Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for South Atlantic Gray Triggerfish; January Through June Season, 15986-15987 [2019-07693]
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
this subpart or result in no more than a
minor change in the total estimated
number of takes (or distribution by
species or years), NMFS may publish a
notice of proposed LOA in the Federal
Register, including the associated
analysis of the change, and solicit
public comment before issuing the LOA.
(c) An LOA issued under §§ 216.106
of this chapter and 218.26 for the
activity identified in § 218.20(a) may be
modified by NMFS under the following
circumstances:
(1) Adaptive management. NMFS may
modify (including augment) the existing
mitigation, monitoring, or reporting
measures (after consulting with the
Navy regarding the practicability of the
modifications) if doing so creates a
reasonable likelihood of more
effectively accomplishing the goals of
the mitigation and monitoring set forth
in the regulations in this subpart.
(i) Possible sources of data that could
contribute to the decision to modify the
mitigation, monitoring, or reporting
measures in an LOA:
(A) Results from the Navy’s
monitoring from the previous year(s).
(B) Results from other marine
mammal and/or sound research or
studies.
(C) Any information that reveals
marine mammals may have been taken
in a manner, extent or number not
authorized by the regulations in this
subpart or subsequent LOAs.
(ii) If, through adaptive management,
the modifications to the mitigation,
monitoring, or reporting measures are
substantial, NMFS will publish a notice
of proposed LOA in the Federal
Register and solicit public comment.
(2) Emergencies. If NMFS determines
that an emergency exists that poses a
significant risk to the well-being of the
species or stocks of marine mammals
specified in LOAs issued pursuant to
§§ 216.106 of this chapter and 218.26,
an LOA may be modified without prior
notice or opportunity for public
comment. Notice would be published in
the Federal Register within thirty days
of the action.
§§ 218.28–218.29
[Reserved]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 141107936–5399–02]
RIN 0648–XG960
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2019
Commercial Accountability Measure
and Closure for South Atlantic Gray
Triggerfish; January Through June
Season
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
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 January
through June season by April 17, 2019.
Therefore, NMFS is closing the
commercial sector for gray triggerfish in
the South Atlantic EEZ on April 17,
2019. This closure is necessary to
protect the gray triggerfish resource.
DATES: This rule is effective 12:01 a.m.,
local time, April 17, 2019, until July 1,
2019.
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 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.
The commercial ACL (commercial
quota) for gray triggerfish in the South
Atlantic is divided into two 6-month
fishing seasons. The total commercial
ACL of 312,324 lb (141,668 kg), round
weight, is allocated 50 percent to each
commercial fishing season, or 156,162
lb (70,834 kg), round weight, each for
January through June, and July through
December, as specified in 50 CFR
622.190(a)(8)(i) and (ii).
SUMMARY:
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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 50 CFR
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 April 17, 2019.
Accordingly, the commercial sector for
South Atlantic gray triggerfish is closed
effective at 12:01 a.m., local time, April
17, 2019, until the start of the July
through December fishing season on
July 1, 2019. Additionally, NMFS notes
that as specified at 50 CFR
622.190(a)(8)(iii), if there is any unused
portion of the January through June
seasonal quota, it will be added to the
July through December seasonal quota.
Any unused portion of the July through
December seasonal quota, including, if
applicable, any addition of quota from
the January through June season, will
become void and will not be added to
any subsequent quota in the following
fishing year.
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, April 17, 2019. During the
closure, the recreational 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, April 17, 2019, 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
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Rules and Regulations
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
final rules implementing the split
commercial season for gray triggerfish
and the commercial 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 seasonal
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: April 12, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–07693 Filed 4–12–19; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180713633–9174–02]
RIN 0648–XG974
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure.
AGENCY:
NMFS is opening directed
fishing for northern rockfish in the
Bering Sea and Aleutian Islands
Management Area (BSAI). This action is
necessary to fully use the 2019 total
allowable catch (TAC) of northern
rockfish in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 12, 2019, through
2400 hrs, A.l.t., December 31, 2019.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., April 29, 2019.
ADDRESSES: You may submit comments,
identified by NOAA-NMFS-2018-0089,
by either of the following methods:
• Federal e-Rulemaking Portal. Go to:
https://www.regulations.gov/
docket?D=NOAA-NMFS-2018-0089,
click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUMMARY:
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15987
NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
Pursuant to the final 2019 and 2020
harvest specifications for groundfish in
the BSAI (84 FR 9000, March 13, 2019),
NMFS closed directed fishing for
northern rockfish
under§ 679.20(d)(1)(iii).
As of April 9, 2019, NMFS has
determined that approximately 5,400
metric tons of northern rockfish initial
TAC remains unharvested in the BSAI.
Therefore, in accordance with
§ 679.25(a)(1)(i), (a)(2)(i)(C), and
(a)(2)(iii)(D), and to fully utilize the
2019 TAC of northern rockfish in the
BSAI, NMFS is terminating the previous
closure and is opening directed fishing
for northern rockfish in the BSAI. This
will enhance the socioeconomic wellbeing of harvesters in this area. The
Administrator, Alaska Region (Regional
Administrator) considered the following
factors in reaching this decision: (1) The
current catch of northern rockfish in the
BSAI and, (2) the harvest capacity and
stated intent on future harvesting
patterns of vessels in participating in
this fishery.
SUPPLEMENTARY INFORMATION:
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as
such requirement is impracticable and
contrary to the public interest. This
requirement is impracticable and
contrary to the public interest as it
would prevent NMFS from responding
to the most recent fisheries data in a
timely fashion and would delay the
opening of northern rockfish in the
BSAI. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
relevant data only became available as
of April 9, 2019.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
E:\FR\FM\17APR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Rules and Regulations]
[Pages 15986-15987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07693]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 141107936-5399-02]
RIN 0648-XG960
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2019 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)(commercial quota) for the January
through June season by April 17, 2019. Therefore, NMFS is closing the
commercial sector for gray triggerfish in the South Atlantic EEZ on
April 17, 2019. This closure is necessary to protect the gray
triggerfish resource.
DATES: This rule is effective 12:01 a.m., local time, April 17, 2019,
until July 1, 2019.
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 commercial ACL (commercial quota) for gray triggerfish in the
South Atlantic is divided into two 6-month fishing seasons. The total
commercial ACL of 312,324 lb (141,668 kg), round weight, is allocated
50 percent to each commercial fishing season, or 156,162 lb (70,834
kg), round weight, each for 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 50 CFR 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 April 17, 2019.
Accordingly, the commercial sector for South Atlantic gray triggerfish
is closed effective at 12:01 a.m., local time, April 17, 2019, until
the start of the July through December fishing season on July 1, 2019.
Additionally, NMFS notes that as specified at 50 CFR
622.190(a)(8)(iii), if there is any unused portion of the January
through June seasonal quota, it will be added to the July through
December seasonal quota. Any unused portion of the July through
December seasonal quota, including, if applicable, any addition of
quota from the January through June season, will become void and will
not be added to any subsequent quota in the following fishing year.
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, April 17, 2019. During the
closure, the recreational 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,
April 17, 2019, 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
[[Page 15987]]
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 final rules implementing the
split commercial season for gray triggerfish and the commercial 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
seasonal 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: April 12, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-07693 Filed 4-12-19; 4:15 pm]
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