Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands, 54669-54671 [2014-21766]
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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Rules and Regulations
enhancing social and economic benefits
to the fishery.
DATES: The extension is effective 12:01
a.m., local time, September 16, 2014,
until 12:01 a.m., local time, October 4,
2014. The season will then be closed
until it reopens on January 1, 2015, the
beginning of the 2015 recreational
fishing season, unless further
notification is published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, Southeast Regional Office,
telephone 727–824–5305, email
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf, which includes
red grouper, is managed under the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(FMP). The FMP was prepared by the
Gulf of Mexico Fishery Management
Council (Council) and is implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). All weights specified in this rule
are gutted weight.
The Gulf red grouper recreational
ACL is 1,900,000 lb (861,826 kg), and
the recreational ACT is 1,730,000 lb
(784,715 kg), as specified in 50 CFR
622.41(e)(2)(iv). The recreational ACL
and ACT for red grouper were
implemented through Amendment 32 to
the FMP (77 FR 6988, February 10,
2012). Red grouper are not overfished,
based on the most recent Status of U.S.
Fisheries Report to Congress.
NMFS determined that the 2013
recreational landings exceeded the 2013
recreational ACL of 1,900,000 lb
(861,826 kg) by 492,113 lb (223,219 kg)
and implemented post-season AMs
through a temporary rule published on
April 30, 2014 (79 FR 24353). In
accordance with regulations at 50 CFR
622.41(e)(2)(ii), that temporary rule
reduced the bag limit for Gulf red
grouper from four to three fish (within
the four-fish grouper aggregate bag limit)
and reduced the recreational fishing
season for Gulf red grouper for the 2014
fishing year to ensure landings do not
exceed the recreational ACT.
NMFS now has updated landings data
for recreational red grouper for the 2014
fishing year and has determined that
landings were less than projected.
Therefore, NMFS is extending the
recreational fishing season for red
grouper through this temporary rule.
The extension is effective 12:01 a.m.,
local time, September 16, 2014, until
12:01 a.m., local time, October 4, 2014.
The season will then be closed until it
reopens on January 1, 2015, the
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beginning of the 2015 recreational
fishing season, unless further
notification is published in the Federal
Register.
During the recreational sector closure,
the bag and possession limit for red
grouper in or from the Gulf EEZ is zero.
This bag and possession limit applies in
the Gulf on board a vessel for which a
valid Federal charter vessel/headboat
permit for Gulf reef fish has been issued,
without regard to where such species
were harvested, i.e. in state or Federal
waters.
The recreational sector for red grouper
will reopen on January 1, 2015, the
beginning of the 2015 recreational
fishing season. The 2015 bag limit for
red grouper will return to four fish, as
specified at 50 CFR 622.38(b)(2), unless
AMs are implemented due to a
recreational ACL overage in 2014, or the
Council takes subsequent regulatory
action to adjust the bag limit.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf red grouper and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.41(e)(2)(ii) 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.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the final rule for Amendment
32 to the FMP (77 FR 6988, February 10,
2012) that established the recreational
ACL, ACT, and AMs has already been
subject to notice and comment, and all
that remains is to notify the public that
additional harvest remains on the
established recreational ACT and,
therefore, the recreational fishing season
for Gulf red grouper will be extended for
18 additional days.
This rule relieves a restriction by
extending the recreational fishing
season for red grouper. Because it
relieves a restriction, this rule is not
subject to the 30-day delayed
effectiveness provision of 5 U.S.C.
553(d)(1).
Authority: 16 U.S.C. 1801 et seq.
