Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2019 Commercial Accountability Measure and Closure for South Atlantic Snowy Grouper, 37148-37149 [2019-16272]
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37148
Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations
proceed with this rulemaking in the
usual timeframe after the Commission
adopted CMM 2018–01.
For the reasons articulated above,
there is also good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date for this rule. As described
above, NMFS must implement the purse
seine fishing effort limits as soon as
possible to ensure that they are not
exceeded. A delay in implementing this
limit for 2019 could result in the United
States violating its obligations with
respect to the purse seine fishing effort
limit provisions of CMM 2018–01,
which are important for the
conservation and management of
tropical tuna stocks in the WCPO.
Executive Order 12866
This interim final rule has been
determined to be not significant for
purposes of Executive Order 12866.
Regulatory Flexibility Act
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. Therefore, no
regulatory flexibility analysis was
required and none has been prepared.
Paperwork Reduction Act
Although there are no new collectionof-information requirements associated
with this action that are subject to the
Paperwork Reduction Act, existing
collection-of information requirements
would apply in the Convention Area,
under the following Control Number:
0648–0649, Transshipment
Requirements under the WCPFC.
List of Subjects in 50 CFR Part 300
Administrative practice and
procedure, Fish, Fisheries, Fishing,
Marine resources, Reporting and
recordkeeping requirements, Treaties.
Dated: July 26, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 300 is amended
as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
Subpart O—Western and Central
Pacific Fisheries for Highly Migratory
Species
1. The authority citation for part 300,
subpart O, continues to read as follows:
■
Authority: 16 U.S.C. 6901 et seq.
VerDate Sep<11>2014
19:26 Jul 30, 2019
Jkt 247001
2. In § 300.223, revise paragraphs
(a)(1) through (3) to read as follows:
■
§ 300.223
Purse seine fishing restrictions.
*
*
*
*
*
(a) * * *
(1) For calendar year 2019, there is a
limit of 1,616 fishing days in the
ELAPS.
(2) Beginning in 2020, there is a limit
of 1,828 fishing days in the ELAPS per
calendar year.
(3) NMFS will determine the number
of fishing days spent in the ELAPS in
each calendar year using data submitted
in logbooks and other available
information. After NMFS determines
that a limit in a calendar year is
expected to be reached by a specific
future date, and at least seven calendar
days in advance of the closure date,
NMFS will publish a document in the
Federal Register announcing that the
purse seine fishery in the area where the
limit is expected to be reached will be
closed starting on that specific future
date and will remain closed until the
end of the calendar year.
*
*
*
*
*
[FR Doc. 2019–16284 Filed 7–30–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 0907271173–0629–03]
RIN 0648–XS006
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2019
Commercial Accountability Measure
and Closure for South Atlantic Snowy
Grouper
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for
commercial snowy grouper in the
exclusive economic zone (EEZ) of the
South Atlantic. NMFS projects
commercial landings for snowy grouper
will reach the commercial annual catch
limit (ACL) by August 3, 2019.
Therefore, NMFS closes the commercial
sector for snowy grouper in the South
Atlantic EEZ on August 3, 2019, and it
will remain closed until the start of the
next commercial fishing season on
January 1, 2020. This closure is
SUMMARY:
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necessary to protect the snowy grouper
resource.
DATES: This rule is effective at 12:01
a.m., local time, on August 3, 2019,
until 12:01 a.m., local time, on 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
Atlantic includes snowy grouper 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 snowy grouper in the South
Atlantic is 153,935 lb (69,824 kg), gutted
weight, 181,644 lb (82,392 kg), round
weight, for the current fishing year,
January 1 through December 31, 2019,
as specified in 50 CFR 622.190(a)(1)(v).
