Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2014 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Longline Component, 12411-12412 [2014-04858]

Download as PDF Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations sroberts on DSK5SPTVN1PROD with RULES Dated: February 24, 2014. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. limit (ACL) on March 5, 2014. Therefore, NMFS closes the commercial longline component for golden tilefish in the South Atlantic EEZ on March 5, 2014, and it will remain closed until the Therefore, 40 CFR chapter I is start of the next fishing season, January amended as follows: 1, 2015. This closure is necessary to protect the golden tilefish resource. PART 180—[AMENDED] DATES: This rule is effective 12:01 a.m., local time, March 5, 2014, until 12:01 ■ 1. The authority citation for part 180 a.m., local time, January 1, 2015. continues to read as follows: FOR FURTHER INFORMATION CONTACT: Authority: 21 U.S.C. 321(q), 346a and 371. Catherine Hayslip, telephone: 727–824– ■ 2. In § 180.617, paragraph (a), revise the following entries in the table to read 5305, email: Catherine.Hayslip@ noaa.gov. as follows: SUPPLEMENTARY INFORMATION: The § 180.617 Metconazole; tolerances for snapper-grouper fishery of the South residues. Atlantic includes golden tilefish and is (a) * * * managed under the Fishery Management Plan for the SnapperParts per Commodity Grouper Fishery of the South Atlantic million Region (FMP). The FMP was prepared by the South Atlantic Fishery * * * * * Management Council and is Corn, field, stover ................. 30 implemented under the authority of the Magnuson-Stevens Fishery * * * * * Conservation and Management Act by regulations at 50 CFR part 622. Corn, pop, stover .................. 30 On April 23, 2013, NMFS published a final rule for Amendment 18B to the * * * * * FMP (78 FR 23858). Amendment 18B to the FMP established a longline * * * * * endorsement program for the [FR Doc. 2014–04865 Filed 3–4–14; 8:45 am] commercial golden tilefish component BILLING CODE 6560–50–P of the snapper-grouper fishery and allocated the commercial golden tilefish ACL among two gear groups, the DEPARTMENT OF COMMERCE longline and hook-and-line components. The commercial ACL (commercial National Oceanic and Atmospheric quota) for the longline component for Administration golden tilefish in the South Atlantic is 405,971 lb (184,145 kg), gutted weight, 50 CFR Part 622 for the current fishing year, January 1 [Docket No. 120404257–3325–02] through December 31, 2014, as specified in 50 CFR 622.190(a)(2)(iii). RIN 0648–XD118 Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the commercial Fisheries of the Caribbean, Gulf of longline component for golden tilefish Mexico, and South Atlantic; 2014 when the longline component’s Commercial Accountability Measure commercial ACL (commercial quota) and Closure for South Atlantic Golden has been reached, or is projected to be Tilefish Longline Component reached, by filing a notification to that effect with the Office of the Federal AGENCY: National Marine Fisheries Register. After the commercial ACL for Service (NMFS), National Oceanic and the longline component is reached or Atmospheric Administration (NOAA), projected to be reached, golden tilefish Commerce. may not be fished for or possessed by ACTION: Temporary rule; closure. a vessel with a golden tilefish longline SUMMARY: NMFS implements endorsement. NMFS has determined accountability measures for the that the commercial ACL (commercial commercial longline component for quota) for the longline component for golden tilefish in the exclusive golden tilefish in the South Atlantic will economic zone (EEZ) of the South have been reached by March 5, 2014. Atlantic. Commercial longline landings Accordingly, the commercial longline for golden tilefish, as estimated by the component for South Atlantic golden Science and Research Director (SRD), tilefish is closed effective 12:01 a.m., are projected to reach the longline local time, March 5, 2014, until 12:01 component’s commercial annual catch a.m., local time, January 1, 2015. VerDate Mar<15>2010 17:53 Mar 04, 2014 Jkt 232001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 12411 During the commercial longline closure, golden tilefish may still be harvested commercially using hookand-line gear. However, vessels with golden tilefish longline endorsements are not eligible to fish for 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 snappergrouper and a valid commercial longline endorsement for golden tilefish having golden tilefish onboard must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, March 5, 2014. 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) 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 available scientific information recently obtained from the fishery. 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 would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. 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 golden tilefish since the capacity of the fishing fleet allows for rapid harvest of the commercial ACL (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 ACL (commercial quota) for the longline component. E:\FR\FM\05MRR1.SGM 05MRR1 12412 Federal Register / Vol. 79, No. 43 / Wednesday, March 5, 2014 / Rules and Regulations 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 28, 2014. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–04858 Filed 2–28–14; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 130528511–4171–03] RIN 0648–BD31 Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Commercial, Limited Entry Pacific Coast Groundfish Fishery; Program Improvement and Enhancement; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. AGENCY: This action contains two corrections to the limited entry Pacific coast groundfish fishery’s Program Improvement and Enhancement (PIE 2) regulations that published in the Federal Register on November 15, 2013. This document adds a Vessel Limit table that was inadvertently deleted and revises a section to replace language that was inadvertently removed by the Pacific coast groundfish fishery’s Cost Recovery final rule that published December 11, 2013. DATES: This rule is effective March 5, 2014. SUMMARY: FOR FURTHER INFORMATION CONTACT: Ariel Jacobs, 206–526–4491; Ariel.Jacobs@noaa.gov. SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with RULES Background The Program Improvement and Enhancement rule (PIE 2) implemented revisions to the Pacific coast groundfish trawl rationalization program (program), a catch share program, and included clarifications of regulations that affect VerDate Mar<15>2010 15:46 Mar 04, 2014 Jkt 232001 the limited entry trawl and limited entry fixed gear sectors managed under the Pacific Coast Groundfish Fishery Management Plan (FMP). Additional background information regarding each of these revisions and clarifications was described in detail in the proposed rule (78 FR 43125, July 19, 2013) and in the final rule (78 FR 68764, November 15, 2013), and that information is not repeated here. An error in amendatory language resulted in the deletion of the Vessel Limit table at § 660.140 (e)(4)(i). This correction restores the Vessel Limit table to § 660.140 (e)(4)(i) following the introductory paragraph. Implementation of the Cost Recovery Program for the Pacific coast groundfish trawl rationalization program (78 FR 75268, December 11, 2013) revised regulations at § 660.140 (f)(6) by adding a requirement that cost recovery fees be paid before a first receiver site license will be reissued (‘‘NMFS will not reissue a first receiver site license until all required cost recovery program fees, as specified at § 660.115, associated with that license have been paid.’’). At the time the cost recovery final rule published, the PIE 2 final rule had published but was not yet effective, and the existing paragraph at § 660.140 (f)(6) had not been revised to reflect necessary changes implemented by PIE 2 to the first receiver site license renewal process. Consequently, in addition to adding a necessary requirement for cost recovery at § 660.140 (f)(6), the cost recovery final rule also overwrote necessary revisions contained in the PIE 2 regulations. This correction revises § 660.140 (f)(6) to reinstate language that was implemented by PIE 2 (78 FR 68764, November 15, 2013) and incorrectly removed by the cost recovery rule (78 FR 75268, December 11, 2013); the correction includes the language added by the Cost Recovery final rule (‘‘NMFS will not reissue a first receiver site license until all required cost recovery program fees, as specified at § 660.115, associated with that license have been paid’’). Classification The Assistant Administrator (AA) for Fisheries, NOAA, finds that pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be unnecessary, and contrary to the public interest. This document adds a Vessel Limit table that was incorrectly deleted PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 at § 660.140 (e)(4)(i) and revises § 660.140 (f)(6) to replace language that was incorrectly removed or revised by 78 FR 75268 (December 11, 2013). Providing notice and comment on these changes is unnecessary because all are non-substantive and have no effect on the public or the operation of the fishery. Moreover, allowing inconsistencies in regulatory text is contrary to the public interest, because it could affect the enforceability of the regulations, and because inaccurate regulations could lead to public confusion and potentially to incorrect behavior. For the same reasons above, the AA finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and makes this rule effective immediately upon publication. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian fisheries. Dated: February 28, 2014. Paul N. Doremus, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is corrected by making the following correcting amendments: PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. 2. In § 660.140, revise paragraphs (e)(4)(i) and (f)(6) to read as follows: § 660.140 Shorebased IFQ Program. * * * * * (e) * * * (4) * * * (i) Vessel limits. For each IFQ species or species group specified in this paragraph, vessel accounts may not have QP or IBQ pounds in excess of the QP vessel limit (annual limit) in any year, and, for species covered by unused QP vessel limits (daily limit), may not have QP or IBQ pounds in excess of the unused QP vessel limit at any time. The QP vessel limit (annual limit) is calculated as all QPs transferred in minus all QPs transferred out of the vessel account. The unused QP vessel limits (daily limit) is calculated as unused available QPs plus any pending outgoing transfer of QPs. E:\FR\FM\05MRR1.SGM 05MRR1

