Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component, 74710-74711 [2015-30318]
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Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations
transported in interstate or intrastate
commerce.
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Shipper means a person who tenders
property to a motor carrier or driver of
a commercial motor vehicle for
transportation in interstate commerce,
or who tenders hazardous materials to a
motor carrier or driver of a commercial
motor vehicle for transportation in
interstate or intrastate commerce.
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Transportation intermediary means a
person who arranges the transportation
of property or passengers by commercial
motor vehicle in interstate commerce, or
who arranges the transportation of
hazardous materials by commercial
motor vehicle in interstate or intrastate
commerce, including but not limited to
brokers and freight forwarders.
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8. Add § 390.6 to read as follows:
jstallworth on DSK7TPTVN1PROD with RULES
§ 390.6
Coercion prohibited.
(a) Prohibition. (1) A motor carrier,
shipper, receiver, or transportation
intermediary, including their respective
agents, officers, or representatives, may
not coerce a driver of a commercial
motor vehicle to operate such vehicle in
violation of 49 CFR parts 171–173, 177–
180, 380–383 or 390–399, or §§ 385.415
or 385.421;
(2) A motor carrier or its agents,
officers, or representatives, may not
coerce a driver of a commercial motor
vehicle to operate such vehicle in
violation of 49 CFR parts 356, 360, or
365–379.
(b) Complaint process. (1) A driver
who believes he or she was coerced to
violate a regulation described in
paragraph (a)(1) or (2) of this section
may file a written complaint under
§ 386.12(e) of this subchapter.
(2) A complaint under paragraph
(b)(1) of this section shall describe the
action that the driver claims constitutes
coercion and identify the regulation the
driver was coerced to violate.
(3) A complaint under paragraph
(b)(1) of this section may include any
supporting evidence that will assist the
Division Administrator in determining
the merits of the complaint.
Issued under the authority of delegation in
49 CFR 1.87 on: November 23, 2015.
T.F. Scott Darling, III,
Acting Administrator.
[FR Doc. 2015–30237 Filed 11–27–15; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120404257–3325–02]
RIN 0648–XE215
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2015
Commercial Accountability Measure
and Closure for South Atlantic Golden
Tilefish Hook-and-Line Component
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures for the
commercial hook-and-line component
for golden tilefish in the exclusive
economic zone (EEZ) of the South
Atlantic. NMFS projects commercial
hook-and-line landings for golden
tilefish will reach the hook-and-line
component’s commercial annual catch
limit (ACL) on December 8, 2015.
Therefore, NMFS closes the commercial
hook-and-line component for golden
tilefish in the South Atlantic EEZ on
December 8, 2015, and it will remain
closed until the start of the next fishing
year on January 1, 2016. This closure is
necessary to protect the golden tilefish
resource.
DATES: This rule is effective 12:01 a.m.,
local time, December 8, 2015, until
12:01 a.m., local time, January 1, 2016.
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 golden tilefish and is
managed under the Fishery
Management Plan for the SnapperGrouper 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.
On April 23, 2013, NMFS published
a final rule for Amendment 18B to the
FMP (78 FR 23858). Amendment 18B to
the FMP established a longline
endorsement program for the
commercial golden tilefish component
of the snapper-grouper fishery and
allocated the commercial golden tilefish
SUMMARY:
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ACL among two gear types, the longline
and hook-and-line components.
The commercial ACL (equivalent to
the commercial quota) for the hook-andline component for golden tilefish in the
South Atlantic is 135,324 lb (61,382 kg),
gutted weight, for the current fishing
year, January 1 through December 31,
2015, as specified in 50 CFR
622.190(a)(2)(ii).
Under 50 CFR 622.193(a)(1)(i), NMFS
is required to close the commercial
hook-and-line component for golden
tilefish when the hook-and-line
component’s commercial ACL has been
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
ACL for the hook-and-line component
for golden tilefish in the South Atlantic
will be reached by December 8, 2015.
Accordingly, the commercial hook-andline component for South Atlantic
golden tilefish is closed effective 12:01
a.m., local time, December 8, 2015, until
12:01 a.m., local time, January 1, 2016.
The commercial longline component
for South Atlantic golden tilefish closed
on February 19, 2015, for the remainder
of the fishing year, until 12:01 a.m.,
local time, January 1, 2016 (80 FR 8559,
February 18, 2015). Furthermore,
recreational harvest for golden tilefish
closed on August 11, 2015, for the
remainder of the fishing year, until
12:01 a.m., local time, January 1, 2016
(80 FR 48041, August 11, 2015).
