[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Rules and Regulations]
[Pages 61262-61263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24220]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 131231999-4319-01]
RIN 0648-BD87
Extension of Temporary Rule That Established Separate Annual
Catch Limits and Accountability Measures for Blueline Tilefish in the
South Atlantic Region
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action extended.
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SUMMARY: NMFS issues this temporary rule to extend the expiration date
of emergency measures implemented to reduce the amount of blueline
tilefish that may be harvested in the exclusive economic zone (EEZ) of
the South Atlantic. NMFS published an emergency rule on April 17, 2014,
to remove the blueline tilefish portion from the deep-water complex
annual catch limit (ACL) and establish separate commercial and
recreational ACLs and accountability measures (AMs) for blueline
tilefish. The intent of this rulemaking is to extend the measures
implemented in the emergency action to reduce overfishing of blueline
tilefish in the South Atlantic while the South Atlantic Fishery
Management Council (Council) develops permanent management measures.
DATES: The expiration date for the temporary rule published at 79 FR
21636, April 17, 2014, is extended from October 14, 2014, through April
18, 2015, unless NMFS publishes a superseding document in the Federal
Register.
ADDRESSES: Electronic copies of the documents in support of this
temporary rule may be obtained from the Southeast Regional Office Web
site at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/acl_er/index.html.
FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional
Office, NMFS, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS and the Council manage South Atlantic
snapper-grouper species, including blueline tilefish, under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The Council 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). The Magnuson-Stevens Act provides the legal authority for
the promulgation of emergency regulations under section 305(c) (16
U.S.C. 1855(c)).
Background
At its December 2013 meeting, the Council requested that NMFS
promulgate emergency regulations to reduce overfishing of blueline
tilefish and rebuild the blueline tilefish stock, based on the most
recent stock assessment conducted for blueline tilefish in 2013, while
permanent management measures and regulations are being developed
through Amendment 32 to the FMP. The need for this emergency action is
to minimize adverse biological effects to the blueline tilefish stock
and adverse socio-economic effects to fishermen and fishing communities
that utilize the blueline tilefish portion of the snapper-grouper
fishery. The Council and NMFS determined that any short-term adverse
socio-economic effects of the temporary measures would be justified to
minimize long-term reductions in harvest that may be required if levels
of unsustainable harvest continued to reduce the biomass of the
blueline tilefish stock. Accordingly, on April 17, 2014, NMFS published
a temporary rule under the Magnuson-Stevens Act to implement emergency
regulations for the blueline tilefish stock in the South Atlantic (74
FR 21636) and requested public comment. That temporary rule is
effective through October 14, 2014.
The measures contained in the temporary rule and this extension,
remove blueline tilefish from the deep-water complex and establish
separate commercial and recreational ACLs and AMs for blueline tilefish
in the EEZ of the South Atlantic. The temporary rule and this extension
implement a blueline tilefish total (commercial and recreational) ACL
of 224,100 lb (101,650 kg), round weight. The commercial ACL for
blueline tilefish is set at 112,207 lb (50,896 kg), round weight, and
the recreational ACL is set at 111,893 lb (50,754 kg), round weight.
The deep-water complex (composed of yellowedge grouper, silk snapper,
misty grouper, queen snapper, sand tilefish, black snapper, and
blackfin snapper) ACL remains at current levels, except with the
blueline tilefish portion of the complex ACL of 631,341 lb (286,371
kg), round weight, removed from the complex. Thus, for the deep-water
complex without blueline tilefish, the
[[Page 61263]]
commercial ACL is 60,371 lb (27,384 kg), round weight, and the
recreational ACL is 19,313 lb (8,760 kg), round weight.
The temporary rule and this extension also establish in-season AMs
for blueline tilefish to prevent these catch limits from being
exceeded. If commercial landings for blueline tilefish reach or are
projected to reach the commercial ACL, NMFS will file a notification
with the Office of the Federal Register to close the commercial sector
for blueline tilefish for the remainder of the fishing year. On and
after the effective date of such a notification, 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 limit. This bag and possession limit applies 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. During the 2014 commercial fishing
season, through AMs implemented in the emergency rule, NMFS closed the
commercial sector for blueline tilefish on June 23, 2014, when NMFS
determined the commercial ACL for blueline tilefish was projected to be
met (79 FR 35292, June 20, 2014). The commercial sector will reopen on
January 1, 2015.
If recreational landings for blueline tilefish reach or are
projected to reach the recreational ACL, NMFS will file a notification
with the Office of the Federal Register to close the recreational
sector for blueline tilefish for the remainder of the fishing year. On
and after the effective date of such notification, the bag and
possession limit of blueline tilefish in or from the South Atlantic EEZ
would be zero. This bag and possession limit would also 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.
The Council requested an extension of the temporary rule at its
September 2014 meeting, and via an October 2, 2014, letter to NMFS, to
ensure that management measures remain in effect for blueline tilefish
to reduce overfishing while more permanent measures are developed
through Amendment 32 to the FMP. Section 305(c)(3)(B) of the Magnuson-
Stevens Act allows for emergency regulations to be extended for one
additional period of 186 days provided that the public has had an
opportunity to comment on the emergency measures and the Council is
actively preparing a plan amendment to address the overfishing on a
permanent basis. If approved, Amendment 32 is scheduled to be
implemented early in the 2015 fishing year.
Comments and Responses
Section 305(c)(3)(B) of the Magnuson-Stevens Act requires that the
public has an opportunity to comment on emergency measures after the
regulation is published and the Council is actively preparing a plan
amendment to address overfishing on a permanent basis. NMFS solicited
public comments in the April 17, 2014, temporary rule but received no
comments on the temporary rule or the emergency measures.
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The Assistant Administrator for
Fisheries, NOAA (AA), has determined that the emergency measures this
temporary rule extends are based upon the best scientific information
available, are necessary for the conservation and management of the
blueline tilefish component of the snapper-grouper fishery and are
consistent with the Magnuson-Stevens Act and other applicable laws. The
Council is developing Amendment 32 to establish long-term measures to
end overfishing of South Atlantic blueline tilefish. Amendment 32, if
approved, is not expected to become effective until the 2015 fishing
year.
This temporary rule has been determined to be not significant for
purposes of Executive Order 12866.
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. Accordingly, no Regulatory Flexibility Analysis is
required and none has been prepared.
The AA finds 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). Providing prior notice and opportunity for
public comment on this action would be contrary to the public interest.
This rule would continue emergency measures implemented by the April
17, 2014, temporary rule, for not more than an additional 186 days
beyond the current expiration date of October 14, 2014. The conditions
prompting the initial temporary rule still remain, and more permanent
measures to be completed through Amendment 32 have not yet been
approved or implemented. Failure to extend these temporary measures,
would result in additional overfishing of the South Atlantic blueline
tilefish stock, which is contrary to the public interest and in
violation of National Standard 1 of the Magnuson-Stevens Act.
For the reasons listed above, the AA also finds good cause to waive
the 30-day delay in effectiveness of the action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: October 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-24220 Filed 10-9-14; 8:45 am]
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