[Federal Register Volume 79, Number 119 (Friday, June 20, 2014)]
[Rules and Regulations]
[Page 35292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14461]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 131231999-4319-01]
RIN 0648-XD331


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2014 Commercial Accountability Measure and Closure for Blueline 
Tilefish in the South Atlantic Region

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary Rule; Closure.

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SUMMARY: NMFS implements accountability measures (AMs) for commercial 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings for blueline tilefish, as estimated by 
the Science and Research Director, are projected to reach the 
commercial annual catch limit (ACL) on June 23, 2014. Therefore, NMFS 
is closing the commercial sector for blueline tilefish in the South 
Atlantic EEZ on June 23, 2014, and it will remain closed until the 
start of the next fishing season, January 1, 2015. This closure is 
necessary to protect the blueline tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, June 23, 2014, 
until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes blueline tilefish and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic Fishery 
Management Council and is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    Given new stock assessment results that indicated the blueline 
tilefish stock is overfished and undergoing overfishing in the South 
Atlantic, NMFS published an emergency rule (79 FR 21636, April 17, 
2014) to 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. That emergency rule 
implemented a commercial ACL for blueline tilefish in the South 
Atlantic of 112,207 lb (50,896 kg), round weight and established in-
season AMs for blueline tilefish to prevent the catch limit from being 
exceeded. The emergency rule (79 FR 21636, April 17, 2014) is effective 
April 17, 2014, through October 14, 2014, unless superseded by 
subsequent rulemaking. NMFS may extend the rule's effectiveness for an 
additional 186 days pursuant to the Magnuson-Stevens Act.
    Under 50 CFR 622.193(aa)(1), NMFS is required to close the 
commercial sector for blueline tilefish when the commercial ACL is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. NMFS has 
determined that the commercial ACL for South Atlantic blueline tilefish 
will have been reached by June 23, 2014. Accordingly, the commercial 
sector for South Atlantic blueline tilefish is closed effective 12:01 
a.m., local time, June 23, 2014, until 12:01 a.m., local time, January 
1, 2015.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having blueline tilefish onboard must 
have landed and bartered, traded, or sold such blueline tilefish prior 
to 12:01 a.m., local time, June 23, 2014. During the closure, 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 limits specified in 50 CFR 
622.187(b)(2) and 622.187(c)(1), respectively. These bag and possession 
limits 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 prohibition on 
sale or purchase does not apply to the sale or purchase of blueline 
tilefish that were harvested, landed ashore, and sold prior to 12:01 
a.m., local time, June 23, 2014, and were held in cold storage by a 
dealer or processor.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
blueline tilefish and the South Atlantic snapper-grouper fishery and is 
consistent with the Magnuson-Stevens Act, the FMP, and other applicable 
laws.
    This action is taken under 50 CFR 622.193(aa)(1) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best available scientific information 
recently obtained from the fishery. The Assistant Administrator for 
Fisheries, NOAA, (AA), finds that the need to immediately implement 
this action to close the commercial sector for blueline tilefish 
constitutes good cause to waive the requirements to provide prior 
notice and opportunity for public comment pursuant to the authority set 
forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary 
and contrary to the public interest. Such procedures would be 
unnecessary because the rule itself has been subject to notice and 
comment, and all that remains is to notify the public of the closure.
    Allowing prior notice and opportunity for public comment is 
contrary to the public interest because of the need to immediately 
implement this action to protect blueline tilefish since the capacity 
of the fishing fleet allows for rapid harvest of the commercial ACL. 
Prior notice and opportunity for public comment would require time and 
would potentially result in a harvest well in excess of the established 
commercial ACL.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: June 17, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-14461 Filed 6-17-14; 4:15 pm]
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