Therefore, because the commercial
longline component and the recreational
sector are already closed, and NMFS is
closing the commercial hook-and-line
component through this temporary rule,
all fishing for South Atlantic golden
tilefish is closed effective 12:01 a.m.,
local time, December 8, 2015, until
12:01 a.m., local time, January 1, 2016.
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper having
golden tilefish on board must have
landed and bartered, traded, or sold
such golden tilefish prior to 12:01 a.m.,
local time, December 8, 2015. During
the closure, the sale or purchase of
golden tilefish taken from the EEZ is
prohibited. The prohibition on sale or
purchase does not apply to the sale or
purchase of golden tilefish that were
harvested by hook-and-line, landed
ashore, and sold prior to 12:01 a.m.,
local time, December 8, 2015, and were
held in cold storage by a dealer or
processor. For a person on board a
vessel for which a Federal commercial
or charter vessel/headboat permit for the
South Atlantic snapper-grouper fishery
has been issued, the sale and purchase
provisions of the commercial closure for
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Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations
golden tilefish would apply regardless
of whether the fish are harvested in state
or Federal waters, as specified in 50
CFR 622.190(c)(1)(ii).
DEPARTMENT OF COMMERCE
Classification
50 CFR Part 622
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of South Atlantic golden
tilefish and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.193(a)(1) 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 action to
close the commercial hook-and-line
component for golden tilefish
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 itself has
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 the capacity of the fishing fleet
allows for rapid harvest of the
commercial ACL for the hook-and-line
component, and there is a need to
immediately implement this action to
protect golden tilefish. Prior notice and
opportunity for public comment would
require time and could potentially result
in a harvest well in excess of the
established commercial ACL for the
hook-and-line component.
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).
[Docket No. 150302204–5999–02]
jstallworth on DSK7TPTVN1PROD with RULES
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–30318 Filed 11–27–15; 8:45 am]
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Jkt 238001
National Oceanic and Atmospheric
Administration
RIN 0648–BE93
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico;
Amendment 15
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 15 to the
Fishery Management Plan for the
Shrimp Fishery of the Gulf of Mexico
(FMP), as prepared and submitted by
the Gulf of Mexico (Gulf) Fishery
Management Council (Council). This
final rule revises the FMP framework
procedures to streamline the process for
changing certain regulations affecting
the shrimp fishery. Additionally,
Amendment 15 implements changes to
the FMP that revise the maximum
sustainable yield (MSY), overfishing
threshold, and overfished threshold
definitions and values for three species
of penaeid shrimp. The purpose of this
rule and Amendment 15 is to streamline
the management process for Gulf shrimp
stocks and to revise criteria for
determining the overfished and
overfishing status of each penaeid
shrimp stock using the best available
science.
DATES: This rule is effective December
30, 2015.
ADDRESSES: Electronic copies of
Amendment 15, which includes an
environmental assessment, a Regulatory
Flexibility Act analysis, and a regulatory
impact review, may be obtained from
the Southeast Regional Office Web site
at https://sero.nmfs.noaa.gov/
sustainable_fisheries/gulf_fisheries/
shrimp/2015/Am%2015/.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, telephone: 727–824–
5305, or email: Susan.Gerhart@
noaa.gov.
SUPPLEMENTARY INFORMATION: The
shrimp fishery in the Gulf is managed
under the FMP. The FMP was prepared
by the Council and implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
SUMMARY:
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74711
On August 12, 2015, NMFS published
a notice of availability for Amendment
15 and requested public comment (80
FR 48285). On August 25, NMFS
published a proposed rule for
Amendment 15 and requested public
comment (80 FR 51523). The proposed
rule and Amendment 15 outline the
rationale for the actions contained in
this final rule. A summary of the actions
implemented by Amendment 15 and
this final rule is provided below.
Management Measure Contained in
This Final Rule
This final rule revises the FMP
framework procedures at 50 CFR
622.60(a) and (b) to allow for
modification of accountability measures
under the standard documentation
process of the open framework
procedure. Also, this final rule removes
outdated terminology from the
regulations, such as ‘‘total allowable
catch,’’ and removes the phrase
‘‘transfer at sea provisions’’ from the list
of framework procedures because this
phrase was inadvertently included in
the final rule for the Generic Annual
Catch Limits and Accountability
Measures Amendment (76 FR 82044,
December 29, 2011). The transfer at sea
text was never intended by the Council
to be included in the list of framework
procedures when they were revised in
2011, but were included as a result of
an error by NMFS during that
rulemaking.
Additional Measures Contained in
Amendment 15
Amendment 15 also contains actions
that are not being codified in the
regulations, but guide the Council and
NMFS in establishing other
management measures, which are
codified. Amendment 15 revises the
MSY, the overfishing threshold, and the
overfished threshold definitions and
values for penaeid shrimp stocks
(brown, white, and pink shrimp).
