Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component, 35339-35340 [2019-15608]
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Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations
35339
TABLE 1 TO § 383.51
If a driver operates a
motor vehicle and is convicted of:
For a first conviction or
refusal to be tested while
operating a CMV, a person required to have a
CLP or CDL and a CLP
or CDL holder must be
disqualified from operating a CMV for * * *
For a first conviction or
refusal to be tested while
operating a non-CMV, a
CLP or CDL holder must
be disqualified from operating a CMV for * * *
*
(10) Using a CMV in the
commission of a felony
involving an act or
practice of severe
forms of trafficking in
persons, as defined
and described in 22
U.S.C. 7102(11).
*
Life—not eligible for 10year reinstatement.
*
*
*
*
*
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM
For a first conviction or
refusal to be tested while
operating a CMV transporting hazardous materials as defined in
§ 383.5, a person required to have a CLP or
CDL and a CLP or CDL
holder must be disqualified from operating a
CMV for * * *
For a second conviction
or refusal to be tested in
a separate incident of
any combination of offenses in this Table while
operating a CMV, a person required to have a
CLP or CDL and a CLP
or CDL holder must be
disqualified from operating a CMV for * * *
For a second conviction
or refusal to be tested in
a separate incident of
any combination of offenses in this Table while
operating a non-CMV, a
CLP or CDL holder must
be disqualified from operating a CMV for * * *
*
*
*
Not applicable ................. Life—not eligible for 10year reinstatement.
*
Life—not eligible for 10year reinstatement.
*
Not applicable.
DEPARTMENT OF COMMERCE
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.
The commercial golden tilefish sector
has two components, each with its own
quota (ACL): The longline and hookand-line components (50 CFR
622.190(a)(2)). The golden tilefish
commercial ACL is allocated 75 percent
to the longline component and 25
percent to the hook-and-line
component. On December 4, 2018,
NMFS published a final rule (83 FR
62508) that implemented Regulatory
Amendment 28 to the FMP, which
revised the commercial and recreational
ACLs for golden tilefish. The
commercial ACL was revised from
323,000 lb (146,510 kg), gutted weight,
to 331,740 lb (150,475 kg), gutted
weight, and the hook-and-line quota
was set at 82,935 lb (37,619 kg), gutted
weight, with the remainder of the
commercial quota, 248,805 lb (112,856
kg), assigned to the longline component.
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 (quota)
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 golden tilefish
hook-and-line component in the South
Atlantic will be reached by July 20,
2019. Accordingly, the hook-and-line
component of South Atlantic golden
National Oceanic and Atmospheric
Administration
50 CFR Part 622
5. The authority citation for part 384
continues to read as follows:
■
Authority: 49 U.S.C. 31136, 31301 et seq.,
and 31502; secs. 103 and 215 of Pub. L. 106–
59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112–141, 126 Stat. 405, 830; sec. 5401 and
7208 of Pub. L. 114–94, 129 Stat. 1312, 1546,
1593; and 49 CFR 1.87.
6. In § 384.301, add paragraph (j) to
read as follows:
*
*
*
*
*
(j) A State must come into substantial
compliance with the requirements of
part 383 of this chapter in effect as of
September 23, 2019, or as soon as
practicable, but not later than
September 23, 2023.
Issued under authority delegated in 49 CFR
1.87.
Dated: July 11, 2019.
Raymond P. Martinez,
Administrator.
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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) by July 20, 2019. Therefore,
NMFS closes the commercial hook-andline component for golden tilefish in the
South Atlantic EEZ on July 23, 2019,
and it will remain closed until the start
of the next fishing year on January 1,
2020. This closure is necessary to
protect the golden tilefish resource.
DATES: This rule is effective at 12:01
a.m., local time, July 23, 2019, until
12:01 a.m., local time, January 1, 2020.
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
SUMMARY:
§ 384.301 Substantial compliance—
general requirements.
VerDate Sep<11>2014
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2019
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.
■
BILLING CODE 4910–EX–P
RIN 0648–XS003
AGENCY:
Subpart C—Procedures for
Determining State Compliance
[FR Doc. 2019–15611 Filed 7–22–19; 8:45 am]
[Docket No. 120404257–3325–02]
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35340
Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations
jspears on DSK30JT082PROD with RULES
tilefish is closed effective at 12:01 a.m.,
local time, July 23, 2019.
The commercial longline component
for South Atlantic golden tilefish closed
on March 14, 2019, and will remain
closed for the remainder of the fishing
year, until 12:01 a.m., local time,
January 1, 2020 (84 FR 8997; March 13,
2019). Additionally, the recreational
sector for South Atlantic golden tilefish
closed on June 17, 2019, and will
remain closed for the remainder of the
fishing year, until 12:01 a.m., local time,
January 1, 2020 (84 FR 27479; June 16,
2019). Therefore, because the
recreational sector and the commercial
longline component is already closed,
and NMFS is closing the commercial
hook-and-line component through this
temporary rule, all fishing for South
Atlantic golden tilefish in the EEZ will
be closed effective at 12:01 a.m., local
time, July 23, 2019, until 12:01 a.m.,
local time, January 1, 2020.
