Temporary Rule To Establish Separate Annual Catch Limits and Accountability Measures for Blueline Tilefish in the South Atlantic Region, 21636-21639 [2014-08724]

Download as PDF 21636 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Railroad Administration 49 CFR Part 229 CFR Correction In Title 49 of the Code of Federal Regulations, Parts 200 to 299, revised as of October 1, 2013, on page 501, § 229.17 is reinstated to read as follows: Accident reports. (a) In the case of an accident due to a failure from any cause of a locomotive or any part or appurtenance of a locomotive, or a person coming in contact with an electrically energized part or appurtenance, that results in serious injury or death of one or more persons, the carrier operating the locomotive shall immediately report the accident by toll free telephone, Area Code 800–424–0201. The report shall state the nature of the accident, number of persons killed or seriously injured, the place at which it occurred, the location at which the locomotive or the affected parts may be inspected by the FRA, and the name, title and phone number of the person making the call. The locomotive or the part or parts affected by the accident shall be preserved intact by the carrier until after the FRA inspection. (b) Written confirmation of the oral report required by paragraph (a) of this section shall be immediately mailed to the Federal Railroad Administration, RRS–25, Washington, D.C. 20590, and contain a detailed description of the accident, including to the extent known, the causes and the number of persons killed and injured. The written report required by this paragraph is in addition to the reporting requirements of 49 CFR Part 225. [FR Doc. 2014–08931 Filed 4–16–14; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 wreier-aviles on DSK5TPTVN1PROD with RULES [Docket No. 131231999–4319–01] RIN 0648–BD87 Temporary Rule To Establish Separate Annual Catch Limits and Accountability Measures for Blueline Tilefish in the South Atlantic Region National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Mar<15>2010 17:35 Apr 16, 2014 Jkt 232001 NMFS issues this temporary rule to reduce the amount of blueline tilefish that may be harvested in the exclusive economic zone (EEZ) of the South Atlantic by removing the blueline tilefish portion from the deep-water complex annual catch limit (ACL) and establishing separate commercial and recreational ACLs and accountability measures (AMs) for blueline tilefish. At its December 2013 meeting, the South Atlantic Fishery Management Council (Council) requested emergency action regarding blueline tilefish given new stock assessment results that indicate the blueline tilefish stock is overfished and undergoing overfishing in the South Atlantic. This temporary rule is based upon the best scientific information available, and will be effective for 180 days, unless superseded by subsequent rulemaking. NMFS may extend the rule’s effectiveness for an additional 186 days pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The intent of this rulemaking is to reduce overfishing of blueline tilefish in the South Atlantic. DATES: This temporary rule is effective April 17, 2014, through October 14, 2014. Comments may be submitted through May 19, 2014. ADDRESSES: You may submit comments on the temporary rule, identified by ‘‘NOAA–NMFS–2014–0027’’, by any of the following methods: • Electronic submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20140027, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. • Mail: Submit written comments to Rick DeVictor, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will SUMMARY: Locomotive Safety Standards § 229.17 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action. PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Electronic copies of the documents in support of this temporary rule may be obtained from the Southeast Regional Office Web site at https:// sero.nmfs.noaa.gov/sustainable_ fisheries/s_atl/sg/2014/acl_er/ index.html. Rick DeVictor, Southeast Regional Office, NMFS, telephone: 727–824–5305, email: Rick.DeVictor@noaa.gov. FOR FURTHER INFORMATION CONTACT: NMFS and the Council manage South Atlantic snapper-grouper species, including blueline tilefish, under the Fishery Management Plan for the SnapperGrouper 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 MagnusonStevens 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)). SUPPLEMENTARY INFORMATION: Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks. These mandates are intended to ensure that fishery resources are managed for the greatest overall benefit to the nation, particularly with respect to providing food production and recreational opportunities, and protecting marine ecosystems. To further this goal, the Magnuson-Stevens Act requires fishery managers to end overfishing of stocks and to minimize bycatch and bycatch mortality to the extent practicable. On March 16, 2012, NMFS published a final rule for the Comprehensive ACL Amendment (77 FR 15916) which established a deep-water complex ACL for yellowedge grouper, blueline tilefish, silk snapper, misty grouper, sand tilefish, queen snapper, black snapper, and blackfin snapper. The commercial ACL for the deep-water complex is 376,469 lb (170,763 kg), round weight, and the recreational ACL for the deep-water complex is 334,556 lb (151,752 kg), round weight, for a total E:\FR\FM\17APR1.SGM 17APR1 wreier-aviles on DSK5TPTVN1PROD with RULES Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations deep-water complex ACL of 711,025 lb (322,516 kg), round weight. Within the deep-water complex commercial ACL, the blueline tilefish portion is 316,098 lb (143,380 kg), round weight, and within deepwater complex recreational ACL, the blueline tilefish portion is 315,243 lb (142,992 kg), round weight. The blueline tilefish portion of the total deep-water complex ACL is 631,341 lb (286,371 kg), round weight. The blueline tilefish stock in the South Atlantic was assessed through the Southeast, Data, Assessment, and