80_FR_37056 80 FR 36932 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Sector for Atlantic Dolphin

80 FR 36932 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Re-Opening of Commercial Sector for Atlantic Dolphin

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36932-36933
FR Document2015-15863

NMFS announces the re-opening of the commercial sector for Atlantic dolphin (dolphin) in the exclusive economic zone (EEZ) off the Atlantic states (Maine through the east coast of Florida) through this temporary rule. The most recent landings for dolphin indicate the commercial annual catch limit (ACL) has not yet been reached. Therefore, NMFS re-opens the commercial sector for dolphin at 4:15 p.m., local time, June 24, 2015, and it will close at 12:01 a.m., local time, June 30, 2015 in the exclusive economic zone (EEZ) of the Atlantic. A June 30, 2015, closure will minimize the risk of the commercial ACL being exceeded and provides more sufficient notice to fishermen of the closure.

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015) 
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36932-36933]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15863]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403322-4454-02]
RIN 0648-XE017


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Commercial Sector for Atlantic Dolphin

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

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for 
Atlantic dolphin (dolphin) in the exclusive economic zone (EEZ) off the 
Atlantic states (Maine through the east coast of Florida) through this 
temporary rule. The most recent landings for dolphin indicate the 
commercial annual catch limit (ACL) has not yet been reached. 
Therefore, NMFS re-opens the commercial sector for dolphin at 4:15 
p.m., local time, June 24, 2015, and it will close at 12:01 a.m., local 
time, June 30, 2015 in the exclusive economic zone (EEZ) of the 
Atlantic. A June 30, 2015, closure will minimize the risk of the 
commercial ACL being exceeded and provides more sufficient notice to 
fishermen of the closure.

DATES: This rule is effective at 4:15 p.m., local time, June 24, 2015, 
until 12:01 a.m., local time, June 30, 2015.

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 previously determined 
that the commercial ACL would be reached and that the commercial sector 
for dolphin should close on June 24, 2015. Therefore, NMFS published a 
temporary rule to implement accountability measures (AMs) to close the 
commercial sector for dolphin in the EEZ off the Atlantic states (Maine 
through the east coast of Florida), effective at 12:01 a.m., local 
time, June 24, 2015 (80 FR 36249, June 24, 2015).
    However, the most recent landings for dolphin indicate the 
commercial ACL has not been reached. Consequently and in accordance 
with 50 CFR 622.8(c), NMFS temporarily re-opens the commercial sector 
for dolphin on June 24, 2015, and closes the commercial sector on June 
30, 2015. A closure on June 30, 2015, minimizes the risk of the 
commercial ACL for dolphin from being exceeded and provides sufficient 
notice to fishermen of the closure.
    The operator of a vessel with a valid commercial vessel permit for 
dolphin on board must have landed and

[[Page 36933]]

bartered, traded, or sold such species prior to the closure at 12:01 
a.m., local time, June 30, 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. The 
commercial sector for dolphin will re-open on January 1, 2016, the 
beginning of the 2016 commercial fishing season.

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 622.8(c) and 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, NOAA (AA), finds that the 
need to immediately implement this action to temporarily re-open 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 implementing the commercial 
ACL and AMs has been subject to notice and comment, and all that 
remains is to notify the public of the re-opening. Such procedures are 
contrary to the public interest because of the need to immediately 
implement this action to allow vessels with dolphin to transit safely 
and land dolphin harvested in the EEZ by June 30, 2015, while 
minimizing the risk of exceeding the commercial ACL. Prior notice and 
opportunity for public comment would require time, would delay the re-
opening of the commercial sector, and would potentially result in the 
discard of dolphin already harvested legally prior to June 24, 2015.
    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 24, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-15863 Filed 6-24-15; 4:15 pm]
 BILLING CODE 3510-22-P

