83 FR 27300 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; January Through June Season
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 113 (June 12, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 113 (June 12, 2018)
| Page Range | 27300-27301 | |
| FR Document | 2018-12590 |
[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)] [Rules and Regulations] [Pages 27300-27301] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-12590] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 141107936-5399-02] RIN 0648-XG286 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; January Through June 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) for the January through June period by June 13, 2018. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on June 13, 2018. This closure is necessary to protect the gray triggerfish resource. [[Page 27301]] DATES: This rule is effective 12:01 a.m., local time, June 13, 2018, until July 1, 2018. 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 commercial ACL (equal to the commercial quota) for gray triggerfish in the South Atlantic is divided into two 6-month fishing seasons and allocates 50 percent, 156,162 lb (70,834 kg), round weight, of the total commercial ACL of 312,324 lb (141,668 kg), round weight, to each fishing season, January through June, and July through December, as specified in 50 CFR 622.190(a)(8)(i) and (ii). Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the commercial sector for gray triggerfish when either 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 for the January through June fishing season will be reached by June 13, 2018. Accordingly, the commercial sector for South Atlantic gray triggerfish is closed effective at 12:01 a.m., local time, June 13, 2018, until the start of the July through December fishing season on July 1, 2018. The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper having gray triggerfish on board must have landed and bartered, traded, or sold such gray triggerfish prior to 12:01 a.m., local time, June 13, 2018. 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, June 13, 2018, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a valid 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 provisions of the commercial closure for gray triggerfish apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification The Regional Administrator, NMFS Southeast Region, 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 Assistant Administrator for NOAA 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 that established the split commercial season for gray triggerfish and the rule that established the closure provisions 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 would 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: June 7, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-12590 Filed 6-8-18; 8:45 am] BILLING CODE 3510-22-P
![27300 Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Rules and Regulations
shareholders based on shareholdings on vessel fishes for or lands reef fish in or more than one superseding notification
the date the withheld IFQ allocation is from state waters adjoining the Gulf is submitted on a trip, the vessel must
distributed. EEZ, who is selected to report by the wait an additional 3 hours to land,
* * * * * SRD must maintain a fishing record on except as provided in paragraph
(6) Returning IFQ shares. Any shares a form available from the SRD. These (a)(2)(iii) of this section.
contained in IFQ accounts that have completed fishing records must be (v) Approved landing locations. Gulf
never been activated since January 1, submitted to the SRD postmarked no reef fish not managed under an IFQ
2010, in the IFQ program are returned later than 7 days after the end of each program, and Florida Keys/East Florida
permanently to NMFS on July 12, 2018. fishing trip. If no fishing occurred hogfish harvested in the Gulf, must be
* * * * * during a calendar month, a report so landed at an approved landing location.
stating must be submitted on one of the Landing locations must be approved by
■ 3. In § 622.22, revise paragraph (a)(4)
forms postmarked no later than 7 days the NOAA Office of Law Enforcement
and add paragraph (a)(9) to read as after the end of that month. Information
follows: prior to a vessel landing these species at
to be reported is indicated on the form these sites. Proposed landing locations
§ 622.22 Individual fishing quota (IFQ) and its accompanying instructions. may be submitted to NMFS; however,
program for Gulf groupers and tilefishes. (2) Advance notice of landing—(i) new landing locations will be approved
(a) * * * General requirement. For the purpose of only at the end of each calendar-year
(4) IFQ allocation. IFQ allocation is this paragraph (a)(2), landing means to quarter. To have a landing location
the amount of Gulf groupers and arrive at a dock, berth, beach, seawall, approved by the end of the calendar-
tilefishes, in pounds gutted weight, an or ramp. The owner or operator of a year quarter, it must be submitted at
IFQ shareholder or allocation holder is vessel landing Gulf reef fish not least 45 days before the end of the
authorized to possess, land, or sell managed under an IFQ program or calendar-year quarter. NMFS will
during a given fishing year. IFQ Florida Keys/East Florida hogfish evaluate the proposed sites based on,
allocation is derived at the beginning of harvested in the Gulf is responsible for but not limited to, the criteria at
each year by multiplying a shareholder’s ensuring that NMFS is contacted at least §§ 622.21(b)(5)(v) and 622.22(b)(5)(v).