Review (SEDAR) process in 2013. The assessment indicates that the stock is experiencing overfishing and is overfished according to the current definition for the minimum stock size threshold (MSST). NMFS notified the Council of the blueline tilefish stock status on December 6, 2013. The Magnuson-Stevens Act specifies that measures to end overfishing and rebuild the stock must be implemented within 2 years of such notification. At its December 2013 meeting, the Council initiated the development of Amendment 32 to the FMP to address this issue. The Council and NMFS, through actions in Amendment 32, plan to develop and propose management actions that would end overfishing immediately and rebuild the blueline tilefish stock. However, Amendment 32 and associated rulemaking is not likely to be completed until 2015. Therefore, at its December 2013 meeting, the Council requested emergency action to begin in 2014 to reduce overfishing of blueline tilefish while permanent management measures and regulations are being developed through Amendment 32. The need for this emergency action is to minimize adverse biological effects to the blueline tilefish stock and adverse socioeconomic effects to fishermen and fishing communities that utilize the blueline tilefish portion of the snappergrouper fishery. Although the actions in this temporary rule, if implemented, would likely have adverse, socioeconomic effects beginning in 2014, the Council and NMFS have determined that the short-term effects would be justified to minimize long-term reductions in harvest that may be required if the current levels of unsustainable harvest continue to reduce the biomass of the blueline tilefish stock. The blueline tilefish landings in 2012 of 477,126 lb (216,421 kg), round weight, were much greater than the maximum sustainable yield (MSY) at equilibrium (226,500 lb (102,739 kg), round weight), as determined by the SEDAR 32 stock assessment. Continued exploitation at VerDate Mar<15>2010 17:35 Apr 16, 2014 Jkt 232001 levels similar to the 2012 landings would negatively affect the health of the blueline tilefish stock by allowing overfishing to continue. Need for This Temporary Rule; Emergency Action The ‘‘Policy Guidelines for the Use of Emergency Rules’’ (62 FR 44421, August 21, 1997) list three criteria for determining whether an emergency exists. (1) Results from recent, unforeseen events or recently discovered circumstances; and (2) Presents serious conservation or management problems in the fishery; and (3) Can be addressed through emergency regulations for which the immediate benefits outweigh the value of advance notice, public comment, and deliberative consideration of the impacts to the same extent as would be expected under the normal rulemaking process. NMFS is promulgating these emergency regulations under the authority of the Magnuson-Stevens Act, consistent with these three criteria. To address the first criterion, the recently discovered circumstance is the new stock assessment (SEDAR 32) results indicating that the blueline tilefish stock in the South Atlantic is experiencing overfishing and is overfished according to the current definition for the MSST. To address the second criterion, the measures in this temporary rule are necessary to reduce the current level of overfishing of blueline tilefish in the South Atlantic EEZ while permanent measures are being developed, in order to address the serious conservation concern. If this temporary rule is not implemented, the current rate of fishing mortality would continue to negatively affect the health of the blueline tilefish stock by allowing fishing at unsustainable levels. The actions in the temporary rule are expected to minimize the long-term adverse socioeconomic effects from future management measures in Amendment 32 that will be required to end overfishing. To address the third criterion, NMFS has determined that the immediate benefit of implementing the temporary rule, and thus the immediate minimization of adverse biological effects of significant overharvest and reduction of blueline tilefish biomass outweighs the value of advance notice, public comment, and deliberative consideration of the impacts to the same extent as would be expected under the normal rulemaking process. Continued harvest at levels similar to the 2012 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 21637 landings would negatively affect the health of the blueline tilefish stock and likely require greater long-term reductions in harvest. This emergency action will minimize adverse biological effects described above and minimize long-term adverse socio-economic effects to fishermen and fishing communities that utilize the blueline tilefish resource. This temporary rule implements a blueline tilefish total ACL of 224,100 lb (101,650 kg), round weight; in contrast, the current total blueline tilefish portion of the deepwater complex ACL is 631,341 lb (286,371 kg), round weight. This temporary rule also establishes inseason commercial and recreational AMs for blueline tilefish to prevent these catch limits from being exceeded. Commercial and recreational fishing activities are already underway for the 2014 fishing season that began on January 1, 2014. By foregoing prior notice and public comment, NMFS can ensure that the overfishing of blueline tilefish is reduced during this fishing season. Measures Contained in This Temporary Rule This temporary rule removes the blueline tilefish from the deep-water complex and establishes separate commercial and recreational ACLs and AMs for blueline tilefish in the EEZ of the South Atlantic. The commercial and recreational ACLs for blueline tilefish will be based upon the equilibrium yield at 75 percent of the fishing mortality to achieve MSY and existing sector allocations (50.07 percent commercial and 49.93 percent recreational) that were established in the Comprehensive ACL Amendment. This temporary rule implements a blueline tilefish total (commercial and recreational) ACL of 224,100 lb (101,650 kg), round