Fisheries of the Northeastern United States; Blueline Tilefish Fishery; Secretarial Emergency Action, 74712-74714 [2015-30320]
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74712
Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations
Amendment 15 modifies stock status
determination criteria to match the
biomass-based output of the stock
synthesis model. These revisions to the
penaeid shrimp stock status criteria are
expected to cause little to no change to
the biological, physical, or ecological
environments because these changes are
only to the stock status reference points
and therefore will not have a direct
impact on the actual harvest of penaeid
shrimp.
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
No substantive comments were
received on either Amendment 15 or the
proposed rule. One comment was
received from a Federal agency that
stated that it had no comment on the
proposed rule or on Amendment 15.
Classification
The Regional Administrator,
Southeast Region, NMFS has
determined that this final rule is
consistent with Amendment 15, the
FMP, the Magnuson-Stevens Act, and
other applicable law. This final rule has
been determined to be not significant for
purposes of Executive Order 12866.
The Magnuson-Stevens Act provides
the statutory basis for this rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting, recordkeeping, or other compliance
requirements are introduced by this
final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this rule
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination was published in the
proposed rule and is not repeated here.
No comments were received regarding
the certification and NMFS has not
received any new information that
would affect its determination. As a
result, a final regulatory flexibility
analysis is not required and none was
prepared.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
Shrimp.
50 CFR Part 648
[Docket No. 150311250–5474–01]
RIN 0648–BE97
§ 622.60 Adjustment of management
measures.
Fisheries of the Northeastern United
States; Blueline Tilefish Fishery;
Secretarial Emergency Action
AGENCY:
2. In § 622.60, revise paragraphs (a)
and (b) to read as follows:
*
*
*
*
(a) Gulf penaeid shrimp. For a species
or species group: Reporting and
monitoring requirements, permitting
requirements, size limits, vessel trip
limits, closed seasons or areas and
reopenings, quotas (including a quota of
zero), MSY (or proxy), OY, management
parameters such as overfished and
overfishing definitions, gear restrictions
(ranging from regulation to complete
prohibition), gear markings and
identification, vessel markings and
identification, allowable biological
catch (ABC) and ABC control rules,
rebuilding plans, restrictions relative to
conditions of harvested shrimp
(maintaining shrimp in whole
condition, use as bait), target effort and
fishing mortality reduction levels,
bycatch reduction criteria, BRD
certification and decertification criteria,
BRD testing protocol and certified BRD
specifications.
(b) Gulf royal red shrimp. Reporting
and monitoring requirements,
permitting requirements, size limits,
vessel trip limits, closed seasons or
areas and reopenings, annual catch
limits (ACLs), annual catch targets
(ACTs), quotas (including a quota of
zero), accountability measures (AMs),
MSY (or proxy), OY, management
parameters such as overfished and
overfishing definitions, gear restrictions
(ranging from regulation to complete
prohibition), gear markings and
identification, vessel markings and
identification, ABC and ABC control
rules, rebuilding plans, and restrictions
relative to conditions of harvested
shrimp (maintaining shrimp in whole
condition, use as bait).
BILLING CODE 3510–22–P
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
15:17 Nov 27, 2015
National Oceanic and Atmospheric
Administration
■
[FR Doc. 2015–30214 Filed 11–27–15; 8:45 am]
Dated: November 23, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
VerDate Sep<11>2014
DEPARTMENT OF COMMERCE
*
Comments and Responses
jstallworth on DSK7TPTVN1PROD with RULES
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action extended.
This rule extends emergency
permitting and possession limit
regulations for the blueline tilefish
fishery in waters north of the Virginia/
North Carolina border that were
implemented on June 4, 2015. This
extension is necessary to continue to
constrain fishing effort on the blueline
tilefish stock while a long-term
management plan is developed. The
rule is expected to reduce fishing
mortality and help ensure the long-term
sustainability of the stock.
DATES: The expiration date of the
emergency rule published on June 4,
2016 (80 FR 31864) is extended through
June 3, 2016.