IFQ share times the annual commercial 3 hours, but no more than 24 hours, in
advance of landing to report the time, * * * * *
quota for Gulf groupers and tilefishes. If
date, and location of landing, and the [FR Doc. 2018–12548 Filed 6–11–18; 8:45 am]
the quota is increased after the
beginning of the fishing year, then IFQ vessel identification number (e.g., Coast BILLING CODE 3510–22–P
allocation is derived by multiplying a Guard registration number or state
shareholder’s IFQ share at the time of registration number). The vessel must
land at an approved landing location DEPARTMENT OF COMMERCE
the quota increase by the amount the
annual commercial quota for groupers and within 1 hour after the time given
in the landing notification, except as National Oceanic and Atmospheric
and tilefishes is increased. If a reduction Administration
in the applicable commercial quota provided in paragraph (a)(2)(iii) of this
specified in § 622.39(a)(1) is expected to section. A vessel landing Gulf reef fish
managed under an IFQ program must 50 CFR Part 622
occur after January 1, the beginning of
the fishing year, but before June 1 in also comply with the requirements in
§§ 622.21 and 622.22, as applicable. [Docket No. 141107936–5399–02]
that same fishing year, NMFS will
(ii) Submitting an advance landing
withhold distribution of IFQ allocation
notification. Authorized methods for RIN 0648–XG286
of the applicable groupers and tilefishes contacting NMFS and submitting a
commercial quota on January 1 in the completed landing notification include Fisheries of the Caribbean, Gulf of
amount equal to that reduction. If a final the VMS unit, or another contact Mexico, and South Atlantic; 2018
rule to implement the commercial quota method approved by NMFS. Commercial Accountability Measure
reduction is not published in the (iii) Landing prior to the notification and Closure for South Atlantic Gray
Federal Register and effective by June 1, time. The owner or operator of a vessel Triggerfish; January Through June
NMFS will distribute withheld IFQ that has completed a landing Season
allocation of the applicable groupers notification and submitted it to NMFS
and tilefishes commercial quota to may land prior to the notification time, AGENCY: National Marine Fisheries
current shareholders based on the date only if an authorized officer is present Service (NMFS), National Oceanic and
the withheld IFQ allocation is at the landing site, is available to meet Atmospheric Administration (NOAA),
distributed. the vessel, and has authorized the Commerce.
* * * * * owner or operator of the vessel to land ACTION: Temporary rule; closure.
(9) Returning IFQ shares. Any shares prior to the notification time.
contained in IFQ accounts that have (iv) Changes to a landing notification. SUMMARY: NMFS implements
never been activated since January 1, The owner or operator of a vessel who accountability measures for commercial
2010, in the IFQ program are returned has submitted a landing notification to gray triggerfish in the exclusive
permanently to NMFS on July 12, 2018. NMFS may make changes to the economic zone (EEZ) of the South
* * * * * notification by submitting a superseding Atlantic. NMFS projects commercial
■ 4. In § 622.26, revise paragraph (a) to notification. If the initial superseding landings for gray triggerfish will reach
read as follows: notification makes changes to the time the commercial annual catch limit
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of landing that is later than the original (ACL) for the January through June
§ 622.26 Recordkeeping and reporting. time in the notification, the vessel does period by June 13, 2018. Therefore,
(a) Commercial vessel owners and not need to wait an additional 3 hours NMFS is closing the commercial sector
operators. (1) The owner or operator of to land. If the initial superseding for gray triggerfish in the South Atlantic
a vessel for which a commercial permit notification makes changes to the EEZ on June 13, 2018. This closure is
for Gulf reef fish has been issued, as landing location, the time of landing is necessary to protect the gray triggerfish
required under § 622.20(a)(1), or whose earlier than previously specified, or resource.
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![Federal Register / Vol. 83, No. 113 / Tuesday, June 12, 2018 / Rules and Regulations 27301
DATES: This rule is effective 12:01 a.m., through December fishing season on These measures are exempt from the
local time, June 13, 2018, until July 1, July 1, 2018. procedures of the Regulatory Flexibility
2018. The operator of a vessel with a valid Act because the temporary rule is issued
FOR FURTHER INFORMATION CONTACT: Federal commercial vessel permit for without opportunity for prior notice and
Mary Vara, NMFS Southeast Regional South Atlantic snapper-grouper having comment.