weight; the current total (commercial and recreational) blueline tilefish portion of the deep-water complex ACL is 631,341 lb (286,371 kg), round weight. The commercial ACL for blueline tilefish in the South Atlantic implemented through this temporary rule is 112,207 lb (50,896 kg), round weight. The recreational ACL for blueline tilefish in the South Atlantic implemented through this temporary rule is 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 would remain at current levels, except with the current blueline tilefish portion of 631,341 lb (286,371 kg), round weight, removed. E:\FR\FM\17APR1.SGM 17APR1 wreier-aviles on DSK5TPTVN1PROD with RULES 21638 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations Thus, for the deep-water complex without blueline tilefish, the commercial ACL implemented through this temporary rule is 60,371 lb (27,384 kg), round weight, and the recreational ACL is 19,313 lb (8,760 kg), round weight. This temporary rule establishes inseason 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 would be prohibited and harvest or possession of blueline tilefish in or from the South Atlantic EEZ would be 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. 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. This temporary rule does not establish post-season AMs for blueline tilefish as post-season AMs are ineffective for temporary actions as any changes to the regulations can only be in effect for a limited time. The current complex-level in-season and post-season commercial and recreational AMs remain in place for the remaining species within the deepwater complex (composed of yellowedge grouper, silk snapper, misty grouper, queen snapper, sand tilefish, black snapper, and blackfin snapper). If commercial landings for the deep-water VerDate Mar<15>2010 17:35 Apr 16, 2014 Jkt 232001 complex, as estimated by the SRD, reach or are projected to reach the commercial ACL, the AA will file a notification with the Office of the Federal Register to close the commercial sector for this complex for the remainder of the fishing year. On and after the effective date of such a notification, all sale or purchase of deep-water complex species is prohibited and harvest or possession of these species in or from the South Atlantic EEZ would be limited to the bag and possession limit. This bag and possession limit would 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. Additionally, if commercial landings for the deep-water complex exceed the ACL, and at least one of the species in the deep-water complex is overfished, based on the most recent Status of U.S. Fisheries Report to Congress, the AA will file a notification with the Office of the Federal Register, at or near the beginning of the following fishing year to reduce the ACL for that following year by the amount of the overage in the prior fishing year. For the recreational sector, if recreational landings for the deep-water complex exceed the recreational ACL then during the following fishing year, recreational landings would be monitored for a persistence in increased landings and, if necessary, NMFS would reduce the length of the following recreational fishing season by the amount necessary to ensure recreational landings do not exceed the recreational ACL in the following fishing year. 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 this temporary rule is based upon the best scientific information available, is necessary for the conservation and management of the blueline tilefish component of the snapper-grouper fishery and is consistent with the Magnuson-Stevens Act and other applicable laws, subject to further consideration after public comment. This temporary rule has been determined to be not significant for purposes of Executive Order 12866. The AA finds good cause to waive the requirements to provide prior notice PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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. The blueline tilefish stock in the South Atlantic was assessed through SEDAR 32 in 2013. The assessment indicates that the stock is overfished and is undergoing overfishing. NMFS is implementing this emergency action to reduce overfishing of blueline tilefish while permanent management measures and regulations are being developed. The reduced ACLs for blueline tilefish and in-season AMs must be implemented immediately to minimize adverse biological effects to the blueline tilefish stock and long-term adverse socio-economic effects to fishermen and fishing communities that utilize the blueline tilefish portion of the snapper-grouper fishery. Continued harvest at levels similar to the 2012 landings would negatively affect the health of the blueline tilefish stock. More severe long-term reductions in harvest may be required if emergency action is not taken and the unsustainable harvest continues to reduce the blueline tilefish biomass. The fishing season opened January 1, 2014. In order to have an impact on reducing overfishing of blueline tilefish during the current fishing season, the new commercial and recreational ACLs and AMs for blueline tilefish must become effective immediately. For the reasons listed above, the AA also finds good cause to waive the 30day delay in effectiveness of the action under 5 U.S.C. 553(d)(3). 