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54669
Dated: September 8, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–21765 Filed 9–9–14; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 131021878–4158–02]
RIN 0648–XD496
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
NMFS is reallocating the
projected unused amounts of the Aleut
Corporation’s pollock directed fishing
allowance from the Aleutian Islands
subarea to the Bering Sea subarea
directed fisheries. These actions are
necessary to provide opportunity for
harvest of the 2014 total allowable catch
of pollock, consistent with the goals and
objectives of the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 12, 2014, until
2400 hrs, A.l.t., December 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council (Council)
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
In the Aleutian Islands subarea, the
portion of the 2014 pollock total
allowable catch (TAC) allocated to the
Aleut Corporation’s directed fishing
allowance (DFA) is 7,350 metric tons
(mt) as established by the final 2014 and
2015 harvest specifications for
groundfish in the BSAI (79 FR 12108,
March 4, 2014), and through
SUMMARY:
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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Rules and Regulations
reallocation (79 FR 12959, March 7,
2014).
As of September 4, 2014, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that 4,000 mt of Aleut
Corporation’s DFA will not be
harvested. Therefore, in accordance
with § 679.20(a)(5)(iii)(B)(4), NMFS
reallocates 4,000 mt of Aleut
Corporation’s DFA from the Aleutian
Islands subarea to the 2014 Bering Sea
subarea allocations. The 4,000 mt of
pollock is apportioned to the AFA
Inshore sector (50 percent), AFA
catcher/processor sector (40 percent),
and the AFA mothership sector (10
percent). The 2014 Bering Sea pollock
incidental catch allowance remains at
38,770 mt. As a result, the harvest
specifications for pollock in the
Aleutian Islands subarea included in the
final 2014 and 2015 harvest
specifications for groundfish in the
BSAI (79 FR 12108, March 4, 2014)),
and revised (79 FR 12959, March 7,
2014), are further revised as follows:
3,350 mt to Aleut Corporation’s DFA.
Furthermore, pursuant to § 679.20(a)(5),
Table 3 of the final 2014 and 2015
harvest specifications for groundfish in
the BSAI (79 FR 12108, March 4, 2014),
and revised (79 FR 12959, March 7,
2014), is further revised to make 2014
pollock allocations consistent with this
reallocation. This reallocation results in
an adjustment to the 2014 Aleut
Corporation allocation established at
§ 679.20(a)(5).
TABLE 3—FINAL 2014 AND 2015 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE
CDQ DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2014 A season 1
2014
Allocations
Area and sector
Bering Sea subarea .........................
CDQ DFA .........................................
ICA 1 .................................................
AFA Inshore .....................................
AFA Catcher/Processors 3 ...............
Catch by C/Ps ..................................
Catch by CVs 3 .................................
Unlisted C/P Limit 4 ..........................
AFA Motherships .............................
Excessive Harvesting Limit 5 ............
Excessive Processing Limit 6 ...........
Total Bering Sea DFA ......................
Aleutian Islands subarea 1 ...............
CDQ DFA .........................................
ICA ...................................................
Aleut Corporation .............................
Bogoslof District ICA 7 ......................
1,280,650
128,600
38,770
556,640
445,312
407,460
37,852
2,227
111,328
194,824
333,984
1,113,280
5,350
0
2,000
3,350
75
A season
DFA
n/a
51,440
n/a
222,656
178,125
162,984
15,141
891
44,531
n/a
n/a
445,312
n/a
0
1,000
3,350
n/a
SCA
harvest
limit 2
2014 B
season 1
B season
DFA
n/a
36,008
n/a
155,859
124,687
n/a
n/a
n/a
31,172
n/a
n/a
311,718
n/a
n/a
n/a
n/a
n/a
2015 A season 1
2015
Allocations
n/a
77,160
n/a
333,984
267,187
244,476
22,711
1,336
66,797
n/a
n/a
667,968
n/a
0
1,000
0
n/a
1,258,000
125,800
38,495
546,853
437,482
400,296
37,186
2,187
109,371
191,398
328,112
1,093,705
19,000
1,900
2,000
15,100
75
A season
DFA
n/a
50,320
n/a
218,741
174,993
160,118
14,874
875
43,748
n/a
n/a
437,482
n/a
760
1,000
14,005
n/a
SCA
harvest
limit 2
n/a
35,224
n/a
153,119
122,495
n/a
n/a
n/a
30,624
n/a
n/a
306,237
n/a
n/a
n/a
n/a
n/a
2015 B
season 1
B season
DFA
n/a
75,480
n/a
328,112
262,489
240,178
22,312
1,312
65,622
n/a
n/a
656,223
n/a
1,140
1,000
1,095
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.4 percent), is allocated
as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the BS
subarea, 40 percent of the DFA is allocated to the A season (January 20–June 10) and 60 percent of the DFA is allocated to the B season (June
10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,000 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A
season is allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
2 In the BS subarea, no more than 28 percent of each sector’s annual DFA may be taken from the SCA before April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processors sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and
are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
mstockstill on DSK4VPTVN1PROD with RULES
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement 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 requirement is
impracticable and contrary to the public
interest. This requirement is
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impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the reallocation of AI pollock.
