80 FR 8559 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Longline Component
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 32 (February 18, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 32 (February 18, 2015)
| Page Range | 8559-8560 | |
| FR Document | 2015-03317 |
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)] [Rules and Regulations] [Pages 8559-8560] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03317] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257-3325-02] RIN 0648-XD735 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2015 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Longline Component AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure for the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial longline landings for golden tilefish are projected to reach the longline component's commercial annual catch limit (ACL; commercial quota) on February 19, 2015. Therefore, NMFS closes the commercial longline component for golden tilefish in the South Atlantic EEZ on February 19, 2015, and it will remain closed until the start of the next fishing season, January 1, 2016. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective 12:01 a.m., local time, February 19, 2015, until 12:01 a.m., local time, January 1, 2016. FOR FURTHER INFORMATION CONTACT: Britni LaVine, 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 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) by regulations at 50 CFR part 622. On April 23, 2013, NMFS published a final rule to implement Amendment 18B to the FMP (78 FR 23858). Amendment 18B to the FMP established a longline endorsement program for the commercial golden tilefish component of the snapper-grouper fishery and allocated the commercial golden tilefish ACL among two gear groups, the longline and hook-and-line components as commercial quotas. The commercial quota for the longline component for golden tilefish in the South Atlantic is 405,971 lb (184,145 kg), gutted weight, for the current fishing year, January 1 through December 31, 2015, as specified in 50 CFR 622.190(a)(2)(iii). Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the commercial longline component for golden tilefish when the longline component's commercial quota has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. After the commercial quota for the longline component is reached or projected to be reached, golden tilefish may not be fished for or possessed by a vessel with a golden tilefish longline endorsement. NMFS has determined that the commercial quota for the longline component for golden tilefish in the South Atlantic will be reached on February 19, 2015. Accordingly, the commercial longline component for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, February 19, 2015, until 12:01 a.m., local time, January 1, 2016. During the commercial longline closure, golden tilefish may still be harvested commercially using hook-and-line gear. However, a vessel with a golden tilefish longline endorsement is not eligible to fish for or possess golden tilefish using hook-and-line gear under the hook-and- line trip limit, as specified in 50 CFR 622.191(a)(2)(ii). The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper and a valid commercial longline endorsement for golden tilefish having golden tilefish on board must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, February 19, 2015. During the commercial longline closure, the bag limit and possession limits specified in 50 CFR 622.187(b)(2)(iii) and (c)(1), respectively, apply to all harvest or possession of golden tilefish in or from the South Atlantic EEZ by a vessel with a golden tilefish longline endorsement, and the sale or purchase of longline- caught golden tilefish taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of longline-caught golden tilefish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, February 19, 2015, and were held in cold storage by a dealer or processor. Additionally, the bag and possession limits and the sale and purchase provisions of the commercial closure apply to a person on [[Page 8560]] board a vessel with a golden tilefish longline endorsement, regardless of whether the golden tilefish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1). 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, the FMP, and other applicable laws. This action is taken under 50 CFR 622.193(a)(1)(ii) 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 longline 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 for this temporary rule would be unnecessary and contrary to the public interest. Such procedures are unnecessary, because the regulations at 50 CFR 622.193(a)(1)(ii) itself 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 the golden tilefish resource since the capacity of the fishing fleet allows for rapid harvest of the commercial quota for the longline component. Prior notice and opportunity for public comment would require time and would potentially result in a harvest well in excess of the established commercial quota for the longline component. 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: February 12, 2015. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-03317 Filed 2-12-15; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations 8559
poverty rate for the State of North DEPARTMENT OF COMMERCE longline and hook-and-line components
Dakota is 12.1%. Supporting as commercial quotas.
documentation is included in the National Oceanic and Atmospheric The commercial quota for the longline
docket. Administration component for golden tilefish in the
South Atlantic is 405,971 lb (184,145
EPA’s policy on environmental justice kg), gutted weight, for the current
50 CFR Part 622
is to ensure the fair treatment and fishing year, January 1 through
meaningful involvement of all people [Docket No. 120404257–3325–02] December 31, 2015, as specified in 50
regardless of race, color, national origin, CFR 622.190(a)(2)(iii).