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. List of Subjects in 50 CFR Part 622 Blueline tilefish, Deep-water complex, Emergency action, Fisheries, Fishing, South Atlantic. Dated: April 11, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: E:\FR\FM\17APR1.SGM 17APR1 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations length of the recreational season will also not be reduced during the following fishing year if the RA determines, using the best scientific information available, ■ 1. The authority citation for part 622 that a reduction in the length of the continues to read as follows: following fishing season is unnecessary. Authority: 16 U.S.C. 1801 et seq. (aa) Blueline tilefish—(1) Commercial ■ 2. In § 622.193, paragraph (h) is sector. If commercial landings for the suspended and paragraphs (z) and (aa) blueline tilefish, as estimated by the are added to read as follows: SRD, reach or are projected to reach the commercial ACL of 112,207 lb (50,896 § 622.193 Annual catch limits (ACLs), annual catch targets (ACTs), and kg), round weight, the AA will file a accountability measures (AMs). notification with the Office of the * * * * * Federal Register to close the commercial (z) Deep-water complex (including sector for the remainder of the fishing yellowedge grouper, silk snapper, misty year. On and after the effective date of grouper, queen snapper, sand tilefish, such a notification, all sale or purchase black snapper, and blackfin snapper)— of blueline tilefish is prohibited and (1) Commercial sector—(i) If commercial harvest or possession of blueline tilefish landings for the deep-water complex, as in or from the South Atlantic EEZ is estimated by the SRD, reach or are limited to the bag and possession limit. projected to reach the commercial ACL This bag and possession limit applies in of 60,371 lb (27,384 kg), round weight, the South Atlantic on board a vessel for the AA will file a notification with the which a valid Federal commercial or Office of the Federal Register to close charter vessel/headboat permit for the commercial sector for this complex for the remainder of the fishing year. On South Atlantic snapper-grouper has been issued, without regard to where and after the effective date of such a such species were harvested, i.e., in notification, all sale or purchase of state or Federal waters. deep-water complex species is prohibited and harvest or possession of (2) Recreational sector. If recreational these species in or from the South landings of blueline tilefish, as Atlantic EEZ is limited to the bag and estimated by the SRD, reach or are possession limit. This bag and projected to reach the recreational ACL possession limit applies in the South of 111,893 lb (50,754 kg), round weight, Atlantic on board a vessel for which a then the AA will file a notification with valid Federal commercial or charter the Office of the Federal Register to vessel/headboat permit for South close the recreational sector for blueline Atlantic snapper-grouper has been tilefish for the remainder of the fishing issued, without regard to where such year. On and after the effective date of species were harvested, i.e., in state or such notification, the bag and Federal waters. (ii) If commercial landings exceed the possession limit of blueline tilefish in or from the South Atlantic EEZ is zero. ACL, and at least one of the species in This bag and possession limit also the deep-water complex is overfished, based on the most recent Status of U.S. applies in the South Atlantic on board Fisheries Report to Congress, the AA a vessel for which a valid Federal will file a notification with the Office of commercial or charter vessel/headboat the Federal Register, at or near the permit for South Atlantic snapperbeginning of the following fishing year grouper has been issued, without regard to reduce the ACL for that following to where such species were harvested, year by the amount of the overage in the i.e., in state or Federal waters. prior fishing year. [FR Doc. 2014–08724 Filed 4–16–14; 8:45 am] (2) Recreational sector. If recreational landings for the deep-water complex, as BILLING CODE 3510–22–P estimated by the SRD, exceed the recreational ACL of 19,313 lb (8,760 kg), round weight, then during the following fishing year, recreational landings will be monitored for a persistence in increased landings and, if necessary, the AA will file a notification with the Office of the Federal Register, to reduce the length of the following recreational fishing season by the amount necessary to ensure recreational landings do not exceed the recreational ACL in the following fishing year. However, the wreier-aviles on DSK5TPTVN1PROD with RULES PART 622—FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC VerDate Mar<15>2010 14:50 Apr 16, 2014 Jkt 232001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 21639 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 130808694–4318–02] RIN 0648–BD37 Fisheries off West Coast States; Pacific Coast Groundfish Fishery Management Plan; Commercial Groundfish Fishery Management Measures; Rockfish Conservation Area Boundaries for Vessels Using Bottom Trawl Gear National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: This final rule will implement revisions to the boundaries of the Rockfish Conservation Area (RCA) that is currently closed to vessels fishing groundfish with bottom trawl gear. This rule will affect the limited entry bottom trawl sector managed under the Pacific Coast Groundfish Fishery Management Plan (FMP) by liberalizing RCA boundaries to improve access to target species. DATES: Effective on April 17, 2014. ADDRESSES: NMFS prepared a Final Regulatory Flexibility Analysis (FRFA), which is summarized in the Classification section of this final rule. NMFS also prepared an Initial Regulatory Flexibility Analysis (IRFA) for the proposed rule. Copies of the IRFA, FRFA the Small Entity Compliance Guide, and the Environmental Assessment (EA) NMFS prepared for this action are available from the NMFS West Coast Regional Office: William W. Stelle, Jr., Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115–0070; Attn: Colby Brady. This final rule also is accessible via the Internet at the Federal eRulemaking portal at https:// www.regulations.gov, identified by NOAA–NMFS–2013–0134, or at the Office of the Federal Register Web site at https://www.access.gpo.gov. Background information and documents, including electronic copies of the Final Regulatory Flexibility Analysis (FRFA) prepared for this action may are available at the NMFS West Coast Region Web site at https:// www.westcoast.fisheries.noaa.gov/ fisheries/management.html and at the Council’s Web site at https:// www.pcouncil.org. SUMMARY: E:\FR\FM\17APR1.SGM 17APR1