Since the pollock fishery is currently
open, it is important to immediately
inform the industry as to the final
Bering Sea subarea pollock allocations.
Immediate notification is necessary to
allow for the orderly conduct and
efficient operation of this fishery; allow
the industry to plan for the fishing
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season and avoid potential disruption to
the fishing fleet as well as processors;
and provide opportunity to harvest
increased seasonal pollock allocations
while value is optimum. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of September 4, 2014.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
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Federal Register / Vol. 79, No. 177 / Friday, September 12, 2014 / Rules and Regulations
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 8, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–21766 Filed 9–11–14; 8:45 am]
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Agencies
[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Rules and Regulations]
[Pages 54669-54671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21766]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 131021878-4158-02]
RIN 0648-XD496
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea and Aleutian Islands
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is reallocating the projected unused amounts of the Aleut
Corporation's pollock directed fishing allowance from the Aleutian
Islands subarea to the Bering Sea subarea directed fisheries. These
actions are necessary to provide opportunity for harvest of the 2014
total allowable catch of pollock, consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the Bering
Sea and Aleutian Islands Management Area.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 12,
2014, until 2400 hrs, A.l.t., December 31, 2014.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the Bering Sea and Aleutian Islands Management Area
(FMP) prepared by the North Pacific Fishery Management Council
(Council) under authority of the Magnuson-Stevens Fishery Conservation
and Management Act. Regulations governing fishing by U.S. vessels in
accordance with the FMP appear at subpart H of 50 CFR part 600 and 50
CFR part 679.
In the Aleutian Islands subarea, the portion of the 2014 pollock
total allowable catch (TAC) allocated to the Aleut Corporation's
directed fishing allowance (DFA) is 7,350 metric tons (mt) as
established by the final 2014 and 2015 harvest specifications for
groundfish in the BSAI (79 FR 12108, March 4, 2014), and through
[[Page 54670]]
reallocation (79 FR 12959, March 7, 2014).
As of September 4, 2014, the Administrator, Alaska Region, NMFS,
(Regional Administrator) has determined that 4,000 mt of Aleut
Corporation's DFA will not be harvested. Therefore, in accordance with
Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates 4,000 mt of Aleut
Corporation's DFA from the Aleutian Islands subarea to the 2014 Bering
Sea subarea allocations. The 4,000 mt of pollock is apportioned to the
AFA Inshore sector (50 percent), AFA catcher/processor sector (40
percent), and the AFA mothership sector (10 percent). The 2014 Bering
Sea pollock incidental catch allowance remains at 38,770 mt. As a
result, the harvest specifications for pollock in the Aleutian Islands
subarea included in the final 2014 and 2015 harvest specifications for
groundfish in the BSAI (79 FR 12108, March 4, 2014)), and revised (79
FR 12959, March 7, 2014), are further revised as follows: 3,350 mt to
Aleut Corporation's DFA. Furthermore, pursuant to Sec. 679.20(a)(5),
Table 3 of the final 2014 and 2015 harvest specifications for
groundfish in the BSAI (79 FR 12108, March 4, 2014), and revised (79 FR
12959, March 7, 2014), is further revised to make 2014 pollock
allocations consistent with this reallocation. This reallocation
results in an adjustment to the 2014 Aleut Corporation allocation
established at Sec. 679.20(a)(5).
