Extension of Temporary Rule That Established Separate Annual Catch Limits and Accountability Measures for Blueline Tilefish in the South Atlantic Region, 61262-61263 [2014-24220]

Download as PDF 61262 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations call or email Paul Crissy, Office of Standards Evaluation and Development, Coast Guard; telephone 202–372–1093, email Paul.H.Crissy@uscg.mil. If you have questions on viewing material on the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202–366–9826. To view the original final rule document, visit https://www.gpo.gov/fdsys/granule/FR2014-09-29/2014-21994. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 131231999–4319–01] RIN 0648–BD87 SUPPLEMENTARY INFORMATION: Background On September 29, 2014, the Coast Guard published its annual technical amendment to make non-substantive changes to Title 46 of the Code of Federal Regulations. 79 FR 58270. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action extended. AGENCY: Need for Correction The Coast Guard published a final rule in the Federal Register that created the need for this correction. The Coast Guard amended § 67.259(b) by removing the word ‘‘effected,’’ and adding in its place the word ‘‘affected.’’ This replacement was incorrect, however, as the word ‘‘effected’’ was used correctly. This correction amends paragraph (b) by replacing the word ‘‘affected’’ with the word ‘‘effected.’’ List of Subjects in 46 CFR Part 67 Reporting and recordkeeping requirements, Vessels. Accordingly, 46 CFR part 67 is amended by making the following correcting amendment: PART 67—DOCUMENTATION OF VESSELS 1. The authority citation for part 67 continues to read as follows: ■ Authority: 14 U.S.C. 664; 31 U.S.C. 9701; 42 U.S.C. 9118; 46 U.S.C. 2103, 2107, 2110, 12106, 12120, 12122; 46 U.S.C. app. 841a, 876; Department of Homeland Security Delegation No. 0170.1. § 67.259 [Corrected] 2. In § 67.259(b), remove the word ‘‘affected’’ and add, in its place, the word ‘‘effected’’. mstockstill on DSK4VPTVN1PROD with RULES ■ Dated: October 6, 2014. Katia Cervoni, Chief, Office of Regulations and Administrative Law, U.S. Coast Guard. [FR Doc. 2014–24219 Filed 10–9–14; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 16:20 Oct 09, 2014 Jkt 235001 Extension of Temporary Rule That Established Separate Annual Catch Limits and Accountability Measures for Blueline Tilefish in the South Atlantic Region NMFS issues this temporary rule to extend the expiration date of emergency measures implemented to reduce the amount of blueline tilefish that may be harvested in the exclusive economic zone (EEZ) of the South Atlantic. NMFS published an emergency rule on April 17, 2014, to remove the blueline tilefish portion from the deep-water complex annual catch limit (ACL) and establish separate commercial and recreational ACLs and accountability measures (AMs) for blueline tilefish. The intent of this rulemaking is to extend the measures implemented in the emergency action to reduce overfishing of blueline tilefish in the South Atlantic while the South Atlantic Fishery Management Council (Council) develops permanent management measures. DATES: The expiration date for the temporary rule published at 79 FR 21636, April 17, 2014, is extended from October 14, 2014, through April 18, 2015, unless NMFS publishes a superseding document in the Federal Register. SUMMARY: 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 SnapperGrouper Fishery of the South Atlantic Region (FMP). The Council prepared the ADDRESSES: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 FMP and NMFS implements the FMP through regulations at 50 CFR part 622 under the authority of the MagnusonStevens Fishery Conservation and Management Act (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 At its December 2013 meeting, the Council requested that NMFS promulgate emergency regulations to reduce overfishing of blueline tilefish and rebuild the blueline tilefish stock, based on the most recent stock assessment conducted for blueline tilefish in 2013, while permanent management measures and regulations are being developed through Amendment 32 to the FMP. 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. The Council and NMFS determined that any short-term adverse socio-economic effects of the temporary measures would be justified to minimize long-term reductions in harvest that may be required if levels of unsustainable harvest continued to reduce the biomass of the blueline tilefish stock. Accordingly, on April 17, 2014, NMFS published a temporary rule under the Magnuson-Stevens Act to implement emergency regulations for the blueline tilefish stock in the South Atlantic (74 FR 21636) and requested public comment. That temporary rule is effective through October 14, 2014. The measures contained in the temporary rule and this extension, remove blueline tilefish from the deepwater complex and establish separate commercial and recreational ACLs and AMs for blueline tilefish in the EEZ of the South Atlantic. The temporary rule and this