Agencies

[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21636-21639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08724]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 131231999-4319-01]
RIN 0648-BD87


Temporary Rule To Establish 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.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this temporary rule to reduce the amount of 
blueline tilefish that may be harvested in the exclusive economic zone 
(EEZ) of the South Atlantic by removing the blueline tilefish portion 
from the deep-water complex annual catch limit (ACL) and establishing 
separate commercial and recreational ACLs and accountability measures 
(AMs) for blueline tilefish. At its December 2013 meeting, the South 
Atlantic Fishery Management Council (Council) requested emergency 
action regarding blueline tilefish given new stock assessment results 
that indicate the blueline tilefish stock is overfished and undergoing 
overfishing in the South Atlantic. This temporary rule is based upon 
the best scientific information available, and will be effective for 
180 days, unless superseded by subsequent rulemaking. NMFS may extend 
the rule's effectiveness for an additional 186 days pursuant to the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). The intent of this rulemaking is to reduce overfishing of 
blueline tilefish in the South Atlantic.

DATES: This temporary rule is effective April 17, 2014, through October 
14, 2014. Comments may be submitted through May 19, 2014.

ADDRESSES: You may submit comments on the temporary rule, identified by 
``NOAA-NMFS-2014-0027'', by any of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0027, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Rick DeVictor, Southeast 
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Electronic copies of the documents in support of this temporary 
rule may be obtained from the Southeast Regional Office Web site at 
https://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/acl_er/.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: Rick.DeVictor@noaa.gov.