36932 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations relationship between the Federal environmental justice issue is associated reached. Therefore, NMFS re-opens the Government and Indian tribes, or on the with this rule, nor is there any collective commercial sector for dolphin at 4:15 distribution of power and environmental impact that would result p.m., local time, June 24, 2015, and it responsibilities between the Federal from its promulgation. will close at 12:01 a.m., local time, June Government and Indian tribes. 30, 2015 in the exclusive economic zone List of Subjects in 49 CFR Part 384 (EEZ) of the Atlantic. A June 30, 2015, National Technology Transfer and Administrative practice and closure will minimize the risk of the Advancement Act (Technical procedure, Alcohol abuse, Drug abuse, commercial ACL being exceeded and Standards) Highway safety, Motor carriers. provides more sufficient notice to The National Technology Transfer In consideration of the foregoing, fishermen of the closure. and Advancement Act (NTTAA) (15 FMCSA amends 49 CFR part 384 as DATES: This rule is effective at 4:15 p.m., U.S.C. 272 note) directs agencies to use follows: local time, June 24, 2015, until 12:01 voluntary consensus standards in their a.m., local time, June 30, 2015. regulatory activities unless the agency PART 384—STATE COMPLIANCE FOR FURTHER INFORMATION CONTACT: provides Congress, through OMB, with WITH COMMERCIAL DRIVER’S Catherine Hayslip, NMFS Southeast an explanation of why using these LICENSE PROGRAM Regional Office, telephone: 727–824– standards would be inconsistent with 5305, email: catherine.hayslip@ applicable law or otherwise impractical. ■ 1. The authority citation for part 384 noaa.gov. Voluntary consensus standards (e.g., continues to read as follows: specifications of materials, performance, SUPPLEMENTARY INFORMATION: The Authority: 49 U.S.C. 31136, 31301, et seq., design, or operation; test methods; dolphin and wahoo fishery off the and 31502; secs. 103 and 215 of Pub.L. 106– sampling procedures; and related 59, 113 Stat. 1753, 1767; and 49 CFR 1.87. Atlantic states is managed under the management systems practices) are Fishery Management Plan for the standards that are developed or adopted ■ 2. In § 384.209, add paragraph (c) to Dolphin and Wahoo Fishery of the by voluntary consensus standards read as follows: Atlantic (FMP). The FMP was prepared bodies. This final rule does not use by the South Atlantic Fishery § 384.209 Notification of traffic violations. technical standards. Therefore, we did Management Council, in cooperation not consider the use of voluntary * * * * * with the Mid-Atlantic and New England consensus standards. (c) Notification of traffic violations Fishery Management Councils, and is must be made within 10 days of the implemented under the authority of the Environment (NEPA, CAA, conviction. Magnuson-Stevens Fishery Environmental Justice) Conservation and Management Act Issued under the authority of delegation in FMCSA analyzed this final rule for 49 CFR 1.87: June 22, 2015. (Magnuson-Stevens Act) by regulations the purpose of the National T.F. Scott Darling, III, at 50 CFR part 622. Environmental Policy Act of 1969 (42 Chief Counsel. The commercial ACL for dolphin is U.S.C. 4321 et seq.) and determined that [FR Doc. 2015–15906 Filed 6–26–15; 8:45 am] 1,157,001 lb (524,807 kg), round weight. this action is categorically excluded BILLING CODE 4910–EX–P Under 50 CFR 622.280(a)(l)(i), NMFS is from further analysis and required to close the commercial sector documentation in an environmental for dolphin when the commercial ACL assessment or environmental impact has been reached, or is projected to be statement under FMCSA Order 5610.1 DEPARTMENT OF COMMERCE reached, by filing a notification to that (69 FR 9680, March 1, 2004), Appendix National Oceanic and Atmospheric effect with the Office of the Federal 2, paragraph (6b), concerning editorial Administration Register. NMFS previously determined and procedural regulations. The CE is that the commercial ACL would be available for inspection or copying in 50 CFR Part 622 reached and that the commercial sector the Regulations.gov Web site listed for dolphin should close on June 24, under ADDRESSES. [Docket No. 130403322–4454–02] 2015. Therefore, NMFS published a FMCSA also analyzed this action temporary rule to implement RIN 0648–XE017 under the Clean Air Act, as amended accountability measures (AMs) to close (CAA), section 176(c) (42 U.S.C. 7401 et Fisheries of the Caribbean, Gulf of the commercial sector for dolphin in the seq.), and implementing regulations Mexico, and South Atlantic; Re- EEZ off the Atlantic states (Maine promulgated by the Environmental Opening of Commercial Sector for through the east coast of Florida), Protection Agency. Approval of this Atlantic Dolphin effective at 12:01 a.m., local time, June action is exempt from the CAA’s general 24, 2015 (80 FR 36249, June 24, 2015). conformity requirement since it does AGENCY: National Marine Fisheries However, the most recent landings for not affect direct or indirect emissions of Service (NMFS), National Oceanic and dolphin indicate the commercial ACL criteria pollutants. Atmospheric Administration (NOAA), has not been reached. Consequently and Under E.O. 12898, each Federal Commerce. in accordance with 50 CFR 622.8(c), agency must identify and address, as ACTION: Temporary rule; re-opening. NMFS temporarily re-opens the appropriate, ‘‘disproportionately high commercial sector for dolphin on June and adverse human health or SUMMARY: NMFS announces the re- 24, 2015, and closes the commercial environmental effects of its programs, opening of the commercial sector for sector on June 30, 2015. A closure on mstockstill on DSK4VPTVN1PROD with RULES policies, and activities on minority Atlantic dolphin (dolphin) in the June 30, 2015, minimizes the risk of the populations and low-income exclusive economic zone (EEZ) off the commercial ACL for dolphin from being populations’’ in the United States, its Atlantic states (Maine through the east exceeded and provides sufficient notice possessions, and territories. FMCSA coast of Florida) through this temporary to fishermen of the closure. evaluated the environmental justice rule. The most recent landings for The operator of a vessel with a valid effects of this rule in accordance with dolphin indicate the commercial annual commercial vessel permit for dolphin the E.O., and has determined that no catch limit (ACL) has not yet been on board must have landed and VerDate Sep<11>2014 17:11 Jun 26, 2015 Jkt 235001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations 36933 bartered, traded, or sold such species potentially result in the discard of intended to conserve and manage the prior to the closure at 12:01 a.m., local dolphin already harvested legally prior Pacific sardine stock off the U.S. West time, June 30, 2015. During the closure, to June 24, 2015. Coast. the bag and possession limits specified For the aforementioned reasons, the DATES: Effective July 1, 2015 through in 50 CFR 622.277(a)(1) apply to all AA also finds good cause to waive the June 30, 2016. harvest or possession of dolphin in or 30-day delay in the effectiveness of this FOR FURTHER INFORMATION CONTACT: from the Atlantic EEZ. Additionally, action under 5 U.S.C. 553(d)(3). Joshua Lindsay, West Coast Region, these bag and possession limits apply in Authority: 16 U.S.C. 1801 et seq. NMFS, (562) 980–4034. the Atlantic EEZ (Maine through the Dated: June 24, 2015. SUPPLEMENTARY INFORMATION: NMFS east coast of Florida) on board a vessel Jennifer M. Wallace, manages the Pacific sardine fishery in for which a valid Federal commercial or charter vessel/headboat permit for Acting Director, Office of Sustainable the U.S. EEZ off the Pacific coast dolphin and wahoo has been issued, Fisheries, National Marine Fisheries Service. (California, Oregon, and Washington) in without regard to where such species [FR Doc. 2015–15863 Filed 6–24–15; 4:15 pm] accordance with the CPS FMP. Annual were harvested, i.e., in state or Federal BILLING CODE 3510–22–P specifications published in the Federal waters. During the closure, the sale or Register establish the allowable harvest purchase of dolphin taken from the EEZ levels (i.e. over fishing limit (OFL)/ACL/ is prohibited. The commercial sector for DEPARTMENT OF COMMERCE HG) for each Pacific sardine fishing dolphin will re-open on January 1, 2016, year. The purpose of this final rule is to National Oceanic and Atmospheric implement these annual catch reference the beginning of the 2016 commercial Administration points for the 2015–2016 fishing year. fishing season. This final rule adopts, without changes, Classification 50 CFR Part 660 the reference points that NMFS The Regional Administrator, [Docket No. 150428405–5539–02] proposed in the rule published on May Southeast Region, NMFS, has 21, 2015 (80 FR 29296), including an RIN 0648–XD927 OFL and an ABC that takes into determined this temporary rule is necessary for the conservation and consideration uncertainty surrounding Fisheries Off West Coast States; management of dolphin off the Atlantic the current estimate of biomass for Coastal Pelagic Species Fisheries; states and is consistent with the Pacific sardine in the U.S. EEZ off the Annual Specifications