ADDRESSES: Copies the Environmental
Assessment and Regulatory Impact
Review (EA/RIR) and other supporting
documents for this emergency action are
available from John K. Bullard, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA, 01930.
The EA/RIR is also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT:
Tobey Curtis, Fishery Policy Analyst,
(978) 281–9273.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This temporary final rule extends
emergency permitting and possession
limit regulations for the blueline tilefish
(Caulolatilus microps) fishery in the
Greater Atlantic Region (i.e., Federal
waters north of the latitude of the
Virginia/North Carolina border) as
described in the original emergency
action that published on June 4, 2015
(80 FR 31864). The initial temporary
rule was implemented in response to a
request for emergency action from the
Mid-Atlantic Fishery Management
Council. That temporary final rule
E:\FR\FM\30NOR1.SGM
30NOR1
Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
included detailed information on the
background, purpose, need, and
justification to implement these
emergency management measures, and
that information is not repeated here.
Section 305(c) of the MagnusonStevens Act allows for the extension of
an emergency action, which is
otherwise effective for up to 180 days,
for up to another 186 days, provided
that certain criteria are met: (1) The
public has had an opportunity to
comment on the emergency regulation;
and (2) in the case of a Council
recommendation for emergency action,
the Council is actively developing an
fishery management plan (FMP)
amendment or regulations to address
the emergency on a permanent basis.
NMFS accepted public comment on the
initial emergency measures in the final
rule through July 6, 2015; comments
and responses are summarized below.
The Mid-Atlantic and South Atlantic
Fishery Management Councils are both
working on long-term management
measures for blueline tilefish along the
Atlantic coast. The Mid-Atlantic
Council has initiated an amendment to
its Golden Tilefish FMP to add blueline
tilefish fishery management measures to
that FMP and manage the stock within
its jurisdiction. Final action on that
amendment is expected to occur at the
Council’s February 2016 meeting so that
rulemaking may be completed before
this temporary extension expires. This
extension does not change the measures
already in place. NMFS is not accepting
additional public comment on this
extension, and has determined that all
the necessary criteria have been met
and, therefore, is extending these
emergency measures.
Extended Emergency Management
Measures
This temporary final rule extends the
following management measures for
blueline tilefish in the Greater Atlantic
Region:
1. A requirement for commercial or
charter/party vessels landing blueline
tilefish in the Northeast region (i.e.,
north of the latitude of the Virginia/
North Carolina border: 36°33′01.0″ N.
latitude) to hold a valid Northeast open
access golden tilefish commercial or
charter/party vessel permit, which are
issued by the Greater Atlantic Regional
Fisheries Office;
2. A commercial possession limit of
300 lb (136 kg) whole weight per trip;
and
3. A recreational possession limit of
seven blueline tilefish per person, per
trip.
None of these management measures
modify the existing possession
VerDate Sep<11>2014
15:17 Nov 27, 2015
Jkt 238001
regulations for golden tilefish, or any
other species.
In addition to the efforts being made
by the Mid-Atlantic Council, the South
Atlantic Council is considering
revisions to its Snapper Grouper FMP to
modify blueline tilefish management
measures that may or may not affect the
Mid-Atlantic Council’s management of
this stock. Questions remain on
potential stock structure of the species
throughout its distribution and there is
considerable uncertainty in the data and
projections in the most recent
benchmark stock assessment that are
currently being explored. It is expected
that the long-term management of
blueline tilefish fisheries will be
improved once these scientific and
policy issues are resolved. These
extended emergency measures will
continue to protect blueline tilefish in
the Greater Atlantic Region while
allowing the Councils more time to
finalize their work.
Comments and Responses
We received numerous public
comments prior to implementation of
the emergency action, primarily from
fishermen who were opposed to overlyrestrictive possession limits on blueline
tilefish. Overall, the concerns raised in
these comments were addressed by the
management measures that we
implemented. We received three
comments during the original rule’s
comment period, and these are
summarized below.
