80_FR_18617 80 FR 18551 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for Blueline Tilefish in the South Atlantic Region

80 FR 18551 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for Blueline Tilefish in the South Atlantic Region

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18551-18552
FR Document2015-07946

NMFS implements accountability measures (AMs) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blueline tilefish, as estimated by the Science and Research Director, have reached the commercial annual catch limit (ACL). Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, April 7, 2015, and it will remain closed until the start of the next fishing season, January 1, 2016. This closure is necessary to protect the blueline tilefish resource.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015) 
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Rules and Regulations]
[Pages 18551-18552]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07946]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XD869


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 Commercial Accountability Measure and Closure for Blueline 
Tilefish in the South Atlantic Region

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 (AMs) for commercial 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings for blueline tilefish, as estimated by 
the Science and Research Director, have reached the commercial annual 
catch limit (ACL). Therefore, NMFS is closing the commercial sector for 
blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, 
April 7, 2015, and it will remain closed until the start of the next 
fishing season, January 1, 2016. This closure is necessary to protect 
the blueline tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, April 7, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Britni LaVine, NMFS Southeast Region, 
telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes blueline tilefish and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The South Atlantic Fishery Management Council and NMFS 
prepared the FMP, and the FMP is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    NMFS implemented management measures in Amendment 32 to the FMP for 
the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 
32). The final rule published in the Federal Register, and was 
effective, on March 30, 2015 (80 FR 16583). Amendment 32 contains 
management measures that end overfishing of blueline tilefish in the 
South Atlantic.
    NMFS is required to close the commercial sector for blueline 
tilefish when the commercial ACL is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register, as specified in 50 CFR 622.193(z)(1)(i). The 
commercial ACL for blueline tilefish is 17,841 lb (8,093 kg), round 
weight. NMFS has determined that the commercial ACL for South Atlantic 
blueline tilefish has been reached. Accordingly, the commercial sector 
for South Atlantic blueline tilefish is closed effective April 7, 2015, 
until 12:01 a.m., local time, January 1, 2016.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having blueline tilefish onboard must 
have landed and bartered, traded, or sold such blueline tilefish prior 
to April 7, 2015. During the closure, all sale or purchase of blueline 
tilefish is prohibited and harvest or possession of blueline tilefish 
in or from the South Atlantic EEZ is limited to the bag and possession 
limits specified in 50 CFR 622.187(b)(2)(iv) and 622.187(c)(1), 
respectively. These bag and possession limits apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.
    Note that the recreational sector for blueline tilefish opened on 
January 1 and closed March 30, 2015, when the final rule for Amendment 
32 became effective, because Amendment 32 implemented a seasonal 
closure for the recreational sector for blueline tilefish that extends 
from September 1 through April 30. Currently, the recreational sector 
for blueline tilefish is scheduled to reopen on May 1, 2015, and stay 
open through August 31, 2015, if the recreational ACL has not been met.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
blueline tilefish 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(z)(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

[[Page 18552]]

Assistant Administrator for Fisheries, NOAA (AA), finds that the need 
to immediately implement this action to close the commercial sector for 
blueline 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 prior notice and 
opportunity for public comment are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.193(z)(1)(i) 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 
there is a need to immediately implement this action to protect 
blueline tilefish, 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.

Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-07946 Filed 4-2-15; 4:15 pm]
BILLING CODE CODE 3510-22-P

Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations 18551 SOUTH CAROLINA—2012 ANNUAL PM 2.5 NAAQS—Continued [Primary] Designation Classification Designated area 1 Date 2 Type Date 2 Type Newberry County ............................................................. .................... Unclassifiable/Attainment .................... Oconee County ................................................................ .................... Unclassifiable/Attainment .................... Orangeburg County ......................................................... .................... Unclassifiable/Attainment .................... Pickens County ................................................................ .................... Unclassifiable/Attainment .................... Richland County .............................................................. .................... Unclassifiable/Attainment .................... Saluda County ................................................................. .................... Unclassifiable/Attainment .................... Spartanburg County ......................................................... .................... Unclassifiable/Attainment .................... Sumter County ................................................................. .................... Unclassifiable/Attainment .................... Union County ................................................................... .................... Unclassifiable/Attainment .................... Williamsburg County ........................................................ .................... Unclassifiable/Attainment .................... York County ..................................................................... .................... Unclassifiable/Attainment .................... 1 Includes areas of Indian country located in each county or area, except as otherwise specified. 2 This date is April 15, 2015, unless otherwise noted. * * * * * telephone: 727–824–5305, email: 2015. During the closure, all sale or [FR Doc. 2015–07948 Filed 4–6–15; 8:45 am] britni.lavine@noaa.gov. purchase of blueline tilefish is BILLING CODE CODE 6560–50–P SUPPLEMENTARY INFORMATION: The prohibited and harvest or possession of snapper-grouper fishery of the South blueline tilefish in or from the South Atlantic includes blueline tilefish and is Atlantic EEZ is limited to the bag and DEPARTMENT OF COMMERCE managed under the Fishery possession limits specified in 50 CFR Management Plan for the Snapper- 622.187(b)(2)(iv) and 622.187(c)(1), National Oceanic and Atmospheric Grouper Fishery of the South Atlantic respectively. These bag and possession Administration Region (FMP). The South Atlantic limits apply in the South Atlantic on Fishery Management Council and board a vessel for which a valid Federal 50 CFR Part 622 NMFS prepared the FMP, and the FMP commercial or charter vessel/headboat is implemented under the authority of permit for South Atlantic snapper- [Docket No. 140501394–5279–02] the Magnuson-Stevens Fishery grouper has been issued, without regard RIN 0648–XD869 Conservation and Management Act to where such species were harvested, (Magnuson-Stevens Act) by regulations i.e., in state or Federal waters. Fisheries of the Caribbean, Gulf of at 50 CFR part 622. Note that the recreational sector for Mexico, and South Atlantic; 2015 NMFS implemented management blueline tilefish opened on January 1 Commercial Accountability Measure measures in Amendment 32 to the FMP and closed March 30, 2015, when the and Closure for Blueline Tilefish in the for the Snapper-Grouper Fishery of the final rule for Amendment 32 became South Atlantic Region South Atlantic Region (Amendment 32). effective, because Amendment 32 The final rule published in the Federal implemented a seasonal closure for the AGENCY: National Marine Fisheries Register, and was effective, on March recreational sector for blueline tilefish Service (NMFS), National Oceanic and 30, 2015 (80 FR 16583). Amendment 32 that extends from September 1 through Atmospheric Administration (NOAA), contains management measures that end April 30. Currently, the recreational Commerce. overfishing of blueline tilefish in the sector for blueline tilefish is scheduled ACTION: Temporary rule; closure. South Atlantic. to reopen on May 1, 2015, and stay open NMFS is required to close the through August 31, 2015, if the SUMMARY: NMFS implements commercial sector for blueline tilefish accountability measures (AMs) for recreational ACL has not been met. when the commercial ACL is reached, commercial blueline tilefish in the or is projected to be reached, by filing Classification exclusive economic zone (EEZ) of the a notification to that effect with the The Regional Administrator, South Atlantic. Commercial landings for Office of the Federal Register, as Southeast Region, NMFS, has blueline tilefish, as estimated by the specified in 50 CFR 622.193(z)(1)(i). The determined this temporary rule is Science and Research Director, have commercial ACL for blueline tilefish is necessary for the conservation and reached the commercial annual catch 17,841 lb (8,093 kg), round weight. management of blueline tilefish and the limit (ACL). Therefore, NMFS is closing NMFS has determined that the South Atlantic snapper-grouper fishery the commercial sector for blueline commercial ACL for South Atlantic and is consistent with the Magnuson- tilefish in the South Atlantic EEZ at blueline tilefish has been reached. Stevens Act and other applicable laws. 12:01 a.m., local time, April 7, 2015, Accordingly, the commercial sector for This action is taken under 50 CFR and it will remain closed until the start South Atlantic blueline tilefish is closed 622.193(z)(1)(i) and is exempt from of the next fishing season, January 1, effective April 7, 2015, until 12:01 a.m., review under Executive Order 12866. 2016. This closure is necessary to rljohnson on DSK3VPTVN1PROD with RULES local time, January 1, 2016. These measures are exempt from the protect the blueline tilefish resource. The operator of a vessel with a valid procedures of the Regulatory Flexibility DATES: This rule is effective 12:01 a.m., commercial vessel permit for South Act because the temporary rule is issued local time, April 7, 2015, until 12:01 Atlantic snapper-grouper having without opportunity for prior notice and a.m., local time, January 1, 2016. blueline tilefish onboard must have comment. FOR FURTHER INFORMATION CONTACT: landed and bartered, traded, or sold This action responds to the best Britni LaVine, NMFS Southeast Region, such blueline tilefish prior to April 7, scientific information available. The VerDate Sep<11>2014 15:31 Apr 06, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1