extension implement a blueline tilefish total (commercial and recreational) ACL of 224,100 lb (101,650 kg), round weight. The commercial ACL for blueline tilefish is set at 112,207 lb (50,896 kg), round weight, and the recreational ACL is set at 111,893 lb (50,754 kg), round weight. The deepwater complex (composed of yellowedge grouper, silk snapper, misty grouper, queen snapper, sand tilefish, black snapper, and blackfin snapper) ACL remains at current levels, except with the blueline tilefish portion of the complex ACL of 631,341 lb (286,371 kg), round weight, removed from the complex. Thus, for the deep-water complex without blueline tilefish, the E:\FR\FM\10OCR1.SGM 10OCR1 mstockstill on DSK4VPTVN1PROD with RULES Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations commercial ACL is 60,371 lb (27,384 kg), round weight, and the recreational ACL is 19,313 lb (8,760 kg), round weight. The temporary rule and this extension also establish 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 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. During the 2014 commercial fishing season, through AMs implemented in the emergency rule, NMFS closed the commercial sector for blueline tilefish on June 23, 2014, when NMFS determined the commercial ACL for blueline tilefish was projected to be met (79 FR 35292, June 20, 2014). The commercial sector will reopen on January 1, 2015. 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 snappergrouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. The Council requested an extension of the temporary rule at its September 2014 meeting, and via an October 2, 2014, letter to NMFS, to ensure that management measures remain in effect for blueline tilefish to reduce overfishing while more permanent measures are developed through Amendment 32 to the FMP. Section 305(c)(3)(B) of the Magnuson-Stevens Act allows for emergency regulations to be extended for one additional period of VerDate Sep<11>2014 16:20 Oct 09, 2014 Jkt 235001 186 days provided that the public has had an opportunity to comment on the emergency measures and the Council is actively preparing a plan amendment to address the overfishing on a permanent basis. If approved, Amendment 32 is scheduled to be implemented early in the 2015 fishing year. Comments and Responses Section 305(c)(3)(B) of the MagnusonStevens Act requires that the public has an opportunity to comment on emergency measures after the regulation is published and the Council is actively preparing a plan amendment to address overfishing on a permanent basis. NMFS solicited public comments in the April 17, 2014, temporary rule but received no comments on the temporary rule or the emergency measures. 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 the emergency measures this temporary rule extends are based upon the best scientific information available, are necessary for the conservation and management of the blueline tilefish component of the snapper-grouper fishery and are consistent with the Magnuson-Stevens Act and other applicable laws. The Council is developing Amendment 32 to establish long-term measures to end overfishing of South Atlantic blueline tilefish. Amendment 32, if approved, is not expected to become effective until the 2015 fishing year. This temporary rule has been determined to be not significant for purposes of Executive Order 12866. 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. 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. This rule would continue emergency measures implemented by the April 17, 2014, temporary rule, for not more than an additional 186 days beyond the current expiration date of October 14, 2014. The conditions prompting the initial temporary rule still remain, and more PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 61263 permanent measures to be completed through Amendment 32 have not yet been approved or implemented. Failure to extend these temporary measures, would result in additional overfishing of the South Atlantic blueline tilefish stock, which is contrary to the public interest and in violation of National Standard 1 of the Magnuson-Stevens Act. 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). Authority: 16 U.S.C. 1801 et seq. Dated: October 6, 2014. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2014–24220 Filed 10–9–14; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 131021878–4158–02] RIN 0648–XD537 Fisheries of the Exclusive Economic Zone Off Alaska; ‘‘Other Rockfish’’ in the Aleutian Island Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of ‘‘other rockfish’’ in the Aleutian Islands subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the 2014 total allowable catch (TAC) of ‘‘other rockfish’’ in the BSAI has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 6, 2014, through 2400 hrs, A.l.t., December 31, 2014. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. 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 (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery SUMMARY: E:\FR\FM\10OCR1.SGM 10OCR1