Comment 1: One comment was from
a North Carolina-based commercial
fishing organization. The commenter
suggested that the blueline tilefish
possession limits implemented by the
rule disproportionately impacted
commercial fishing vessels while not
equally restraining recreational fishing
vessels.
Response: According to the analyses
in the EA (see ADDRESSES), the
possession limits implemented by
NMFS were expected to have minor
negative impacts on both commercial
and recreational fishing vessels. In
recent years, only 18 percent of
commercial trips landed more than 500
lb (227 kg) of blueline tilefish, and in
2014, 94 percent of landings were
derived from only six vessels (out of 81
active vessels). Therefore, the
commercial possession limit of 300 lb
(136 kg) was not expected to impact the
vast majority of vessels in the fishery,
and by design, reduces incentives to
target blueline tilefish. Similarly, in the
recreational fishery in recent years, only
12 percent of charter/party trips landed
more than seven fish per person.
Therefore, impacts on the overall
PO 00000
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Fmt 4700
Sfmt 4700
74713
commercial and recreational fisheries
were projected to be comparable, with
little impact on the vast majority of
trips.
Comment 2: One comment from a
New Jersey recreational fisherman
opposed the recreational possession
limit, stating it was too restrictive.
Response: As noted in the response
above, a minority of recreational trips
are likely to be affected by the
possession limit of seven fish per
person. The objective of the emergency
rule was to prevent further expansion of
catch on this species, and we believe the
seven-fish possession limit to be
appropriate, and consistent with the
recommendations of the Council.
Additionally, the blueline tilefish
possession limits do not impact the
possession limits of golden tilefish or
other species.
Comment 3: One comment was from
a recreational fisherman who was
opposed to a possession limit of one fish
per vessel (Alternative 2 in the EA).
Response: NMFS agrees that the
possession limits under Alternative 2
would have been more restrictive, and
likely to result in greater negative
impacts on a higher proportion of
fishery participants. NMFS chose to
implement the possession limit of seven
fish per person to help constrain fishing
effort, while still allowing the fishery to
continue.
Classification
The Regional Administrator, Greater
Atlantic Region, NMFS, has determined
that the emergency measures extended
by this temporary rule are necessary for
the conservation and management of the
blueline tilefish fishery and are
consistent with the Magnuson-Stevens
Act and other applicable law.
Under 5 U.S.C. 553(d)(1), the
Assistant Administrator for Fisheries
finds good cause to waive the 30-day
delayed effectiveness of this action.
Because the extension of these
emergency measures contains
regulations already in place, it is
contrary to public interest to allow them
to expire. As described more fully in the
original emergency action (80 FR 31864;
June 4, 2015), the reasons justifying
promulgation of the rule on an
emergency basis make a delay in
effectiveness contrary to the public
interest. The possession limits
implemented for recreational and
commercial blueline tilefish vessels
fishing in Federal waters north of the
Virgina/North Carolina border are
needed to constrain fishing mortality on
the stock that would otherwise be
unregulated. To provide protection for
blueline tilefish, and to allow additional
E:\FR\FM\30NOR1.SGM
30NOR1
74714
Federal Register / Vol. 80, No. 229 / Monday, November 30, 2015 / Rules and Regulations
jstallworth on DSK7TPTVN1PROD with RULES
time for the Council to develop an
appropriate long-term solution for the
management of this stock, expediting
these emergency measures is necessary.
This action is being taken pursuant to
the emergency provision of the
Magnuson-Stevens Act and is exempt
from OMB review.
VerDate Sep<11>2014
15:17 Nov 27, 2015
Jkt 238001
This rule is exempt from the
otherwise applicable requirement of the
Regulatory Flexibility Act to prepare a
regulatory flexibility analysis because
the rule is issued without opportunity
for prior public comment.
Dated: November 24, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–30320 Filed 11–27–15; 8:45 am]
BILLING CODE 3510–22–P
Authority: 16 U.S.C. 1801 et seq.