Magnuson-Stevens Act and other Pacific coast. applicable laws. AGENCY: National Marine Fisheries The FMP and its implementing This action is taken under 50 CFR Service (NMFS), National Oceanic and regulations require NMFS to set these 622.8(c) and 622.280(a)(1)(i) and is Atmospheric Administration (NOAA), annual catch levels for the Pacific exempt from review under Executive Commerce. sardine fishery based on the annual Order 12866. ACTION: Final rule. specification framework and control These measures are exempt from the rules in the FMP. These control rules procedures of the Regulatory Flexibility SUMMARY: NMFS issues this final rule to include the HG control rule, which in Act because the temporary rule is issued implement annual management conjunction with the OFL and ABC without opportunity for prior notice and measures and harvest specifications to rules in the FMP, are used to manage comment. establish the allowable catch levels (i.e. harvest levels for Pacific sardine, in This action responds to the best annual catch limit (ACL)/harvest accordance with the Magnuson-Stevens scientific information available. The guideline (HG)) for the northern Fishery Conservation and Management Assistant Administrator for Fisheries, subpopulation of Pacific sardine Act, 16 U.S.C. 1801 et seq. According to NOAA (AA), finds that the need to (hereafter, simply Pacific sardine), in the FMP, the quota for the principle immediately implement this action to the U.S. exclusive economic zone (EEZ) commercial fishery is determined using temporarily re-open the commercial off the Pacific coast for the fishing the FMP-specified HG formula. The HG sector for dolphin constitutes good season of July 1, 2015, through June 30, formula in the CPS FMP is HG = cause to waive the requirements to 2016. These specifications were [(Biomass-CUTOFF) * FRACTION * provide prior notice and opportunity for determined according to the Coastal DISTRIBUTION] with the parameters public comment pursuant to the Pelagic Species (CPS) Fishery described as follows: authority set forth in 5 U.S.C. 553(b)(B), Management Plan (FMP). This action 1. Biomass. The estimated stock as such procedures are unnecessary and includes a prohibition on directed non- biomass of Pacific sardine age one and contrary to the public interest. Such tribal Pacific sardine commercial fishing above. For the 2015–2016 management procedures are unnecessary because the for Pacific sardine off the coasts of season this is 96,688 mt. rule implementing the commercial ACL Washington, Oregon and California, 2. CUTOFF. This is the biomass level and AMs has been subject to notice and which is required because the estimated below which no HG is set. The FMP comment, and all that remains is to 2015 biomass of Pacific sardine has established this level at 150,000 mt. notify the public of the re-opening. Such dropped below the cutoff threshold in 3. DISTRIBUTION. The average procedures are contrary to the public the HG control rule. Under this action portion of the Pacific sardine biomass interest because of the need to Pacific sardine may still be harvested as estimated in the EEZ off the Pacific immediately implement this action to part of either the live bait or tribal coast. The FMP established this at 87 allow vessels with dolphin to transit fishery or incidental to other fisheries; percent. mstockstill on DSK4VPTVN1PROD with RULES safely and land dolphin harvested in the the incidental harvest of Pacific sardine 4. FRACTION. The temperature- EEZ by June 30, 2015, while minimizing will initially be limited to 40-percent by varying harvest fraction is the the risk of exceeding the commercial weight of all fish per trip when caught percentage of the biomass above 150,000 ACL. Prior notice and opportunity for with other CPS or up to 2 metric tons mt that may be harvested. public comment would require time, (mt) when caught with non-CPS. The As described above, the Pacific would delay the re-opening of the ACL for 2015–2016 Pacific sardine sardine HG control rule, the primary commercial sector, and would fishing year is 7,000 mt. This rule is mechanism for setting the annual VerDate Sep<11>2014 17:11 Jun 26, 2015 Jkt 235001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1


Document Created: 2015-12-15 14:25:13
Document Modified: 2015-12-15 14:25:13
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; re-opening.
DatesThis rule is effective at 4:15 p.m., local time, June 24, 2015, until 12:01 a.m., local time, June 30, 2015.
ContactCatherine Hayslip, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation80 FR 36932 
RIN Number0648-XE01
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