Agencies

[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Rules and Regulations]
[Pages 61262-61263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24220]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

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


Extension of Temporary Rule That Established 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 extended.

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

SUMMARY: NMFS issues this temporary rule to extend the expiration date 
of emergency measures implemented to reduce the amount of blueline 
tilefish that may be harvested in the exclusive economic zone (EEZ) of 
the South Atlantic. NMFS published an emergency rule on April 17, 2014, 
to remove the blueline tilefish portion from the deep-water complex 
annual catch limit (ACL) and establish separate commercial and 
recreational ACLs and accountability measures (AMs) for blueline 
tilefish. The intent of this rulemaking is to extend the measures 
implemented in the emergency action to reduce overfishing of blueline 
tilefish in the South Atlantic while the South Atlantic Fishery 
Management Council (Council) develops permanent management measures.

DATES: The expiration date for the temporary rule published at 79 FR 
21636, April 17, 2014, is extended from October 14, 2014, through April 
18, 2015, unless NMFS publishes a superseding document in the Federal 
Register.

ADDRESSES: 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 Fishery Conservation and Management Act (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

    At its December 2013 meeting, the Council requested that NMFS 
promulgate emergency regulations to reduce overfishing of blueline 
tilefish and rebuild the blueline tilefish stock, based on the most 
recent stock assessment conducted for blueline tilefish in 2013, while 
permanent management measures and regulations are being developed 
through Amendment 32 to the FMP. 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. The Council and NMFS determined that any short-term adverse 
socio-economic effects of the temporary measures would be justified to 
minimize long-term reductions in harvest that may be required if levels 
of unsustainable harvest continued to reduce the biomass of the 
blueline tilefish stock. Accordingly, on April 17, 2014, NMFS published 
a temporary rule under the Magnuson-Stevens Act to implement emergency 
regulations for the blueline tilefish stock in the South Atlantic (74 
FR 21636) and requested public comment. That temporary rule is 
effective through October 14, 2014.
    The measures contained in the temporary rule and this extension, 
remove blueline tilefish from the deep-water complex and establish 
separate commercial and recreational ACLs and AMs for blueline tilefish 
in the EEZ of the South Atlantic. The temporary rule and this extension 
implement a blueline tilefish total (commercial and recreational) ACL 
of 224,100 lb (101,650 kg), round weight. The commercial ACL for 
blueline tilefish is set at 112,207 lb (50,896 kg), round weight, and 
the recreational ACL is set at 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 remains at current levels, except with the 
blueline tilefish portion of the complex ACL of 631,341 lb (286,371 
kg), round weight, removed from the complex. Thus, for the deep-water 
complex without blueline tilefish, the

[[Page 61263]]

commercial ACL is 60,371 lb (27,384 kg), round weight, and the 
recreational ACL is 19,313 lb (8,760 kg), round weight.
    The temporary rule and this extension also establish 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 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. During the 2014 commercial fishing 
season, through AMs implemented in the emergency rule, NMFS closed the 
commercial sector for blueline tilefish on June 23, 2014, when NMFS 
determined the commercial ACL for blueline tilefish was projected to be 
met (79 FR 35292, June 20, 2014). The commercial sector will reopen on 
January 1, 2015.
    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.
    The Council requested an extension of the temporary rule at its 
September 2014 meeting, and via an October 2, 2014, letter to NMFS, to 
ensure that management measures remain in effect for blueline tilefish 
to reduce overfishing while more permanent measures are developed 
through Amendment 32 to the FMP. Section 305(c)(3)(B) of the Magnuson-
Stevens Act allows for emergency regulations to be extended for one 
additional period of 186 days provided that the public has had an 
opportunity to comment on the emergency measures and the Council is 
actively preparing a plan amendment to address the overfishing on a 
permanent basis. If approved, Amendment 32 is scheduled to be 
implemented early in the 2015 fishing year.

Comments and Responses

    Section 305(c)(3)(B) of the Magnuson-Stevens Act requires that the 
public has an opportunity to comment on emergency measures after the 
regulation is published and the Council is actively preparing a plan 
amendment to address overfishing on a permanent basis. NMFS solicited 
public comments in the April 17, 2014, temporary rule but received no 
comments on the temporary rule or the emergency measures.

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 the emergency measures this 
temporary rule extends are based upon the best scientific information 
available, are necessary for the conservation and management of the 
blueline tilefish component of the snapper-grouper fishery and are 
consistent with the Magnuson-Stevens Act and other applicable laws. The 
Council is developing Amendment 32 to establish long-term measures to 
end overfishing of South Atlantic blueline tilefish. Amendment 32, if 
approved, is not expected to become effective until the 2015 fishing 
year.
    This temporary rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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.
    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. 
This rule would continue emergency measures implemented by the April 
17, 2014, temporary rule, for not more than an additional 186 days 
beyond the current expiration date of October 14, 2014. The conditions 
prompting the initial temporary rule still remain, and more permanent 
measures to be completed through Amendment 32 have not yet been 
approved or implemented. Failure to extend these temporary measures, 
would result in additional overfishing of the South Atlantic blueline 
tilefish stock, which is contrary to the public interest and in 
violation of National Standard 1 of the Magnuson-Stevens Act.
    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).

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

    Dated: October 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-24220 Filed 10-9-14; 8:45 am]
BILLING CODE 3510-22-P

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