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 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

    The Magnuson-Stevens Act requires NMFS and regional fishery 
management councils to prevent overfishing and achieve, on a continuing 
basis, the optimum yield from federally managed fish stocks. These 
mandates are intended to ensure that fishery resources are managed for 
the greatest overall benefit to the nation, particularly with respect 
to providing food production and recreational opportunities, and 
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act requires fishery managers to end overfishing of stocks and 
to minimize bycatch and bycatch mortality to the extent practicable.
    On March 16, 2012, NMFS published a final rule for the 
Comprehensive ACL Amendment (77 FR 15916) which established a deep-
water complex ACL for yellowedge grouper, blueline tilefish, silk 
snapper, misty grouper, sand tilefish, queen snapper, black snapper, 
and blackfin snapper. The commercial ACL for the deep-water complex is 
376,469 lb (170,763 kg), round weight, and the recreational ACL for the 
deep-water complex is 334,556 lb (151,752 kg), round weight, for a 
total

[[Page 21637]]

deep-water complex ACL of 711,025 lb (322,516 kg), round weight. Within 
the deep-water complex commercial ACL, the blueline tilefish portion is 
316,098 lb (143,380 kg), round weight, and within deepwater complex 
recreational ACL, the blueline tilefish portion is 315,243 lb (142,992 
kg), round weight. The blueline tilefish portion of the total deep-
water complex ACL is 631,341 lb (286,371 kg), round weight.
    The blueline tilefish stock in the South Atlantic was assessed 
through the Southeast, Data, Assessment, and Review (SEDAR) process in 
2013. The assessment indicates that the stock is experiencing 
overfishing and is overfished according to the current definition for 
the minimum stock size threshold (MSST). NMFS notified the Council of 
the blueline tilefish stock status on December 6, 2013. The Magnuson-
Stevens Act specifies that measures to end overfishing and rebuild the 
stock must be implemented within 2 years of such notification.
    At its December 2013 meeting, the Council initiated the development 
of Amendment 32 to the FMP to address this issue. The Council and NMFS, 
through actions in Amendment 32, plan to develop and propose management 
actions that would end overfishing immediately and rebuild the blueline 
tilefish stock. However, Amendment 32 and associated rulemaking is not 
likely to be completed until 2015.
    Therefore, at its December 2013 meeting, the Council requested 
emergency action to begin in 2014 to reduce overfishing of blueline 
tilefish while permanent management measures and regulations are being 
developed through Amendment 32. 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. Although the actions in this temporary rule, if implemented, 
would likely have adverse, socio-economic effects beginning in 2014, 
the Council and NMFS have determined that the short-term effects would 
be justified to minimize long-term reductions in harvest that may be 
required if the current levels of unsustainable harvest continue to 
reduce the biomass of the blueline tilefish stock. The blueline 
tilefish landings in 2012 of 477,126 lb (216,421 kg), round weight, 
were much greater than the maximum sustainable yield (MSY) at 
equilibrium (226,500 lb (102,739 kg), round weight), as determined by 
the SEDAR 32 stock assessment. Continued exploitation at levels similar 
to the 2012 landings would negatively affect the health of the blueline 
tilefish stock by allowing overfishing to continue.