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, July 23, 2019. During the
closure, the harvest or possession and
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 hookand-line, landed ashore, and sold prior
to 12:01 a.m., local time, July 23, 2019,
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 snappergrouper fishery has been issued, the
prohibitions on harvest or possession
and sale and purchase provisions of the
commercial closure for 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).
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 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: July 18, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–15608 Filed 7–18–19; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
Classification
RIN 0648–XT008
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
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
VerDate Sep<11>2014
16:11 Jul 22, 2019
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
NMFS is transferring 30
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the Harpoon category. With this
transfer, the adjusted Harpoon category
SUMMARY:
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quota for the 2019 fishing season is 76
mt. The 2019 Harpoon category fishery
is open until November 15, 2019, or
until the Harpoon category quota is
reached, whichever comes first. The
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments, and
applies to Atlantic tunas Harpoon
category (commercial) permitted
vessels.
Effective July 18, 2019, through
November 15, 2019.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260, or
Larry Redd, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of BFT by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27 subdivides the U.S.
BFT quota recommended by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
States among the various domestic
fishing categories, per the allocations
established in Amendment 7 to the 2006
Consolidated Atlantic Highly Migratory
Species Fishery Management Plan (2006
Consolidated HMS FMP) (Amendment
7) (79 FR 71510, December 2, 2014), and
in accordance with implementing
regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
reasonable opportunity to harvest the
ICCAT-recommended quota.
The current baseline quotas for the
Harpoon and Reserve categories are 46
mt and 29.5 mt, respectively. See
§ 635.27(a). To date for 2019, NMFS has
published two actions that have
adjusted the available 2019 Reserve
category quota, which currently is 143
mt (84 FR 3724, February 13, 2019, and
84 FR 6701, February 28, 2019). The
2019 Harpoon category fishery opened
June 1 and is open through November
15, 2019, or until the Harpoon category
quota is reached, whichever comes first.
DATES:
Quota Transfer
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering regulatory determination
criteria provided under § 635.27(a)(8).
NMFS has considered the relevant
determination criteria and their
applicability to the Harpoon category
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]]>Agencies
[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35339-35340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15608]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
RIN 0648-XS003
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2019 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) by July 20, 2019.
Therefore, NMFS closes the commercial hook-and-line component for
golden tilefish in the South Atlantic EEZ on July 23, 2019, and it will
remain closed until the start of the next fishing year on January 1,
2020. This closure is necessary to protect the golden tilefish
resource.
DATES: This rule is effective at 12:01 a.m., local time, July 23, 2019,
until 12:01 a.m., local time, January 1, 2020.
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 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.
The commercial golden tilefish sector has two components, each with
its own quota (ACL): The longline and hook-and-line components (50 CFR
622.190(a)(2)). The golden tilefish commercial ACL is allocated 75
percent to the longline component and 25 percent to the hook-and-line
component. On December 4, 2018, NMFS published a final rule (83 FR
62508) that implemented Regulatory Amendment 28 to the FMP, which
revised the commercial and recreational ACLs for golden tilefish. The
commercial ACL was revised from 323,000 lb (146,510 kg), gutted weight,
to 331,740 lb (150,475 kg), gutted weight, and the hook-and-line quota
was set at 82,935 lb (37,619 kg), gutted weight, with the remainder of
the commercial quota, 248,805 lb (112,856 kg), assigned to the longline
component.
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 (quota) 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 golden tilefish hook-and-line component in the
South Atlantic will be reached by July 20, 2019. Accordingly, the hook-
and-line component of South Atlantic golden
[[Page 35340]]
tilefish is closed effective at 12:01 a.m., local time, July 23, 2019.
The commercial longline component for South Atlantic golden
tilefish closed on March 14, 2019, and will remain closed for the
remainder of the fishing year, until 12:01 a.m., local time, January 1,
2020 (84 FR 8997; March 13, 2019). Additionally, the recreational
sector for South Atlantic golden tilefish closed on June 17, 2019, and
will remain closed for the remainder of the fishing year, until 12:01
a.m., local time, January 1, 2020 (84 FR 27479; June 16, 2019).
Therefore, because the recreational sector and the commercial longline
component is already closed, and NMFS is closing the commercial hook-
and-line component through this temporary rule, all fishing for South
Atlantic golden tilefish in the EEZ will be closed effective at 12:01
a.m., local time, July 23, 2019, until 12:01 a.m., local time, January
1, 2020.
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, July 23, 2019. During the
closure, the harvest or possession and 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, July 23, 2019, 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 prohibitions on harvest or
possession and sale and purchase provisions of the commercial closure
for 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 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: July 18, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-15608 Filed 7-18-19; 4:15 pm]
BILLING CODE 3510-22-P
