[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Page 32478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14048]
[[Page 32478]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140501394-5279-02]
RIN 0648-XD962
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2015 Recreational Accountability Measure and Closure for Blueline
Tilefish in the South Atlantic Region
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 recreational
blueline tilefish in the exclusive economic zone (EEZ) of the South
Atlantic. The NMFS Science and Research Director estimates that
recreational landings for blueline tilefish have reached the
recreational annual catch limit (ACL). Therefore, NMFS is closing the
recreational sector for blueline tilefish in the South Atlantic EEZ at
12:01 a.m., local time, June 10, 2015, and it will remain closed until
the 2016 recreational fishing season begins on May 1, 2016. This
closure is necessary to protect the blueline tilefish resource.
DATES: This rule is effective 12:01 a.m., local time, June 10, 2015,
until 12:01 a.m., local time, January 1, 2016.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, NMFS Southeast
Region, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes blueline tilefish and is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (FMP). The South Atlantic Fishery Management Council and NMFS
prepared the FMP, and the FMP is implemented under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
NMFS implemented management measures for blueline tilefish in
Amendment 32 to the FMP for the Snapper-Grouper Fishery of the South
Atlantic Region (Amendment 32) (80 FR 16583, March 30, 2015). Amendment
32 contains management measures that end overfishing of blueline
tilefish in the South Atlantic.
NMFS is required to close the recreational sector for blueline
tilefish when the recreational ACL is reached, or is projected to be
reached, by filing a notification to that effect with the Office of the
Federal Register, as specified in 50 CFR 622.193(z)(2)(i). The
recreational ACL for blueline tilefish in 2015 is 17,791 lb (8,070 kg),
round weight. NMFS has determined that the recreational ACL for South
Atlantic blueline tilefish has been reached. Accordingly, the
recreational sector for South Atlantic blueline tilefish is closed
effective June 10, 2015, until 12:01 a.m., local time, January 1, 2016,
the start of the next fishing year. However, as described in 50 CFR
622.183(b)(7), the recreational sector for blueline tilefish is also
closed from January 1 through April 30, and September 1 through
December 31, each year. Therefore, the recreational sector may not
harvest blueline tilefish until May 1, 2016.
During the closure, the bag and possession limits for blueline
tilefish in or from the South Atlantic EEZ are zero. Additionally, NMFS
closed the commercial sector for blueline tilefish effective April 7,
2015, upon reaching the commercial ACL (80 FR 18551, April 7, 2015).
Therefore, on June 10, 2015, no commercial or recreational harvest of
blueline tilefish from the South Atlantic EEZ is permitted for the
remainder of 2015. The commercial sector for blueline tilefish reopens
on January 1, 2016.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
blueline tilefish and the South Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(z)(2)(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 close the recreational
sector for blueline 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
prior notice and opportunity for public comment are unnecessary and
contrary to the public interest. Such procedures are unnecessary
because the regulations at 50 CFR 622.193(z)(2)(i) 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 blueline tilefish, since the capacity of the recreational
sector allows for rapid harvest of the recreational ACL. Prior notice
and opportunity for public comment would require time and would
potentially result in a harvest well in excess of the established
recreational 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 4, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-14048 Filed 6-5-15; 8:45 am]
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