80 FR 36249 - Snapper-Grouper Fishery of the South Atlantic; 2015 Commercial Accountability Measure and Closure for Atlantic Dolphin

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 121 (June 24, 2015)

NMFS implements accountability measures (AMs) for the commercial sector for Atlantic dolphin (dolphin) in the exclusive economic zone (EEZ) off the Atlantic states (Maine through the east coast of Florida) for the 2015 fishing year through this temporary rule. Commercial landings for dolphin, as estimated by the Science and Research Director, are projected to reach the commercial annual catch limit (ACL) by June 24, 2015. Therefore, NMFS closes the commercial sector for dolphin on June 24, 2015, through the remainder of the fishing year in the exclusive economic zone (EEZ) of the Atlantic. This closure is necessary to protect the dolphin resource.

[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Rules and Regulations]
[Pages 36249-36250]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15510]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403322-4454-02]
RIN 0648-XE002


Snapper-Grouper Fishery of the South Atlantic; 2015 Commercial 
Accountability Measure and Closure for Atlantic Dolphin

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 the 
commercial sector for Atlantic dolphin (dolphin) in the exclusive 
economic zone (EEZ) off the Atlantic states (Maine through the east 
coast of Florida) for the 2015 fishing year through this temporary 
rule. Commercial landings for dolphin, as estimated by the Science and 
Research Director, are projected to reach the commercial annual catch 
limit (ACL) by June 24, 2015. Therefore, NMFS closes the commercial 
sector for dolphin on June 24, 2015, through the remainder of the 
fishing year in the exclusive economic zone (EEZ) of the Atlantic. This 
closure is necessary to protect the dolphin resource.

DATES: This rule is effective 12:01 a.m., local time, June 24, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast 
Regional Office, telephone: 727-824-5305, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery off the 
Atlantic states is managed under the Fishery Management Plan for the 
Dolphin and Wahoo Fishery of the Atlantic (FMP). The FMP was prepared 
by the South Atlantic Fishery Management Council, in cooperation with 
the Mid-Atlantic and New England Fishery Management Councils, and is 
implemented 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 for dolphin is 1,157,001 lb (524,807 kg), round 
weight. Under 50 CFR 622.280(a)(l)(i), NMFS is required to close the 
commercial sector for dolphin when the commercial ACL 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 has been reached and that the commercial sector for 
dolphin should close on June 24, 2015. Therefore, this temporary rule 
implements an AM to close the commercial sector for dolphin in the EEZ 
off the Atlantic states (Maine through the east coast of Florida), 
effective 12:01 a.m., local time June 24, 2015.
    The operator of a vessel with a valid commercial vessel permit for 
dolphin on board must have landed and bartered, traded, or sold such 
species prior to 12:01 a.m., local time, June 24, 2015. During the 
closure, the bag and possession limits specified in 50 CFR 
622.277(a)(1) apply to all harvest or possession of dolphin in or from 
the Atlantic EEZ. Additionally, these bag and possession limits apply 
in the Atlantic EEZ (Maine through the east coast of Florida) on board 
a vessel for which a valid Federal commercial or charter vessel/
headboat permit for dolphin and wahoo has been issued, without regard 
to where such species were harvested, i.e., in state or Federal waters. 
During the closure, the sale or purchase of dolphin taken from the EEZ 
is prohibited.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
dolphin off the Atlantic states and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.280(a)(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 Fisheries,

[[Page 36250]]

NOAA (AA), finds that the need to immediately implement this action to 
close the commercial sector for dolphin 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 of the need to immediately implement this action to 
protect dolphin 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: June 19, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-15510 Filed 6-19-15; 4:15 pm]
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