82 FR 51777 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 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 82, Issue 215 (November 8, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 215 (November 8, 2017)
| Page Range | 51777-51778 | |
| FR Document | 2017-24311 |
[Federal Register Volume 82, Number 215 (Wednesday, November 8, 2017)] [Rules and Regulations] [Pages 51777-51778] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24311] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 141107936-5399-02] RIN 0648-XF810 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 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 of July through December by October 29, 2017. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on November 8, 2017. This closure is necessary to protect the gray triggerfish resource. DATES: This rule is effective 12:01 a.m., local time, November 8, 2017, until January 1, 2018. 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 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 (80 FR 30947, June 1, 2015) 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 of the January 1 through June 30 and July 1 through December 31 fishing seasons, 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 2017 July through December quota includes 20,278 lb (9,198 kg), round weight, that was not harvested during the 2017 January through June fishing season. In accordance with 50 CFR 622.190(a)(8)(iii), the unused portion of the 2017 January through June quota was added to the 2017 July through December quota, for an adjusted commercial quota of 176,440 lb (80,032 kg), round weight. 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 adjusted commercial quota for South Atlantic gray triggerfish will be reached by October 29, 2017. Accordingly, the commercial sector for South Atlantic gray triggerfish is closed effective 12:01 a.m., local time, November 8, 2017, until the start of the next commercial fishing season on January 1, 2018. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having gray triggerfish onboard must have landed [[Page 51778]] and bartered, traded, or sold such gray triggerfish prior to 12:01 a.m., local time, November 8, 2017. 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, November 8, 2017, 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 and quotas 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: November 3, 2017. Emily Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-24311 Filed 11-3-17; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations 51777
‘‘Labor compliance agreement’’, Labor 52.222–57 through 52.222–61 [Removed DATES: This rule is effective 12:01 a.m.,
laws’’, and ‘‘Labor law decision’’; and Reserved] local time, November 8, 2017, until
■ c. Removing Note to paragraph (a); ■ 20. Remove and reserve sections January 1, 2018.
and 52.222–57 through 52.222–61. FOR FURTHER INFORMATION CONTACT:
■ d. Removing and reserving paragraph ■ 21. Amend section 52.244–6 by— Mary Vara, NMFS Southeast Regional
(s), and removing the Note to paragraph ■ a. Revising the date of the clause; and Office, telephone: 727–824–5305, email:
(s). ■ b. Removing paragraphs (c)(1)(xiv), mary.vara@noaa.gov.
The revision reads as follows: Note to paragraph (c)(1)(xiv), and SUPPLEMENTARY INFORMATION: The
(c)(1)(xv), and redesignating paragraphs snapper-grouper fishery of the South
52.212–3 Offeror Representations and
Certifications— Commercial Items. (c)(1)(xvi) through (xx) as (c)(1)(xiv) Atlantic includes gray triggerfish and is
through (xviii), respectively. managed under the Fishery
* * * * * The revision reads as follows: Management Plan for the Snapper-
Offeror Representations and Grouper Fishery of the South Atlantic
52.244–6 Subcontracts for Commercial
Certifications—Commercial Items (NOV Items. Region (FMP). The FMP was prepared
2017) by the South Atlantic Fishery
* * * * *
* * * * * Management Council and is
■ 18. Amend section 52.212–5 by— Subcontracts for Commercial Items implemented by NMFS under the
■ a. Revising the date of the clause; (NOV 2017) authority of the Magnuson-Stevens
■ b. Removing paragraphs (b)(35), Note * * * * * Fishery Conservation and Management
to paragraph (b)(35), and (b)(36), and [FR Doc. 2017–23590 Filed: 11/3/2017 8:45 Act (Magnuson-Stevens Act) by
redesignating paragraphs (b)(37) through am; Publication Date: 11/6/2017] regulations at 50 CFR part 622.
(61) as (b)(35) through (59), respectively; Editorial Note: Rule document 2017–23590
The final rule implementing
■ c. Removing paragraphs (e)(1)(xvii), originally published on pages 51527 through Amendment 29 to the FMP (80 FR
Note to paragraph (e)(1)(xvii), and 51531 in the issue of Monday, November 6, 30947, June 1, 2015) divided the
(e)(1)(xviii), and redesignating 2017, with an extraneous Web address commercial ACL (commercial quota) for
paragraphs (e)(1)(xix) through (xxii) as inadvertently inserted. The corrected gray triggerfish in the South Atlantic
(e)(1)(xvii) through (xxi), respectively; document is published here in its entirety. into two 6-month commercial fishing
and [FR Doc. R1–2017–23590 Filed 11–7–17; 8:45 am] seasons and allocated 50 percent of the
■ d. Amending Alternate II by— total commercial quota of 312,324 lb
BILLING CODE 1301–00–D
■ i. Revising the date of the Alternate; (141,668 kg), round weight, to each of
and the January 1 through June 30 and July
■ ii. Removing paragraphs (e)(1)(ii)(P), 1 through December 31 fishing seasons,
Note to paragraph (e)(1)(ii)(P), and DEPARTMENT OF COMMERCE as specified in 50 CFR 622.190(a)(8). As
(e)(1)(ii)(Q) of Alternate II, and a result, the commercial quota is
redesignating paragraphs (e)(1)(ii)(R) National Oceanic and Atmospheric
Administration divided into two equal seasonal quotas
through (U) as (e)(1)(ii)(P) through (S), of 156,162 lb (70,834 kg), round weight.