18552 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations Assistant Administrator for Fisheries, daily bag limit for red grouper in the in § 622.22(a)(5)(ii)(B), where it NOAA (AA), finds that the need to Gulf of Mexico (Gulf) and removes the erroneously stated that if red grouper is immediately implement this action to recreational post-season bag limit under a rebuilding plan, then ‘‘red close the commercial sector for blueline reduction accountability measure (AM) grouper multi-use allocation’’ should be tilefish constitutes good cause to waive for Gulf red grouper. Additionally, this set to zero. This change is not related to the requirements to provide prior notice rule corrects an error in the Gulf the framework action. and opportunity for public comment individual fishing quota (IFQ) multi-use Comments and Responses pursuant to the authority set forth in 5 provisions for the Grouper/Tilefish IFQ U.S.C. 553(b)(B), as such prior notice program. The purpose of this final rule NMFS received 28 comment and opportunity for public comment are is to modify the Gulf red grouper submissions on the framework action unnecessary and contrary to the public recreational management measures to and the proposed rule; 1 from a sport interest. Such procedures are improve recreational fishing fishing club, 1 from a state agency, and unnecessary because the regulations at opportunities by achieving optimal 26 from individuals. All comments 50 CFR 622.193(z)(1)(i) have already yield for the red grouper resource. received were in regard to the bag limit been subject to notice and comment, DATES: This rule is effective May 7, reduction; no comments were received and all that remains is to notify the 2015. directly addressing the removal of the public of the closure. Such procedures accountability measure. Fourteen ADDRESSES: Electronic copies of the submissions supported the bag limit are contrary to the public interest framework action, which includes an because there is a need to immediately reduction, which is expected to alleviate environmental assessment, a regulatory the need for in-season closures. Eight implement this action to protect impact review, and a Regulatory blueline tilefish, since the capacity of individuals specifically opposed the bag Flexibility Act analysis may be obtained limit reduction. Other submissions were the fishing fleet allows for rapid harvest from the Southeast Regional Office Web of the commercial ACL. Prior notice and outside the scope of the rule, offering site at http://sero.nmfs.noaa.gov/ suggestions for alternative management opportunity for public comment would sustainable_fisheries/gulf_fisheries/ require time and would potentially options, such as different size and bag reef_fish/index.html. limits, regionalized regulations, or a tag result in a harvest well in excess of the FOR FURTHER INFORMATION CONTACT: system. These are options the Council established commercial ACL. For the aforementioned reasons, the Richard Malinowski, telephone: 727– has considered in the past, and could AA also finds good cause to waive the 824–5305, email: rich.malinowski@ consider again. A summary of the 30-day delay in the effectiveness of this noaa.gov. comments addressing the actions being action under 5 U.S.C. 553(d)(3). SUPPLEMENTARY INFORMATION: The Gulf implemented by this rulemaking and reef fish fishery is managed under the NMFS’ responses to those comments Authority: 16 U.S.C. 1801 et seq. FMP. The FMP was prepared by the appears below. Emily H. Menashes, Council and is implemented through Comment 1: The new regulation could Acting Director, Office of Sustainable regulations at 50 CFR part 622 under the lead to overfishing of