with the Office been issued, the bag and possession contrary to the public interest. Such
of the Federal Register. NMFS has limits and sale and purchase procedures are unnecessary because the
determined that the commercial quota prohibitions applicable after the rule implementing Amendment 29,
for South Atlantic gray triggerfish will commercial quota closure for gray which established the split commercial
be reached by December 16, 2016. triggerfish apply regardless of whether seasons with split quota for gray
Accordingly, the commercial sector for the fish are harvested in state or Federal triggerfish, and the accountability
South Atlantic gray triggerfish is closed waters, as specified in 50 CFR measures have already been subject to
effective 12:01 a.m., local time, 622.193(q)(1)(i). notice and comment, and all that
December 16, 2016, until the start of the remains is to notify the public of the
Classification
next commercial fishing season on closure. Such procedures are contrary to
January 1, 2017. The Regional Administrator, the public interest because of the need
Southeast Region, NMFS, has to immediately implement this action to
The operator of a vessel with a valid determined this temporary rule is protect gray triggerfish since the
commercial vessel permit for South necessary for the conservation and capacity of the fishing fleet allows for
Atlantic snapper-grouper having gray management of gray triggerfish and the rapid harvest of the commercial quota.
triggerfish onboard must have landed South Atlantic snapper-grouper fishery Prior notice and opportunity for public
and bartered, traded, or sold such gray and is consistent with the Magnuson- comment would require time and could
triggerfish prior to 12:01 a.m., local Stevens Act and other applicable laws. potentially result in a harvest well in
time, December 16, 2016. During the This action is taken under 50 CFR excess of the established commercial
closure, the bag limit specified in 50 622.193(q)(1)(i) and is exempt from quota.
CFR 622.187(b)(8), and the possession review under Executive Order 12866. For the aforementioned reasons, the
limits specified in 50 CFR 622.187(c), These measures are exempt from the AA also finds good cause to waive the
apply to all harvest or possession of gray procedures of the Regulatory Flexibility 30-day delay in the effectiveness of this
triggerfish in or from the South Atlantic Act because the temporary rule is issued action under 5 U.S.C. 553(d)(3).
EEZ. Also, during the closure, the sale without opportunity for prior notice and Authority: 16 U.S.C. 1801 et seq.
or purchase of gray triggerfish taken comment.
from the South Atlantic EEZ is This action responds to the best Dated: December 12, 2016.
prohibited. The prohibition on the sale scientific information available. The Emily H. Menashes,
or purchase does not apply to gray NOAA Assistant Administrator for Acting Director, Office of Sustainable
triggerfish that were harvested, landed Fisheries (AA), finds that the need to Fisheries, National Marine Fisheries Service.
ashore, and sold prior to 12:01 a.m., immediately implement this action to [FR Doc. 2016–30137 Filed 12–12–16; 4:15 pm]
local time, December 16, 2016, and were close the commercial sector for gray BILLING CODE 3510–22–P
rmajette on DSK2TPTVN1PROD with RULES
VerDate Sep<11>2014 14:00 Dec 14, 2016 Jkt 241001 PO 00000 Frm 00078 Fmt 4700 Sfmt 9990 E:\FR\FM\15DER1.SGM 15DER1](https://thefederalregister.org/doc/81_FR_90992/page/2.svg)
Document Created: 2016-12-15 01:10:23
Document Modified: 2016-12-15 01:10:23
| 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, December 16, 2016, until January 1, 2017. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 90751 | |
| RIN Number | 0648-XF08 |
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