or income with respect to the RIN 0648–XD735
Under 50 CFR 622.193(a)(1)(ii), NMFS
development, implementation, and Fisheries of the Caribbean, Gulf of is required to close the commercial
enforcement of environmental laws, Mexico, and South Atlantic; 2015 longline component for golden tilefish
regulations, and policies. Our review Commercial Accountability Measure when the longline component’s
here for this reconsideration action is and Closure for South Atlantic Golden commercial quota has been reached, or
consistent with EPA’s policy. This Tilefish Longline Component is projected to be reached, by filing a
section, along with the supporting notification to that effect with the Office
documentation in the docket, constitute AGENCY: National Marine Fisheries of the Federal Register. After the
EPA’s full analysis of environmental Service (NMFS), National Oceanic and commercial quota for the longline
justice for this action. Atmospheric Administration (NOAA), component is reached or projected to be
Commerce. reached, golden tilefish may not be
J. Congressional Review Act ACTION: Temporary rule; closure. fished for or possessed by a vessel with
a golden tilefish longline endorsement.
This action is subject to the SUMMARY: NMFS implements an NMFS has determined that the
Congressional Review Act, and EPA will accountability measure for the commercial quota for the longline
submit a rule report to each House of commercial longline component for component for golden tilefish in the
the Congress and to the Comptroller golden tilefish in the exclusive South Atlantic will be reached on
General of the United States. This action economic zone (EEZ) of the South February 19, 2015. Accordingly, the
is not a ‘‘major rule’’ as defined by 5 Atlantic. Commercial longline landings commercial longline component for
U.S.C. 804(2). for golden tilefish are projected to reach South Atlantic golden tilefish is closed
the longline component’s commercial effective 12:01 a.m., local time, February
K. Petitions for Judicial Review
annual catch limit (ACL; commercial 19, 2015, until 12:01 a.m., local time,
Under section 307(b)(1) of the CAA, quota) on February 19, 2015. Therefore, January 1, 2016.
petitions for judicial review of this NMFS closes the commercial longline During the commercial longline
action must be filed in the United States component for golden tilefish in the closure, golden tilefish may still be
South Atlantic EEZ on February 19, harvested commercially using hook-
Court of Appeals for the appropriate
2015, and it will remain closed until the and-line gear. However, a vessel with a
circuit by April 20, 2015. Filing a
start of the next fishing season, January golden tilefish longline endorsement is
petition for reconsideration by the not eligible to fish for or possess golden
Administrator of this final rule does not 1, 2016. This closure is necessary to
protect the golden tilefish resource. tilefish using hook-and-line gear under
affect the finality of this action for the the hook-and-line trip limit, as specified
purposes of judicial review nor does it DATES: This rule is effective 12:01 a.m.,
local time, February 19, 2015, until in 50 CFR 622.191(a)(2)(ii). The operator
extend the time within which a petition of a vessel with a valid commercial
for judicial review may be filed, and 12:01 a.m., local time, January 1, 2016.
vessel permit for South Atlantic
shall not postpone the effectiveness of FOR FURTHER INFORMATION CONTACT: snapper-grouper and a valid commercial
such rule or action. This action may not Britni LaVine, telephone: 727–824– longline endorsement for golden tilefish
be challenged later in proceedings to 5305, email: britni.lavine@noaa.gov. having golden tilefish on board must
enforce its requirements. (See section SUPPLEMENTARY INFORMATION: The have landed and bartered, traded, or
307(b)(2).) snapper-grouper fishery of the South sold such golden tilefish prior to 12:01
Atlantic includes golden tilefish and is a.m., local time, February 19, 2015.
