[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Page 62575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24924]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 100120037-1626-02]
RIN 0648-XD549
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2014 Accountability Measures and Closure for Commercial Wrasses in the
U.S. Caribbean Off Puerto Rico
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; accountability measure.
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SUMMARY: NMFS implements accountability measures (AMs) for commercial
wrasses in the exclusive economic zone of the U.S. Caribbean (EEZ) off
Puerto Rico for the 2014 fishing year through this temporary rule. NMFS
has determined that the commercial annual catch limit (ACL) for wrasses
off Puerto Rico, as estimated by the Science and Research Director
(SRD), was exceeded based on average landings during the 2011-2012
fishing years. This temporary rule reduces the length of the 2014
commercial fishing season for wrasses off Puerto Rico by the amount
necessary to ensure that landings do not exceed the commercial ACL in
2014. NMFS implements AMs and closes the commercial sector for wrasses
off Puerto Rico at 12:01 a.m., local time, on October 20, 2014, through
the end of the fishing year, December 31, 2014. These AMs are necessary
to protect the Caribbean wrasses resource.
DATES: The AMs for commercial wrasses in the EEZ off Puerto Rico are
effective 12:01 a.m., local time, October 20, 2014, until 12:01 a.m.,
local time, January 1, 2015.
FOR FURTHER INFORMATION CONTACT: William S. Arnold, telephone: 727-824-
5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean,
which includes wrasses (i.e., hogfish (Lachnolaimus maximus),
puddingwife (Halichoeres radiatus), and Spanish hogfish (Bodianus
rufus)), is managed under the Fishery Management Plan for the Reef Fish
Fishery of Puerto Rico and the U.S. Virgin Islands (FMP). The FMP was
prepared by the Caribbean 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. The ACLs specified in this temporary rule are given in round
weight.
The commercial ACL for wrasses in the Puerto Rico management area
is 54,147 lb (24,561 kg), as specified at 50 CFR 622.12(a)(1)(i)(L).
In accordance with regulations at 50 CFR 622.12(a), if landings
from a Caribbean island management area, as specified in Appendix E to
part 622, are estimated by the SRD to have exceeded the applicable ACL,
the Assistant Administrator for Fisheries, NOAA, (AA), will file a
notification with the Office of the Federal Register to reduce the
length of the fishing season for the applicable species or species
groups that year by the amount necessary to ensure landings do not
exceed the applicable ACL, as specified at 50 CFR 622.12(a)(1) for
Puerto Rico management area species or species groups. Landings will be
evaluated relative to the applicable ACL based on a moving multi-year
average of landings, as described in the FMP. The most recent data is
from the 2011 and 2012 fishing years. Data from 2013 are not available
at this time. Therefore, NMFS has determined the commercial ACL for
wrasses based on 2011-2012 data has been exceeded. This temporary rule
implements AMs for the commercial sector for wrasses to reduce the 2014
fishing season to ensure landings do not exceed the commercial ACL for
wrasses in the 2014 fishing year. The 2014 fishing season for the
commercial sector for wrasses in or from the Puerto Rico management
area of the EEZ ends at 12:01 a.m., local time, on October 20, 2014.
The 2015 fishing season begins 12:01 a.m., local time, January 1, 2015.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
wrasses in the U.S. Caribbean off Puerto Rico and is consistent with
the Magnuson-Stevens Act, the FMP, and other applicable laws.
This action is taken under 50 CFR 622.12(a) 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 good cause
to waive the requirements to provide prior notice and opportunity for
public comment pursuant to the authority set forth at 5 U.S.C.
553(b)(B) as such prior notice and opportunity for public comment is
unnecessary and contrary to the public interest. Such procedures are
unnecessary because the rules implementing the ACLs and AMs for these
species and species groups have been subject to notice and comment, and
all that remains is to notify the public that the ACLs were exceeded
and that the AMs for wrasses are being implemented for the 2014 fishing
year. Allowing prior notice and opportunity for public comment is
contrary to the public interest because of the need to immediately
implement this action to protect the wrasses resource. The capacity of
the fishing fleet allows for rapid harvest of the ACL and prior notice
and opportunity for public comment would 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: October 15, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2014-24924 Filed 10-16-14; 11:15 am]
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