Need for This Temporary Rule; Emergency Action

    The ``Policy Guidelines for the Use of Emergency Rules'' (62 FR 
44421, August 21, 1997) list three criteria for determining whether an 
emergency exists.
    (1) Results from recent, unforeseen events or recently discovered 
circumstances; and
    (2) Presents serious conservation or management problems in the 
fishery; and
    (3) Can be addressed through emergency regulations for which the 
immediate benefits outweigh the value of advance notice, public 
comment, and deliberative consideration of the impacts to the same 
extent as would be expected under the normal rulemaking process.
    NMFS is promulgating these emergency regulations under the 
authority of the Magnuson-Stevens Act, consistent with these three 
criteria. To address the first criterion, the recently discovered 
circumstance is the new stock assessment (SEDAR 32) results indicating 
that the blueline tilefish stock in the South Atlantic is experiencing 
overfishing and is overfished according to the current definition for 
the MSST.
    To address the second criterion, the measures in this temporary 
rule are necessary to reduce the current level of overfishing of 
blueline tilefish in the South Atlantic EEZ while permanent measures 
are being developed, in order to address the serious conservation 
concern. If this temporary rule is not implemented, the current rate of 
fishing mortality would continue to negatively affect the health of the 
blueline tilefish stock by allowing fishing at unsustainable levels. 
The actions in the temporary rule are expected to minimize the long-
term adverse socio-economic effects from future management measures in 
Amendment 32 that will be required to end overfishing.
    To address the third criterion, NMFS has determined that the 
immediate benefit of implementing the temporary rule, and thus the 
immediate minimization of adverse biological effects of significant 
overharvest and reduction of blueline tilefish biomass outweighs the 
value of advance notice, public comment, and deliberative consideration 
of the impacts to the same extent as would be expected under the normal 
rulemaking process. Continued harvest at levels similar to the 2012 
landings would negatively affect the health of the blueline tilefish 
stock and likely require greater long-term reductions in harvest. This 
emergency action will minimize adverse biological effects described 
above and minimize long-term adverse socio-economic effects to 
fishermen and fishing communities that utilize the blueline tilefish 
resource. This temporary rule implements a blueline tilefish total ACL 
of 224,100 lb (101,650 kg), round weight; in contrast, the current 
total blueline tilefish portion of the deep-water complex ACL is 
631,341 lb (286,371 kg), round weight. This temporary rule also 
establishes in-season commercial and recreational AMs for blueline 
tilefish to prevent these catch limits from being exceeded. Commercial 
and recreational fishing activities are already underway for the 2014 
fishing season that began on January 1, 2014. By foregoing prior notice 
and public comment, NMFS can ensure that the overfishing of blueline 
tilefish is reduced during this fishing season.

Measures Contained in This Temporary Rule

    This temporary rule removes the blueline tilefish from the deep-
water complex and establishes separate commercial and recreational ACLs 
and AMs for blueline tilefish in the EEZ of the South Atlantic. The 
commercial and recreational ACLs for blueline tilefish will be based 
upon the equilibrium yield at 75 percent of the fishing mortality to 
achieve MSY and existing sector allocations (50.07 percent commercial 
and 49.93 percent recreational) that were established in the 
Comprehensive ACL Amendment. This temporary rule implements a blueline 
tilefish total (commercial and recreational) ACL of 224,100 lb (101,650 
kg), round weight; the current total (commercial and recreational) 
blueline tilefish portion of the deep-water complex ACL is 631,341 lb 
(286,371 kg), round weight. The commercial ACL for blueline tilefish in 
the South Atlantic implemented through this temporary rule is 112,207 
lb (50,896 kg), round weight. The recreational ACL for blueline 
tilefish in the South Atlantic implemented through this temporary rule 
is 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 would 
remain at current levels, except with the current blueline tilefish 
portion of 631,341 lb (286,371 kg), round weight, removed.

[[Page 21638]]

Thus, for the deep-water complex without blueline tilefish, the 
commercial ACL implemented through this temporary rule is 60,371 lb 
(27,384 kg), round weight, and the recreational ACL is 19,313 lb (8,760 
kg), round weight.
    This temporary rule establishes 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 would 
be prohibited and harvest or possession of blueline tilefish in or from 
the South Atlantic EEZ would be 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. 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. This temporary rule 
does not establish post-season AMs for blueline tilefish as post-season 
AMs are ineffective for temporary actions as any changes to the 
regulations can only be in effect for a limited time.
    The current complex-level in-season and post-season commercial and 
recreational AMs remain in place for the remaining species within the 
deep-water complex (composed of yellowedge grouper, silk snapper, misty 
grouper, queen snapper, sand tilefish, black snapper, and blackfin 
snapper). If commercial landings for the deep-water complex, as 
estimated by the SRD, reach or are projected to reach the commercial 
ACL, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for this complex for the 
remainder of the fishing year. On and after the effective date of such 
a notification, all sale or purchase of deep-water complex species is 
prohibited and harvest or possession of these species in or from the 
South Atlantic EEZ would be limited to the bag and possession limit. 
This bag and possession limit would 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. Additionally, if commercial landings for the deep-water 
complex exceed the ACL, and at least one of the species in the deep-
water complex is overfished, based on the most recent Status of U.S. 
Fisheries Report to Congress, the AA will file a notification with the 
Office of the Federal Register, at or near the beginning of the 
following fishing year to reduce the ACL for that following year by the 
amount of the overage in the prior fishing year. For the recreational 
sector, if recreational landings for the deep-water complex exceed the 
recreational ACL then during the following fishing year, recreational 
landings would be monitored for a persistence in increased landings 
and, if necessary, NMFS would reduce the length of the following 
recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year.