Under 50 CFR 622.193(b)(1), NMFS is
required to close the commercial sector
for snowy grouper when the commercial
ACL is reached or projected to be
reached, by filing a notification to that
effect with the Office of the Federal
Register. NMFS projects that
commercial landings of South Atlantic
snowy grouper, as estimated by the
Science and Research Director, will
reach the commercial quota by August
3, 2019. Accordingly, the commercial
sector for South Atlantic snowy grouper
is closed effective at 12:01 a.m., local
time, on August 3, 2019, until 12:01
a.m., local time, on January 1, 2020.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having snowy
grouper on board must have landed and
bartered, traded, or sold such snowy
grouper prior to 12:01 a.m., local time,
on August 3, 2019. During the
commercial closure, harvest and
possession of snowy grouper in or from
the South Atlantic EEZ is limited to the
bag and possession limits, as specified
in § 622.187(b)(2)(ii) and (c)(1). Also
during the commercial closure, the sale
or purchase of snowy grouper taken
from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to the sale or purchase of snowy
grouper that were harvested, landed
ashore, and sold prior to 12:01 a.m.,
local time, on August 3, 2019, and were
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31JYR1
Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations
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 bag and possession
limits and the sale and purchase
provisions of the commercial closure for
snowy grouper 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
Authority: 16 U.S.C. 1801 et seq.
19:26 Jul 30, 2019
[FR Doc. 2019–16272 Filed 7–26–19; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 190725–0004]
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of snowy grouper and the
South Atlantic snapper-grouper fishery
and is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.193(b)(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 NOAA
Fisheries (AA), finds that the need to
immediately implement this action to
close the commercial sector for snowy
grouper 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
would be unnecessary and contrary to
the public interest. Such procedures are
unnecessary because the implementing
final rule for these AMs has 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 snowy
grouper since the capacity of the fishing
fleet allows for rapid harvest of the
commercial ACL. Prior notice and
opportunity for public comment would
require time and would 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).
VerDate Sep<11>2014
Dated: July 26, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
Jkt 247001
RIN 0648–BI11
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Spiny
Lobster Fishery of the Gulf of Mexico
and South Atlantic; Amendment 13
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
The Gulf of Mexico (Gulf
Council) and South Atlantic Fishery
Management Councils (South Atlantic
Council) (Councils) have submitted
Amendment 13 to the Fishery
Management Plan for Spiny Lobster in
the Gulf of Mexico and South Atlantic
(FMP), for review, approval, and
implementation by NMFS. The purpose
of Amendment 13 and this final rule is
to align Federal regulations for spiny
lobster that apply to the EEZ off Florida
with Florida state regulations, reestablish a procedure for an enhanced
cooperative management system, and
update the regulations to aid law
enforcement and the public.
DATES: This final rule is effective August
30, 2019, except for the amendments to
§§ 622.403(b) and 622.413(b)(3), which
are effective July 26, 2019. The
incorporation by reference of certain
materials listed in this rule is approved
by the Director of the Federal Register
as of August 30, 2019. The
incorporation by reference of the
material in § 622.413(b)(3), is approved
by the Director of the Federal Register
as of July 26, 2019.
ADDRESSES: Electronic copies of
Amendment 13 may be obtained from
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-13-modifications-spinylobster-gear-requirements-andcooperative-management. Amendment
13 includes an environmental
assessment, a fishery impact statement,
a Regulatory Flexibility Act (RFA)
SUMMARY:
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37149
analysis, and a regulatory impact
review.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, Southeast Regional
Office, NMFS, telephone: 727–824–
5305; email: Kelli.ODonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS and
the Councils manage the spiny lobster
fishery under the FMP. The Councils
prepared the FMP and NMFS
implements the FMP through
regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) (16 U.S.C.
1801, et seq.).
On April 2, 2019, NMFS published a
notice of availability (NOA) for
Amendment 13 and requested public
comment (83 FR 12573). On April 18,
2019, NMFS published a proposed rule
for Amendment 13 and requested public
comment (84 FR 16233). Amendment 13
and the proposed rule outline the
rationale for the actions contained in
this final rule. A summary of the
management measures described in
Amendment 13 and implemented by
this final rule is provided below.