respectively. The 2017 July through December
The revisions read as follows: 50 CFR Part 622
quota includes 20,278 lb (9,198 kg),
52.212–5 Contract Terms and Conditions [Docket No. 141107936–5399–02] round weight, that was not harvested
Required to Implement Statutes or during the 2017 January through June
RIN 0648–XF810 fishing season. In accordance with 50
Executive Orders—Commercial Items.
* * * * * Fisheries of the Caribbean, Gulf of CFR 622.190(a)(8)(iii), the unused
Mexico, and South Atlantic; 2017 portion of the 2017 January through
Contract Terms and Conditions June quota was added to the 2017 July
Commercial Accountability Measure
Required to Implement Statutes or through December quota, for an adjusted
and Closure for South Atlantic Gray
Executive Orders—Commercial Items commercial quota of 176,440 lb (80,032
Triggerfish; July Through December
(NOV 2017) kg), round weight.
Season
* * * * * Under 50 CFR 622.193(q)(1)(i), NMFS
Alternate II (NOV 2017). * * * AGENCY: National Marine Fisheries is required to close the commercial
Service (NMFS), National Oceanic and sector for gray triggerfish when the
* * * * *
■ 19. Amend section 52.213–4 by
Atmospheric Administration (NOAA), commercial quota specified in
revising the date of the clause and Commerce. § 622.190(a)(8)(i) or (ii) is reached, or is
paragraph (a)(2)(viii) to read as follows: ACTION: Temporary rule; closure. projected to be reached, by filing a
notification to that effect with the Office
52.213–4 Terms and Conditions— SUMMARY: NMFS implements of the Federal Register. NMFS has
Simplified Acquisitions (Other Than accountability measures for commercial determined that the adjusted
Commercial Items). gray triggerfish in the exclusive commercial quota for South Atlantic
* * * * * economic zone (EEZ) of the South gray triggerfish will be reached by
Atlantic. NMFS projects commercial October 29, 2017. Accordingly, the
Terms and Conditions—Simplified landings for gray triggerfish will reach commercial sector for South Atlantic
Acquisitions (Other Than Commercial the commercial annual catch limit gray triggerfish is closed effective 12:01
Items) (NOV 2017) (ACL) (commercial quota) for the period
ethrower on DSK3G9T082PROD with RULES
a.m., local time, November 8, 2017,
* * * * * of July through December by October 29, until the start of the next commercial
(a) * * * 2017. Therefore, NMFS is closing the fishing season on January 1, 2018.
(2) * * * commercial sector for gray triggerfish in The operator of a vessel with a valid
(viii) 52.244–6, Subcontracts for the South Atlantic EEZ on November 8, commercial vessel permit for South
Commercial Items (NOV 2017) 2017. This closure is necessary to Atlantic snapper-grouper having gray
* * * * * protect the gray triggerfish resource. triggerfish onboard must have landed
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![51778 Federal Register / Vol. 82, No. 215 / Wednesday, November 8, 2017 / Rules and Regulations
and bartered, traded, or sold such gray procedures are contrary to the public process to set the annual commercial
triggerfish prior to 12:01 a.m., local interest because of the need to quota and the percent allocated to each
time, November 8, 2017. During the immediately implement this action to state is described in § 648.102, and the
closure, the bag limit specified in 50 protect gray triggerfish since the initial 2017 allocations were published
CFR 622.187(b)(8), and the possession capacity of the fishing fleet allows for on December 22, 2016 (81 FR 93842).
limits specified in 50 CFR 622.187(c), rapid harvest of the commercial quota. The final rule implementing
apply to all harvest or possession of gray Prior notice and opportunity for public Amendment 5 to the Summer Flounder
triggerfish in or from the South Atlantic comment would require time and could Fishery Management Plan, as published
EEZ. Also, during the closure, the sale potentially result in a harvest well in in the Federal Register on December 17,
or purchase of gray triggerfish taken excess of the established commercial 1993 (58 FR 65936), provided a
from the South Atlantic EEZ is quota. mechanism for transferring summer
prohibited. The prohibition on the sale For the aforementioned reasons, the flounder commercial quota from one
or purchase does not apply to gray AA also finds good cause to waive the state to another. Two or more states,
triggerfish that were harvested, landed 30-day delay in the effectiveness of this under mutual agreement and with the
ashore, and sold prior to 12:01 a.m., action under 5 U.S.C. 553(d)(3). concurrence of the NMFS Greater
local time, November 8, 2017, and were Authority: 16 U.S.C. 1801 et seq. Atlantic Regional Administrator, can
held in cold storage by a dealer or transfer or combine summer flounder
processor. Dated: November 3, 2017.
commercial quota under § 648.102(c)(2).