PO 00000
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Agencies
[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74712-74714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30320]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150311250-5474-01]
RIN 0648-BE97
Fisheries of the Northeastern United States; Blueline Tilefish
Fishery; Secretarial Emergency Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action extended.
-----------------------------------------------------------------------
SUMMARY: This rule extends emergency permitting and possession limit
regulations for the blueline tilefish fishery in waters north of the
Virginia/North Carolina border that were implemented on June 4, 2015.
This extension is necessary to continue to constrain fishing effort on
the blueline tilefish stock while a long-term management plan is
developed. The rule is expected to reduce fishing mortality and help
ensure the long-term sustainability of the stock.
DATES: The expiration date of the emergency rule published on June 4,
2016 (80 FR 31864) is extended through June 3, 2016.
ADDRESSES: Copies the Environmental Assessment and Regulatory Impact
Review (EA/RIR) and other supporting documents for this emergency
action are available from John K. Bullard, Regional Administrator,
NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic
Drive, Gloucester, MA, 01930. The EA/RIR is also accessible via the
Internet at: https://www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Tobey Curtis, Fishery Policy Analyst,
(978) 281-9273.
SUPPLEMENTARY INFORMATION:
Background
This temporary final rule extends emergency permitting and
possession limit regulations for the blueline tilefish (Caulolatilus
microps) fishery in the Greater Atlantic Region (i.e., Federal waters
north of the latitude of the Virginia/North Carolina border) as
described in the original emergency action that published on June 4,
2015 (80 FR 31864). The initial temporary rule was implemented in
response to a request for emergency action from the Mid-Atlantic
Fishery Management Council. That temporary final rule
[[Page 74713]]
included detailed information on the background, purpose, need, and
justification to implement these emergency management measures, and
that information is not repeated here.
Section 305(c) of the Magnuson-Stevens Act allows for the extension
of an emergency action, which is otherwise effective for up to 180
days, for up to another 186 days, provided that certain criteria are
met: (1) The public has had an opportunity to comment on the emergency
regulation; and (2) in the case of a Council recommendation for
emergency action, the Council is actively developing an fishery
management plan (FMP) amendment or regulations to address the emergency
on a permanent basis. NMFS accepted public comment on the initial
emergency measures in the final rule through July 6, 2015; comments and
responses are summarized below. The Mid-Atlantic and South Atlantic
Fishery Management Councils are both working on long-term management
measures for blueline tilefish along the Atlantic coast. The Mid-
Atlantic Council has initiated an amendment to its Golden Tilefish FMP
to add blueline tilefish fishery management measures to that FMP and
manage the stock within its jurisdiction. Final action on that
amendment is expected to occur at the Council's February 2016 meeting
so that rulemaking may be completed before this temporary extension
expires. This extension does not change the measures already in place.
NMFS is not accepting additional public comment on this extension, and
has determined that all the necessary criteria have been met and,
therefore, is extending these emergency measures.
Extended Emergency Management Measures
This temporary final rule extends the following management measures
for blueline tilefish in the Greater Atlantic Region:
1. A requirement for commercial or charter/party vessels landing
blueline tilefish in the Northeast region (i.e., north of the latitude
of the Virginia/North Carolina border: 36[deg]33'01.0'' N. latitude) to
hold a valid Northeast open access golden tilefish commercial or
charter/party vessel permit, which are issued by the Greater Atlantic
Regional Fisheries Office;
2. A commercial possession limit of 300 lb (136 kg) whole weight
per trip; and
3. A recreational possession limit of seven blueline tilefish per
person, per trip.
None of these management measures modify the existing possession
regulations for golden tilefish, or any other species.
In addition to the efforts being made by the Mid-Atlantic Council,
the South Atlantic Council is considering revisions to its Snapper
Grouper FMP to modify blueline tilefish management measures that may or
may not affect the Mid-Atlantic Council's management of this stock.