List of Subjects in 40 CFR Part 52 managed under the Fishery During the commercial longline closure,
Management Plan for the Snapper- the bag limit and possession limits
Environmental protection, Air
Grouper Fishery of the South Atlantic specified in 50 CFR 622.187(b)(2)(iii)
pollution control, Incorporation by
Region (FMP). The FMP was prepared and (c)(1), respectively, apply to all
reference, Intergovernmental relations, by the South Atlantic Fishery harvest or possession of golden tilefish
Nitrogen dioxides, Particulate matter, Management Council and is in or from the South Atlantic EEZ by a
Reporting and recordkeeping implemented under the authority of the vessel with a golden tilefish longline
requirements, Sulfur dioxide, Volatile Magnuson-Stevens Fishery endorsement, and the sale or purchase
organic compounds. Conservation and Management Act of longline-caught golden tilefish taken
Dated: February 6, 2015. (Magnuson-Stevens Act) by regulations from the EEZ is prohibited. The
Gina McCarthy, at 50 CFR part 622. prohibition on sale or purchase does not
On April 23, 2013, NMFS published apply to the sale or purchase of
Administrator.
a final rule to implement Amendment longline-caught golden tilefish that were
mstockstill on DSK4VPTVN1PROD with RULES
[FR Doc. 2015–03177 Filed 2–17–15; 8:45 am]
18B to the FMP (78 FR 23858). harvested, landed ashore, and sold prior
BILLING CODE 6560–50–P Amendment 18B to the FMP established to 12:01 a.m., local time, February 19,
a longline endorsement program for the 2015, and were held in cold storage by
commercial golden tilefish component a dealer or processor. Additionally, the
of the snapper-grouper fishery and bag and possession limits and the sale
allocated the commercial golden tilefish and purchase provisions of the
ACL among two gear groups, the commercial closure apply to a person on
VerDate Sep<11>2014 17:46 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\18FER1.SGM 18FER1](https://thefederalregister.org/doc/80_FR_8591/page/1.svg)
![8560 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Rules and Regulations
board a vessel with a golden tilefish This action responds to the best immediately implement this action to
longline endorsement, regardless of scientific information available. The protect the golden tilefish resource since
whether the golden tilefish are Assistant Administrator for Fisheries, the capacity of the fishing fleet allows
harvested in state or Federal waters, as NOAA (AA), finds that the need to for rapid harvest of the commercial
specified in 50 CFR 622.190(c)(1). immediately implement this action to quota for the longline component. Prior
Classification close the commercial longline notice and opportunity for public
component for golden tilefish comment would require time and would
The Regional Administrator, constitutes good cause to waive the potentially result in a harvest well in
Southeast Region, NMFS, has excess of the established commercial
requirements to provide prior notice
determined this temporary rule is quota for the longline component.
and opportunity for public comment
necessary for the conservation and
management of South Atlantic golden pursuant to the authority set forth in 5 For the aforementioned reasons, the
tilefish and is consistent with the U.S.C. 553(b)(B), as such procedures for AA also finds good cause to waive the
Magnuson-Stevens Act, the FMP, and this temporary rule would be 30-day delay in the effectiveness of this
other applicable laws. unnecessary and contrary to the public action under 5 U.S.C. 553(d)(3).
This action is taken under 50 CFR interest. Such procedures are Authority: 16 U.S.C. 1801 et seq.
622.193(a)(1)(ii) and is exempt from unnecessary, because the regulations at
50 CFR 622.193(a)(1)(ii) itself have Dated: February 12, 2015.
review under Executive Order 12866.
These measures are exempt from the already been subject to notice and Alan D. Risenhoover,
procedures of the Regulatory Flexibility comment, and all that remains is to Director, Office of Sustainable Fisheries,
Act, because the temporary rule is notify the public of the closure. Such National Marine Fisheries Service.
issued without opportunity for prior procedures are contrary to the public [FR Doc. 2015–03317 Filed 2–12–15; 4:15 pm]
notice and comment. interest, because there is a need to BILLING CODE 3510–22–P
mstockstill on DSK4VPTVN1PROD with RULES
VerDate Sep<11>2014 17:46 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4700 Sfmt 9990 E:\FR\FM\18FER1.SGM 18FER1](https://thefederalregister.org/doc/80_FR_8591/page/2.svg)
Document Created: 2018-02-16 11:10:10
Document Modified: 2018-02-16 11:10:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This rule is effective 12:01 a.m., local time, February 19, 2015, until 12:01 a.m., local time, January 1, 2016. | |
| Contact | Britni LaVine, telephone: 727-824- 5305, email: [email protected] | |
| FR Citation | 80 FR 8559 | |
| RIN Number | 0648-XD73 |
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