81 FR 9786 - 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 38 (February 26, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 38 (February 26, 2016)
| Page Range | 9786-9787 | |
| FR Document | 2016-04191 |
[Federal Register Volume 81, Number 38 (Friday, February 26, 2016)] [Rules and Regulations] [Pages 9786-9787] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04191] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 130312235-3658-02] RIN 0648-XE455 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, March 2, 2016, until 12:01 a.m., local time, July 1, 2016. FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 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 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 January 1 through June 30, 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)(i)(D)). 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 [[Page 9787]] projected to be reached, by filing a notification to that effect with the Office of the Federal Register, as established by Regulatory Amendment 18 (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 January 1 through June 30, 2016, fishing season for vermilion snapper will be reached by March 2, 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 March 2, 2016. This reduced commercial trip limit will remain in effect until the start of the next fishing season on July 1, 2016, 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 Fisheries, NOAA (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: February 23, 2016. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2016-04191 Filed 2-25-16; 8:45 am] BILLING CODE 3510-22-P
![9786 Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations
(a) The contract has FOB origin number under which the order was DEPARTMENT OF COMMERCE
delivery terms; and placed may be omitted from invoices
(b) The price does not change; and and receiving reports. The contractor National Oceanic and Atmospheric
(iv) Use Z only in position 2, and only may choose to identify both the contract Administration
to identify a modification which number and the 13-character order
definitizes a letter contract or a number on invoices and receiving 50 CFR Part 622
previously issued undefinitized reports. Task and delivery orders [Docket No. 130312235–3658–02]
modification. numbered with a four-position alpha-
(2) Positions 4 through 6. These numeric call or order serial number RIN 0648–XE455
positions are always numeric. Use a shall include both the 13-position basic
separate series of serial numbers for contract Procurement Instrument Fisheries of the Caribbean, Gulf of
each type of modification listed in Identifier and the four-position order Mexico, and South Atlantic; Snapper-
paragraph (b)(2)(ii) of this section. number. Grouper Resources of the South
Atlantic; Trip Limit Reduction
204.1670 Cross reference to Federal PART 243—CONTRACT
Procurement Data System. AGENCY: National Marine Fisheries
MODIFICATIONS Service (NMFS), National Oceanic and
Detailed guidance on mapping PIID Atmospheric Administration (NOAA),
and supplementary PIID numbers stored 243.172 [Amended]
Commerce.
in the Electronic Document Access
■ 5. Amend section 243.172 by ACTION: Temporary rule; trip limit
system to data elements reported in the
Federal Procurement Data System can removing ‘‘204.7007’’ and adding reduction.
be found in PGI 204.1670. ‘‘204.1671’’ in its place.
SUMMARY: NMFS reduces the
■ 6. Amend appendix F to chapter 2, in commercial trip limit for vermilion
204.1671 Order of application for
modifications. section F–301, by revising paragraph snapper in or from the exclusive
(b)(1) to read as follows: economic zone (EEZ) of the South
(a) Circumstances may exist in which
Atlantic to 500 lb (227 kg), gutted
the numeric order of the modifications Appendix F to Chapter 2—Material
weight, 555 lb (252 kg), round weight.
to a contract is not the order in which Inspection and Receiving Report
This trip limit reduction is necessary to
the changes to the contract actually take
* * * * * protect the South Atlantic vermilion
effect. F–301 Preparation instructions.
(b) In order to determine the sequence snapper resource.
of modifications to a contract or order, * * * * * DATES: This rule is effective 12:01 a.m.,
the modifications will be applied in the (b) * * * local time, March 2, 2016, until 12:01
following order— (1) Contract no/delivery order no. a.m., local time, July 1, 2016.
(1) Modifications will be applied in (i) For stand-alone contracts, enter the 13- FOR FURTHER INFORMATION CONTACT: Rick
order of the effective date on the position alpha-numeric basic Procurement DeVictor, NMFS Southeast Regional
Instrument Identifier (PIID) of the contract. Office, telephone: 727–824–5305, email:
modification;
For task and delivery orders numbered in rick.devictor@noaa.gov.
