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]

Download as PDF 15986 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] amozie on DSK9F9SC42PROD with RULES [FR Doc. 2019–07513 Filed 4–16–19; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:23 Apr 16, 2019 Jkt 247001 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: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 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 E:\FR\FM\17APR1.SGM 17APR1 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] amozie on DSK9F9SC42PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 16:23 Apr 16, 2019 Jkt 247001 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: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 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 17APR1

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]


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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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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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]
 BILLING CODE 3510-22-P