For a person onboard a vessel for Emily Menashes, The Regional Administrator is required
which a Federal commercial or charter Acting Director, Office of Sustainable to consider the criteria in
vessel/headboat permit for the South Fisheries, National Marine Fisheries Service. § 648.102(c)(2)(i)(A) through (C) in the
Atlantic snapper-grouper fishery has [FR Doc. 2017–24311 Filed 11–3–17; 4:15 pm] evaluation of requests for quota transfers
been issued, the bag and possession BILLING CODE 3510–22–P or combinations.
limits and sale and purchase Maine is transferring 2,500 lb (1,134
prohibitions applicable after the kg) of summer flounder commercial
commercial quota closure for gray DEPARTMENT OF COMMERCE quota to Connecticut. This transfer was
triggerfish apply regardless of whether requested by state officials in
the fish are harvested in state or Federal National Oceanic and Atmospheric
Connecticut to ensure their commercial
waters, as specified in 50 CFR Administration
summer flounder quota is not exceeded.
622.193(q)(1)(i). The revised summer flounder quotas for
50 CFR Part 648
Classification calendar year 2017 are now: Maine, 192
The Regional Administrator,
[Docket No. 161017970–6999–02] lb (87 kg); and Connecticut, 130,234 lb
Southeast Region, NMFS, has RIN 0648–XF806 (59,073 kg); based on the initial quotas
determined this temporary rule is published in the 2017 Summer
necessary for the conservation and Fisheries of the Northeastern United Flounder, Scup, and Black Sea Bass
management of gray triggerfish and the States; Summer Flounder Fishery; Specifications and subsequent transfers.
South Atlantic snapper-grouper fishery Quota Transfer Classification
and is consistent with the Magnuson- AGENCY: National Marine Fisheries This action is taken under 50 CFR
Stevens Act and other applicable laws. Service (NMFS), National Oceanic and part 648 and is exempt from review
This action is taken under 50 CFR Atmospheric Administration (NOAA), under Executive Order 12866.
622.193(q)(1)(i) and is exempt from Commerce.
review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq.
These measures are exempt from the ACTION: Temporary rule; quota transfer.
Dated: November 3, 2017.
procedures of the Regulatory Flexibility SUMMARY: NMFS announces that the Emily H. Menashes,
Act because the temporary rule is issued State of Maine is transferring a portion Acting Director, Office of Sustainable
without opportunity for prior notice and of its 2017 commercial summer flounder Fisheries, National Marine Fisheries Service.
comment. quota to the State of Connecticut. This [FR Doc. 2017–24321 Filed 11–7–17; 8:45 am]
This action responds to the best
quota adjustment is necessary to comply BILLING CODE 3510–22–P
scientific information available. The
with the Summer Flounder, Scup, and
NOAA Assistant Administrator for
Black Sea Bass Fishery Management
Fisheries (AA), finds that the need to DEPARTMENT OF COMMERCE
Plan quota transfer provisions. This
immediately implement this action to
announcement informs the public of the
close the commercial sector for gray National Oceanic and Atmospheric
revised commercial quotas for Maine
triggerfish constitutes good cause to Administration
and Connecticut.
waive the requirements to provide prior
notice and opportunity for public DATES: Effective November 7, 2017,
through December 31, 2017. 50 CFR Part 648
comment pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such FOR FURTHER INFORMATION CONTACT: [Docket No. 170919911–7911–01]
procedures are unnecessary and Cynthia Hanson, Fishery Management
contrary to the public interest. Such Specialist, (978) 281–9180. RIN 0648–XF710
procedures are unnecessary because the SUPPLEMENTARY INFORMATION:
Revisions to Framework Adjustment
rule implementing Amendment 29,
ethrower on DSK3G9T082PROD with RULES
Regulations governing the summer 56 to the Northeast Multispecies
which established the split commercial flounder fishery are found in 50 CFR Fishery Management Plan
seasons and quotas for gray triggerfish, 648.100 through 648.110. These
and the accountability measures have regulations require annual specification AGENCY: National Marine Fisheries
already been subject to notice and of a commercial quota that is Service (NMFS), National Oceanic and
comment, and all that remains is to apportioned among the coastal states Atmospheric Administration (NOAA),
notify the public of the closure. Such from Maine through North Carolina. The Commerce.
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Document Created: 2017-11-08 01:21:00
Document Modified: 2017-11-08 01:21:00
| 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, November 8, 2017, until January 1, 2018. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 82 FR 51777 | |
| RIN Number | 0648-XF81 |
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