(2) In the event of two or more
accordance with FAR 4.1603 and DFARS
modifications with the same effective SUPPLEMENTARY INFORMATION: The
204.1603, enter the 13-character order
date, modifications will be applied in snapper-grouper fishery in the South
number. The contract or agreement number
signature date order; and under which the order was placed may be
Atlantic includes vermilion snapper and
(3) In the event of two or more omitted from the WAWF RR. Alternatively,
is managed under the Fishery
modifications with the same effective the contractor may choose to enter the Management Plan for the Snapper-
date and the same signature date, contract number on the WAWF RR in Grouper Fishery of the South Atlantic
procuring contracting office addition to the 13-character order number. If Region (FMP). The South Atlantic
modifications will be applied in the order has only a four-position alpha- Fishery Management Council prepared
numeric order, followed by contract numeric call or order serial number, enter the FMP. The FMP is implemented by
administration office modifications in both the 13-position basic contract PIID and NMFS under the authority of the
numeric order. the four-position order number. Magnuson-Stevens Fishery
(ii) Except as indicated in paragraph Conservation and Management Act
Subpart 204.70—[Removed and (b)(1)(iii) of this appendix, do not enter (Magnuson-Stevens Act) by regulations
Reserved] supplementary numbers used in conjunction at 50 CFR part 622.
with basic PIIDs to identify— The commercial ACL (commercial
■ 3. Remove and reserve subpart 204.70, quota) for vermilion snapper in the
(A) Modifications of contracts and
consisting of sections 204.7000 through agreements; South Atlantic is divided into two 6-
204.7007. (B) Modifications to calls or orders; or month time periods, January through
PART 232—CONTRACT FINANCING
(C) Document numbers representing June and July through December. For
contracts written between contractors. the January 1 through June 30, 2016,
■ 4. Add section 232.905 to read as (iii) When shipping instructions are fishing season, the commercial quota is
follows: furnished and shipment is made before 388,703 lb (176,313 kg), gutted weight,
receipt of the confirming contract 431,460 lb (195,707 kg), round weight
232.905 Payment documentation and modification (SF 30, Amendment of (50 CFR 622.190(a)(4)(i)(D)).
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process. Solicitation/Modification of Contract), enter a Under 50 CFR 622.191(a)(6)(ii), NMFS
(b)(1)(iii) For task and delivery orders comment in the Misc. Info Tab to this effect. is required to reduce the commercial
numbered in accordance with FAR This will appear in the Comments section of trip limit for vermilion snapper from
4.1603 and 204.1603, the 13-character the printed WAWF RR. 1,000 lb (454 kg), gutted weight, 1,110
order number may serve as the contract * * * * * lb (503 kg), round weight, when 75
number on invoices and receiving [FR Doc. 2016–04189 Filed 2–25–16; 8:45 am] percent of the fishing season
reports. The contract or agreement BILLING CODE 5001–06–P commercial quota is reached or
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![Federal Register / Vol. 81, No. 38 / Friday, February 26, 2016 / Rules and Regulations 9787
projected to be reached, by filing a protect the vermilion snapper resource, Magnuson-Stevens Fishery
notification to that effect with the Office since the capacity of the fishing fleet Conservation and Management Act.
of the Federal Register, as established by allows for rapid harvest of the Regulations governing fishing by U.S.
Regulatory Amendment 18 (78 FR commercial quota. Prior notice and vessels in accordance with the FMP
47574, August 6, 2013). The reduced opportunity for public comment on this appear at subpart H of 50 CFR part 600
commercial trip limit is 500 lb (227 kg), action would require time and increase and 50 CFR part 679.
gutted weight, 555 lb (252 kg), round the probability that the commercial The Western Aleutian Islands district
weight. Based on current information, sector could exceed its quota. Pacific cod harvest limit of the 2016
NMFS has determined that 75 percent of For the aforementioned reasons, the TAC in the Aleutian Islands subarea of
the available commercial quota for the AA also finds good cause to waive the the BSAI is 3,377 metric tons (mt) as
January 1 through June 30, 2016, fishing 30-day delay in the effectiveness of this established by the final 2015 and 2016
season for vermilion snapper will be action under 5 U.S.C. 553(d)(3). harvest specifications for groundfish in
reached by March 2, 2016. Accordingly, Authority: 16 U.S.C. 1801 et seq. the BSAI (80 FR 11919, March 5, 2015)
NMFS is reducing the commercial trip and inseason adjustment (81 FR 184,
limit for vermilion snapper to 500 lb Dated: February 23, 2016.