Management Measures Contained in
This Final Rule
This final rule implements measures
to modify the Federal regulations
regarding spiny lobster to be compatible
with Florida regulations concerning
bully net gear requirements and
commercial daily possession limits.
This rule also clarifies outdated
language in the spiny lobster Federal
regulations and updates the
incorporations by reference to the
Florida regulations. In addition,
Amendment 13 re-establishes a
procedure for an enhanced cooperative
management system to provide Florida
a mechanism to propose spiny lobster
regulations directly to NMFS for
implementation.
Florida Bully Net Permit and Gear
Marking Requirements and
Prohibitions
This final rule aligns Federal and
Florida bully net regulations to improve
enforcement and reduce potential
confusion among fishers. The rule
requires commercial bully net vessels in
the EEZ off Florida to have a bully net
permit from Florida; requires such a
vessel to be marked with the harvester’s
Florida bully net permit number using
reflective paint or other reflective
material; prohibits commercial bully net
vessels from having trap pullers
onboard; and prohibits the simultaneous
possession of a bully net and any
underwater breathing apparatus (not
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37148-37149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16272]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 0907271173-0629-03]
RIN 0648-XS006
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2019 Commercial Accountability Measure and Closure for South Atlantic
Snowy Grouper
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements accountability measures (AMs) for commercial
snowy grouper in the exclusive economic zone (EEZ) of the South
Atlantic. NMFS projects commercial landings for snowy grouper will
reach the commercial annual catch limit (ACL) by August 3, 2019.
Therefore, NMFS closes the commercial sector for snowy grouper in the
South Atlantic EEZ on August 3, 2019, and it will remain closed until
the start of the next commercial fishing season on January 1, 2020.
This closure is necessary to protect the snowy grouper resource.
DATES: This rule is effective at 12:01 a.m., local time, on August 3,
2019, until 12:01 a.m., local time, on 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 snowy grouper 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 snowy grouper in the
South Atlantic is 153,935 lb (69,824 kg), gutted weight, 181,644 lb
(82,392 kg), round weight, for the current fishing year, January 1
through December 31, 2019, as specified in 50 CFR 622.190(a)(1)(v).
Under 50 CFR 622.193(b)(1), NMFS is required to close the
commercial sector for snowy grouper when the commercial ACL is reached
or projected to be reached, by filing a notification to that effect
with the Office of the Federal Register. NMFS projects that commercial
landings of South Atlantic snowy grouper, as estimated by the Science
and Research Director, will reach the commercial quota by August 3,
2019. Accordingly, the commercial sector for South Atlantic snowy
grouper is closed effective at 12:01 a.m., local time, on August 3,
2019, until 12:01 a.m., local time, on January 1, 2020.
The operator of a vessel with a valid commercial vessel permit for
South Atlantic snapper-grouper having snowy grouper on board must have
landed and bartered, traded, or sold such snowy grouper prior to 12:01
a.m., local time, on August 3, 2019. During the commercial closure,
harvest and possession of snowy grouper in or from the South Atlantic
EEZ is limited to the bag and possession limits, as specified in Sec.
622.187(b)(2)(ii) and (c)(1). Also during the commercial closure, the
sale or purchase of snowy grouper taken from the EEZ is prohibited. The
prohibition on sale or purchase does not apply to the sale or purchase
of snowy grouper that were harvested, landed ashore, and sold prior to
12:01 a.m., local time, on August 3, 2019, and were
[[Page 37149]]
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 bag and possession limits and the sale and
purchase provisions of the commercial closure for snowy grouper 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
snowy grouper 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(b)(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 NOAA Fisheries (AA), finds that the
need to immediately implement this action to close the commercial
sector for snowy grouper 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 would be unnecessary and contrary to the public interest.
Such procedures are unnecessary because the implementing final rule for
these AMs has 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 snowy grouper since the capacity of
the fishing fleet allows for rapid harvest of the commercial ACL. Prior
notice and opportunity for public comment would require time and would
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 26, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-16272 Filed 7-26-19; 4:15 pm]
BILLING CODE 3510-22-P