Office, telephone: 727–824–5305, email: gray triggerfish on board must have This action responds to the best
mary.vara@noaa.gov. landed and bartered, traded, or sold scientific information available. The
SUPPLEMENTARY INFORMATION: The such gray triggerfish prior to 12:01 a.m., Assistant Administrator for NOAA
snapper-grouper fishery of the South local time, June 13, 2018. During the Fisheries (AA), finds that the need to
Atlantic includes gray triggerfish and is closure, the bag limit specified in 50 immediately implement this action to
managed under the Fishery CFR 622.187(b)(8), and the possession close the commercial sector for gray
Management Plan for the Snapper- limits specified in 50 CFR 622.187(c), triggerfish constitutes good cause to
Grouper Fishery of the South Atlantic apply to all harvest or possession of gray waive the requirements to provide prior
Region (FMP). The FMP was prepared triggerfish in or from the South Atlantic notice and opportunity for public
by the South Atlantic Fishery EEZ. Also, during the closure, the sale comment pursuant to the authority set
Management Council and is or purchase of gray triggerfish taken forth in 5 U.S.C. 553(b)(B), as such
implemented by NMFS under the from the South Atlantic EEZ is procedures are unnecessary and
authority of the Magnuson-Stevens prohibited. The prohibition on the sale contrary to the public interest. Such
Fishery Conservation and Management or purchase does not apply to gray procedures are unnecessary because the
Act (Magnuson-Stevens Act) by triggerfish that were harvested, landed rule that established the split
regulations at 50 CFR part 622. ashore, and sold prior to 12:01 a.m., commercial season for gray triggerfish
The commercial ACL (equal to the local time, June 13, 2018, and were held and the rule that established the closure
commercial quota) for gray triggerfish in in cold storage by a dealer or processor. provisions have already been subject to
the South Atlantic is divided into two notice and comment, and all that
For a person on board a vessel for
6-month fishing seasons and allocates remains is to notify the public of the
which a valid Federal commercial or
50 percent, 156,162 lb (70,834 kg), closure. Such procedures are contrary to
charter vessel/headboat permit for the
round weight, of the total commercial the public interest because of the need
South Atlantic snapper-grouper fishery
ACL of 312,324 lb (141,668 kg), round to immediately implement this action to
has been issued, the bag and possession
weight, to each fishing season, January protect gray triggerfish since the
limits and sale and purchase provisions
through June, and July through capacity of the fishing fleet allows for
of the commercial closure for gray
December, as specified in 50 CFR rapid harvest of the commercial quota.
triggerfish apply regardless of whether
622.190(a)(8)(i) and (ii). Prior notice and opportunity for public
Under 50 CFR 622.193(q)(1)(i), NMFS the fish are harvested in state or Federal
comment would require time and would
is required to close the commercial waters, as specified in 50 CFR
potentially result in a harvest well in
sector for gray triggerfish when either 622.190(c)(1)(ii).
excess of the established commercial
commercial quota specified in Classification quota.
§ 622.190(a)(8)(i) or (ii) is reached, or is For the aforementioned reasons, the
projected to be reached, by filing a The Regional Administrator, NMFS AA also finds good cause to waive the
notification to that effect with the Office Southeast Region, has determined this 30-day delay in the effectiveness of this
of the Federal Register. NMFS has temporary rule is necessary for the action under 5 U.S.C. 553(d)(3).
determined that the commercial quota conservation and management of gray
triggerfish and the South Atlantic Authority: 16 U.S.C. 1801 et seq.
for South Atlantic gray triggerfish for
the January through June fishing season snapper-grouper fishery and is Dated: June 7, 2018.
will be reached by June 13, 2018. consistent with the Magnuson-Stevens Jennifer M. Wallace,
Accordingly, the commercial sector for Act and other applicable laws. Acting Director, Office of Sustainable
South Atlantic gray triggerfish is closed This action is taken under 50 CFR Fisheries, National Marine Fisheries Service.
effective at 12:01 a.m., local time, June 622.193(q)(1)(i) and is exempt from [FR Doc. 2018–12590 Filed 6–8–18; 8:45 am]
13, 2018, until the start of the July review under Executive Order 12866. BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
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Document Created: 2018-06-12 00:47:11
Document Modified: 2018-06-12 00:47:11
| 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, June 13, 2018, until July 1, 2018. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 27300 | |
| RIN Number | 0648-XG28 |
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