January 5, 2016). In accordance with
(227 kg), gutted weight, 555 lb (252 kg), Emily H. Menashes,
§ 679.20(d)(1)(i), the Administrator,
round weight, in or from the South Acting Director, Office of Sustainable Alaska Region, NMFS, has determined
Atlantic EEZ at 12:01 a.m., local time, Fisheries, National Marine Fisheries Service.
that the Area 543 Pacific cod harvest
on March 2, 2016. This reduced [FR Doc. 2016–04191 Filed 2–25–16; 8:45 am] limit of the 2016 Pacific cod TAC in the
commercial trip limit will remain in BILLING CODE 3510–22–P Aleutian Islands subarea of the BSAI
effect until the start of the next fishing will soon be reached. Therefore, the
season on July 1, 2016, or until the Regional Administrator is establishing a
commercial quota is reached and the DEPARTMENT OF COMMERCE directed fishing allowance of 2,377 mt,
commercial sector closes, whichever and is setting aside the remaining 1,000
occurs first. National Oceanic and Atmospheric
Administration mt as incidental catch in directed
Classification fishing for other species. In accordance
50 CFR Part 679 with § 679.20(d)(1)(iii), the Regional
The Regional Administrator,
Administrator finds that this directed
Southeast Region, NMFS, has [Docket No. 141021887–5172–02] fishing allowance has been reached.
determined this temporary rule is
RIN 0648–XE471 Consequently, NMFS is prohibiting
necessary for the conservation and
management of South Atlantic directed fishing for Pacific cod in the
vermilion snapper and is consistent Fisheries of the Exclusive Economic Western Aleutian Islands district of the
with the Magnuson-Stevens Act and Zone Off Alaska; Pacific Cod in the BSAI.
other applicable laws. Western Aleutian Islands District of the After the effective date of this closure
This action is taken under 50 CFR Bering Sea and Aleutian Islands the maximum retainable amounts at
622.191(a)(6)(ii) and is exempt from Management Area § 679.20(e) and (f) apply at any time
review under Executive Order 12866. during a trip.
AGENCY: National Marine Fisheries
These measures are exempt from the Service (NMFS), National Oceanic and Classification
procedures of the Regulatory Flexibility Atmospheric Administration (NOAA),
Act because the temporary rule is issued This action responds to the best
Commerce. available information recently obtained
without opportunity for prior notice and
ACTION: Temporary rule; closure. from the fishery. The Assistant
comment.
This action responds to the best SUMMARY: NMFS is prohibiting directed Administrator for Fisheries, NOAA
scientific information available. The fishing for Pacific cod, including for the (AA), finds good cause to waive the
Assistant Administrator for Fisheries, Community Development Quota requirement to provide prior notice and
NOAA (AA), finds that the need to program (CDQ), in the Western Aleutian opportunity for public comment
immediately implement this Islands district of the Bering Sea and pursuant to the authority set forth at 5
commercial trip limit reduction Aleutian Islands management area U.S.C. 553(b)(B) as such requirement is
constitutes good cause to waive the (BSAI). This action is necessary to impracticable and contrary to the public
requirements to provide prior notice prevent exceeding the Western Aleutian interest. This requirement is
and opportunity for public comment Islands district Pacific cod harvest limit impracticable and contrary to the public
pursuant to the authority set forth in 5 of the 2016 total allowable catch (TAC) interest as it would prevent NMFS from
U.S.C. 553(b)(B), because prior notice in the Aleutian Islands subarea of the responding to the most recent fisheries
and opportunity for public comment on BSAI. data in a timely fashion and would
this temporary rule is unnecessary and delay the directed fishing closure of
contrary to the public interest. Such DATES: Effective 1200 hrs, Alaska local Pacific cod in the Western Aleutian
procedures are unnecessary, because the time (A.l.t.), February 23, 2016, through Islands district of the BSAI. NMFS was
rule establishing the trip limit has 2400 hrs, A.l.t., December 31, 2016. unable to publish a notice providing
already been subject to notice and FOR FURTHER INFORMATION CONTACT: Josh time for public comment because the
comment, and all that remains is to Keaton, 907–586–7228. most recent, relevant data only became
notify the public of the trip limit SUPPLEMENTARY INFORMATION: NMFS available as of February 22, 2016.
mstockstill on DSK4VPTVN1PROD with RULES
reduction. Prior notice and opportunity manages the groundfish fishery in the The AA also finds good cause to
for public comment is contrary to the BSAI according to the Fishery waive the 30-day delay in the effective
public interest, because any delay in Management Plan for Groundfish of the date of this action under 5 U.S.C.
reducing the commercial trip limit Bering Sea and Aleutian Islands 553(d)(3). This finding is based upon
could result in the commercial quota Management Area (FMP) prepared by the reasons provided above for waiver of
being exceeded. There is a need to the North Pacific Fishery Management prior notice and opportunity for public
immediately implement this action to Council under authority of the comment.
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Document Created: 2018-02-02 14:37:04
Document Modified: 2018-02-02 14:37:04
| 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, March 2, 2016, until 12:01 a.m., local time, July 1, 2016. | |
| Contact | Rick DeVictor, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 81 FR 9786 | |
| RIN Number | 0648-XE45 |
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