Table 3--Final 2014 and 2015 Allocations of Pollock Tacs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 A season \1\ 2014 B 2015 A season \1\ 2015 B
---------------------- season ---------------------- season
2014 \1\ 2015 \1\
Area and sector Allocations A season SCA ----------- Allocations A season SCA ----------
DFA harvest B season DFA harvest B season
limit \2\ DFA limit \2\ DFA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea subarea.................................... 1,280,650 n/a n/a n/a 1,258,000 n/a n/a n/a
CDQ DFA............................................... 128,600 51,440 36,008 77,160 125,800 50,320 35,224 75,480
ICA \1\............................................... 38,770 n/a n/a n/a 38,495 n/a n/a n/a
AFA Inshore........................................... 556,640 222,656 155,859 333,984 546,853 218,741 153,119 328,112
AFA Catcher/Processors \3\............................ 445,312 178,125 124,687 267,187 437,482 174,993 122,495 262,489
Catch by C/Ps......................................... 407,460 162,984 n/a 244,476 400,296 160,118 n/a 240,178
Catch by CVs \3\...................................... 37,852 15,141 n/a 22,711 37,186 14,874 n/a 22,312
Unlisted C/P Limit \4\................................ 2,227 891 n/a 1,336 2,187 875 n/a 1,312
AFA Motherships....................................... 111,328 44,531 31,172 66,797 109,371 43,748 30,624 65,622
Excessive Harvesting Limit \5\........................ 194,824 n/a n/a n/a 191,398 n/a n/a n/a
Excessive Processing Limit \6\........................ 333,984 n/a n/a n/a 328,112 n/a n/a n/a
Total Bering Sea DFA.................................. 1,113,280 445,312 311,718 667,968 1,093,705 437,482 306,237 656,223
Aleutian Islands subarea \1\.......................... 5,350 n/a n/a n/a 19,000 n/a n/a n/a
CDQ DFA............................................... 0 0 n/a 0 1,900 760 n/a 1,140
ICA................................................... 2,000 1,000 n/a 1,000 2,000 1,000 n/a 1,000
Aleut Corporation..................................... 3,350 3,350 n/a 0 15,100 14,005 n/a 1,095
Bogoslof District ICA \7\............................. 75 n/a n/a n/a 75 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the BS subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.4 percent), is allocated as
a DFA as follows: inshore sector--50 percent, catcher/processor sector (C/P)--40 percent, and mothership sector--10 percent. In the BS subarea, 40
percent of the DFA is allocated to the A season (January 20-June 10) and 60 percent of the DFA is allocated to the B season (June 10-November 1).
Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), the annual AI pollock TAC, after subtracting first for the CDQ directed fishing allowance (10
percent) and second the ICA (2,000 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is
allocated 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery.
\2\ In the BS subarea, no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest
only by eligible catcher vessels delivering to listed catcher/processors.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the
catcher/processors sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
\7\ The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are
not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Classification
This action responds to the best available information recently
obtained from the fishery. The Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive the requirement 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 requirement is impracticable and
contrary to the public interest. This requirement is impracticable and
contrary to the public interest as it would prevent NMFS from
responding to the most recent fisheries data in a timely fashion and
would delay the reallocation of AI pollock. Since the pollock fishery
is currently open, it is important to immediately inform the industry
as to the final Bering Sea subarea pollock allocations. Immediate
notification is necessary to allow for the orderly conduct and
efficient operation of this fishery; allow the industry to plan for the
fishing season and avoid potential disruption to the fishing fleet as
well as processors; and provide opportunity to harvest increased
seasonal pollock allocations while value is optimum. NMFS was unable to
publish a notice providing time for public comment because the most
recent, relevant data only became available as of September 4, 2014.
The AA also finds good cause to waive the 30-day delay in the
effective date of this action under 5 U.S.C. 553(d)(3). This finding is
based upon
[[Page 54671]]
the reasons provided above for waiver of prior notice and opportunity
for public comment.
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 8, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2014-21766 Filed 9-11-14; 8:45 am]
BILLING CODE 3510-22-P