Questions remain on potential stock structure of the species throughout
its distribution and there is considerable uncertainty in the data and
projections in the most recent benchmark stock assessment that are
currently being explored. It is expected that the long-term management
of blueline tilefish fisheries will be improved once these scientific
and policy issues are resolved. These extended emergency measures will
continue to protect blueline tilefish in the Greater Atlantic Region
while allowing the Councils more time to finalize their work.
Comments and Responses
We received numerous public comments prior to implementation of the
emergency action, primarily from fishermen who were opposed to overly-
restrictive possession limits on blueline tilefish. Overall, the
concerns raised in these comments were addressed by the management
measures that we implemented. We received three comments during the
original rule's comment period, and these are summarized below.
Comment 1: One comment was from a North Carolina-based commercial
fishing organization. The commenter suggested that the blueline
tilefish possession limits implemented by the rule disproportionately
impacted commercial fishing vessels while not equally restraining
recreational fishing vessels.
Response: According to the analyses in the EA (see ADDRESSES), the
possession limits implemented by NMFS were expected to have minor
negative impacts on both commercial and recreational fishing vessels.
In recent years, only 18 percent of commercial trips landed more than
500 lb (227 kg) of blueline tilefish, and in 2014, 94 percent of
landings were derived from only six vessels (out of 81 active vessels).
Therefore, the commercial possession limit of 300 lb (136 kg) was not
expected to impact the vast majority of vessels in the fishery, and by
design, reduces incentives to target blueline tilefish. Similarly, in
the recreational fishery in recent years, only 12 percent of charter/
party trips landed more than seven fish per person. Therefore, impacts
on the overall commercial and recreational fisheries were projected to
be comparable, with little impact on the vast majority of trips.
Comment 2: One comment from a New Jersey recreational fisherman
opposed the recreational possession limit, stating it was too
restrictive.
Response: As noted in the response above, a minority of
recreational trips are likely to be affected by the possession limit of
seven fish per person. The objective of the emergency rule was to
prevent further expansion of catch on this species, and we believe the
seven-fish possession limit to be appropriate, and consistent with the
recommendations of the Council. Additionally, the blueline tilefish
possession limits do not impact the possession limits of golden
tilefish or other species.
Comment 3: One comment was from a recreational fisherman who was
opposed to a possession limit of one fish per vessel (Alternative 2 in
the EA).
Response: NMFS agrees that the possession limits under Alternative
2 would have been more restrictive, and likely to result in greater
negative impacts on a higher proportion of fishery participants. NMFS
chose to implement the possession limit of seven fish per person to
help constrain fishing effort, while still allowing the fishery to
continue.
Classification
The Regional Administrator, Greater Atlantic Region, NMFS, has
determined that the emergency measures extended by this temporary rule
are necessary for the conservation and management of the blueline
tilefish fishery and are consistent with the Magnuson-Stevens Act and
other applicable law.
Under 5 U.S.C. 553(d)(1), the Assistant Administrator for Fisheries
finds good cause to waive the 30-day delayed effectiveness of this
action. Because the extension of these emergency measures contains
regulations already in place, it is contrary to public interest to
allow them to expire. As described more fully in the original emergency
action (80 FR 31864; June 4, 2015), the reasons justifying promulgation
of the rule on an emergency basis make a delay in effectiveness
contrary to the public interest. The possession limits implemented for
recreational and commercial blueline tilefish vessels fishing in
Federal waters north of the Virgina/North Carolina border are needed to
constrain fishing mortality on the stock that would otherwise be
unregulated. To provide protection for blueline tilefish, and to allow
additional
[[Page 74714]]
time for the Council to develop an appropriate long-term solution for
the management of this stock, expediting these emergency measures is
necessary.
This action is being taken pursuant to the emergency provision of
the Magnuson-Stevens Act and is exempt from OMB review.
This rule is exempt from the otherwise applicable requirement of
the Regulatory Flexibility Act to prepare a regulatory flexibility
analysis because the rule is issued without opportunity for prior
public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 24, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-30320 Filed 11-27-15; 8:45 am]
BILLING CODE 3510-22-P