Agencies

[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Rules and Regulations]
[Pages 12411-12412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04858]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XD118


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2014 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.

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SUMMARY: NMFS implements accountability measures for the commercial 
longline component for golden tilefish in the exclusive economic zone 
(EEZ) of the South Atlantic. Commercial longline landings for golden 
tilefish, as estimated by the Science and Research Director (SRD), are 
projected to reach the longline component's commercial annual catch 
limit (ACL) on March 5, 2014. Therefore, NMFS closes the commercial 
longline component for golden tilefish in the South Atlantic EEZ on 
March 5, 2014, and it will remain closed until the start of the next 
fishing season, January 1, 2015. This closure is necessary to protect 
the golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, March 5, 2014, 
until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: Catherine.Hayslip@noaa.gov.

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 by regulations 
at 50 CFR part 622.
    On April 23, 2013, NMFS published a final rule for 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.
    The commercial ACL (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, 2014, 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 ACL (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 ACL 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 
ACL (commercial quota) for the longline component for golden tilefish 
in the South Atlantic will have been reached by March 5, 2014. 
Accordingly, the commercial longline component for South Atlantic 
golden tilefish is closed effective 12:01 a.m., local time, March 5, 
2014, until 12:01 a.m., local time, January 1, 2015.
    During the commercial longline closure, golden tilefish may still 
be harvested commercially using hook-and-line gear. However, vessels 
with golden tilefish longline endorsements are not eligible to fish for 
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 onboard must have landed and bartered, 
traded, or sold such golden tilefish prior to 12:01 a.m., local time, 
March 5, 2014.

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) 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 available scientific information 
recently obtained from the fishery. 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 would be 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule itself has been subject to notice and 
comment, and all that remains is to notify the public of the closure.
    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 golden tilefish since the capacity of 
the fishing fleet allows for rapid harvest of the commercial ACL 
(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 ACL 
(commercial quota) for the longline component.

[[Page 12412]]

    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 28, 2014.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2014-04858 Filed 2-28-14; 4:15 pm]
BILLING CODE 3510-22-P

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