the Gulf red Fisheries, National Marine Fisheries Service. authority of the Magnuson-Stevens grouper resource. [FR Doc. 2015–07946 Filed 4–2–15; 4:15 pm] Fishery Conservation and Management Response: NMFS disagrees that either BILLING CODE CODE 3510–22–P Act (Magnuson-Stevens Act). the bag limit reduction or the removal On January 27, 2015, NMFS of the post-season AM could lead to published a proposed rule for the overfishing of Gulf red grouper. The DEPARTMENT OF COMMERCE framework action and requested public two-fish bag limit, although primarily comment (80 FR 4240). The proposed intended to extend the length of the National Oceanic and Atmospheric rule and framework action outline the open season, should reduce the Administration rationale for the actions contained in probability of exceeding the ACL by the this final rule. A summary of the actions recreational sector. The AM that 50 CFR Part 622 implemented by this final rule is reduced the bag limit by one fish if the [Docket No. 150105013–5291–02] provided below. ACL was exceeded in the previous year was also intended to extend the length RIN 0648–BE62 Management Measures Contained in of the open season and to avoid in- This Final Rule season closures. However, it is difficult Fisheries of the Caribbean, Gulf of to implement this in-season bag limit This final rule reduces the Gulf red Mexico, and South Atlantic; Reef Fish reduction in a timely manner and the grouper recreational bag limit from four Fishery of the Gulf of Mexico; Red bag limit change in the middle of the fish to two fish within the four-fish Grouper Recreational Management season created confusion. The Council aggregate grouper bag limit, and Measures determined, and NMFS agrees, that removes the post-season AM that AGENCY: National Marine Fisheries reduces the daily bag limit the next removing this AM would increase the Service (NMFS), National Oceanic and fishing season when the previous efficiency of operating in this Atmospheric Administration (NOAA), fishing year’s annual catch limit (ACL) recreational sector and reduce public Commerce. is exceeded. The other post-season AMs confusion without increasing the risk of ACTION: Final rule. currently codified in the regulations exceeding the ACL because there are remain in effect without change. other AMs that will remain in place. SUMMARY: NMFS issues this final rule to Comment 2: The two-fish bag limit is Additional Change to Codified Text rljohnson on DSK3VPTVN1PROD with RULES implement management measures unnecessary and unreasonable because described in a framework action to the In addition, this final rule corrects a the Gulf red grouper stock is healthy Fishery Management Plan for the Reef mistake in the regulations that was and abundant; there is no shortage of Fish Resources of the Gulf of Mexico implemented in the final rule for red grouper. (FMP), as prepared by the Gulf of Amendment 32 to the FMP. NMFS Response: NMFS agrees the stock is Mexico Fishery Management Council changes ‘‘red grouper multi-use healthy. The latest stock assessment (Council). This final rule revises the allocation’’ to ‘‘gag multi-use allocation’’ indicates the stock is not overfished or VerDate Sep<11>2014 15:31 Apr 06, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1


Document Created: 2018-02-21 10:05:24
Document Modified: 2018-02-21 10:05:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThis rule is effective 12:01 a.m., local time, April 7, 2015, until 12:01 a.m., local time, January 1, 2016.
ContactBritni LaVine, NMFS Southeast Region, telephone: 727-824-5305, email: [email protected]
FR Citation80 FR 18551 
RIN Number0648-XD86
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