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 this temporary rule is based 
upon the best scientific information available, is necessary for the 
conservation and management of the blueline tilefish component of the 
snapper-grouper fishery and is consistent with the Magnuson-Stevens Act 
and other applicable laws, subject to further consideration after 
public comment.
    This temporary rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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. 
The blueline tilefish stock in the South Atlantic was assessed through 
SEDAR 32 in 2013. The assessment indicates that the stock is overfished 
and is undergoing overfishing. NMFS is implementing this emergency 
action to reduce overfishing of blueline tilefish while permanent 
management measures and regulations are being developed. The reduced 
ACLs for blueline tilefish and in-season AMs must be implemented 
immediately to minimize adverse biological effects to the blueline 
tilefish stock and long-term adverse socio-economic effects to 
fishermen and fishing communities that utilize the blueline tilefish 
portion of the snapper-grouper fishery. Continued harvest at levels 
similar to the 2012 landings would negatively affect the health of the 
blueline tilefish stock. More severe long-term reductions in harvest 
may be required if emergency action is not taken and the unsustainable 
harvest continues to reduce the blueline tilefish biomass. The fishing 
season opened January 1, 2014. In order to have an impact on reducing 
overfishing of blueline tilefish during the current fishing season, the 
new commercial and recreational ACLs and AMs for blueline tilefish must 
become effective immediately.
    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).
    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.

List of Subjects in 50 CFR Part 622

    Blueline tilefish, Deep-water complex, Emergency action, Fisheries, 
Fishing, South Atlantic.

    Dated: April 11, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

[[Page 21639]]

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

0
1. The authority citation for part 622 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec.  622.193, paragraph (h) is suspended and paragraphs (z) and 
(aa) are added to read as follows:


Sec.  622.193  Annual catch limits (ACLs), annual catch targets (ACTs), 
and accountability measures (AMs).

* * * * *
    (z) Deep-water complex (including yellowedge grouper, silk snapper, 
misty grouper, queen snapper, sand tilefish, black snapper, and 
blackfin snapper)--(1) Commercial sector--(i) If commercial landings 
for the deep-water complex, as estimated by the SRD, reach or are 
projected to reach the commercial ACL of 60,371 lb (27,384 kg), round 
weight, the AA will file a notification with the Office of the Federal 
Register to close the commercial sector for this complex for the 
remainder of the fishing year. On and after the effective date of such 
a notification, all sale or purchase of deep-water complex species is 
prohibited and harvest or possession of these species 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.
    (ii) If commercial landings exceed the ACL, and at least one of the 
species in the deep-water complex is overfished, based on the most 
recent Status of U.S. Fisheries Report to Congress, the AA will file a 
notification with the Office of the Federal Register, at or near the 
beginning of the following fishing year to reduce the ACL for that 
following year by the amount of the overage in the prior fishing year.
    (2) Recreational sector. If recreational landings for the deep-
water complex, as estimated by the SRD, exceed the recreational ACL of 
19,313 lb (8,760 kg), round weight, then during the following fishing 
year, recreational landings will be monitored for a persistence in 
increased landings and, if necessary, the AA will file a notification 
with the Office of the Federal Register, to reduce the length of the 
following recreational fishing season by the amount necessary to ensure 
recreational landings do not exceed the recreational ACL in the 
following fishing year. However, the length of the recreational season 
will also not be reduced during the following fishing year if the RA 
determines, using the best scientific information available, that a 
reduction in the length of the following fishing season is unnecessary.
    (aa) Blueline tilefish--(1) Commercial sector. If commercial 
landings for the blueline tilefish, as estimated by the SRD, reach or 
are projected to reach the commercial ACL of 112,207 lb (50,896 kg), 
round weight, the AA will file a notification with the Office of the 
Federal Register to close the commercial sector 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.
    (2) Recreational sector. If recreational landings of blueline 
tilefish, as estimated by the SRD, reach or are projected to reach the 
recreational ACL of 111,893 lb (50,754 kg), round weight, then the AA 
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 is zero. This bag and possession limit also 
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.

[FR Doc. 2014-08724 Filed 4-16-14; 8:45 am]
BILLING CODE 3510-22-P

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