The criteria and values for MSY, the
overfishing threshold, and the
overfished threshold for penaeid shrimp
were established in Amendment 13 to
the FMP (71 FR 56039, September 26,
2006). Historically, Gulf penaeid shrimp
stocks were assessed with a virtual
population analysis (VPA), which
reported output in terms of number of
parents. However, the 2007 pink shrimp
stock assessment VPA incorrectly
determined that pink shrimp were
undergoing overfishing because the
model could not accommodate low
effort. In 2009, NMFS stock assessment
analysts determined that the stock
synthesis model was the best choice for
modeling Gulf shrimp populations.
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]]>Agencies
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74710-74711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30318]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
RIN 0648-XE215
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2015 Commercial Accountability Measure and Closure for South Atlantic
Golden Tilefish Hook-and-Line Component
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures for the commercial
hook-and-line component for golden tilefish in the exclusive economic
zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and-
line landings for golden tilefish will reach the hook-and-line
component's commercial annual catch limit (ACL) on December 8, 2015.
Therefore, NMFS closes the commercial hook-and-line component for
golden tilefish in the South Atlantic EEZ on December 8, 2015, and it
will remain closed until the start of the next fishing year on January
1, 2016. This closure is necessary to protect the golden tilefish
resource.
DATES: This rule is effective 12:01 a.m., local time, December 8, 2015,
until 12:01 a.m., local time, January 1, 2016.
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 golden tilefish 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.
On April 23, 2013, NMFS published a final rule for Amendment 18B to
the FMP (78 FR 23858). Amendment 18B to the FMP established a longline
endorsement program for the commercial golden tilefish component of the
snapper-grouper fishery and allocated the commercial golden tilefish
ACL among two gear types, the longline and hook-and-line components.
The commercial ACL (equivalent to the commercial quota) for the
hook-and-line component for golden tilefish in the South Atlantic is
135,324 lb (61,382 kg), gutted weight, for the current fishing year,
January 1 through December 31, 2015, as specified in 50 CFR
622.190(a)(2)(ii).
Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the
commercial hook-and-line component for golden tilefish when the hook-
and-line component's commercial ACL has been 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 ACL
for the hook-and-line component for golden tilefish in the South
Atlantic will be reached by December 8, 2015. Accordingly, the
commercial hook-and-line component for South Atlantic golden tilefish
is closed effective 12:01 a.m., local time, December 8, 2015, until
12:01 a.m., local time, January 1, 2016.
The commercial longline component for South Atlantic golden
tilefish closed on February 19, 2015, for the remainder of the fishing
year, until 12:01 a.m., local time, January 1, 2016 (80 FR 8559,
February 18, 2015). Furthermore, recreational harvest for golden
tilefish closed on August 11, 2015, for the remainder of the fishing
year, until 12:01 a.m., local time, January 1, 2016 (80 FR 48041,
August 11, 2015). Therefore, because the commercial longline component
and the recreational sector are already closed, and NMFS is closing the
commercial hook-and-line component through this temporary rule, all
fishing for South Atlantic golden tilefish is closed effective 12:01
a.m., local time, December 8, 2015, until 12:01 a.m., local time,
January 1, 2016.
The operator of a vessel with a valid Federal commercial vessel
permit for South Atlantic snapper-grouper having golden tilefish on
board must have landed and bartered, traded, or sold such golden
tilefish prior to 12:01 a.m., local time, December 8, 2015. During the
closure, the sale or purchase of golden tilefish taken from the EEZ is
prohibited. The prohibition on sale or purchase does not apply to the
sale or purchase of golden tilefish that were harvested by hook-and-
line, landed ashore, and sold prior to 12:01 a.m., local time, December
8, 2015, and were held in cold storage by a dealer or processor. For a
person on board a vessel for which a Federal commercial or charter
vessel/headboat permit for the South Atlantic snapper-grouper fishery
has been issued, the sale and purchase provisions of the commercial
closure for
[[Page 74711]]
golden tilefish would 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, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
South Atlantic golden tilefish and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(a)(1) 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 action to close the commercial hook-
and-line component for golden tilefish 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 itself has 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 the capacity of the fishing fleet allows for rapid
harvest of the commercial ACL for the hook-and-line component, and
there is a need to immediately implement this action to protect golden
tilefish. Prior notice and opportunity for public comment would require
time and could potentially result in a harvest well in excess of the
established commercial ACL for the hook-and-line component.
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 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-30318 Filed 11-27-15; 8:45 am]
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