[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Rules and Regulations]
[Pages 38475-38476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15907]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 131231999-4319-01]
RIN 0648-XD351


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2014 Commercial Accountability Measure and Closure for Deep-Water 
Complex 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 the 
commercial deep-water complex in the exclusive economic zone (EEZ) of 
the South Atlantic. Commercial landings for the deep-water complex, as 
estimated by the Science and Research Director, are projected to reach 
the commercial annual catch limit (ACL) on July 10, 2014. Therefore, 
NMFS is closing the commercial sector for the deep-water complex in the 
South Atlantic EEZ on July 10, 2014, and it will remain closed until 
the start of the next fishing season, January 1, 2015. This closure is 
necessary to protect the deep-water complex resource.

DATES: This rule is effective 12:01 a.m., local time, July 10, 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 the deep-water complex and is managed under the 
Fishery Management Plan for the Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). The deep-water complex in the South Atlantic 
includes yellowedge grouper, silk snapper, misty grouper, queen 
snapper, sand tilefish, black snapper, and blackfin snapper. 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 and for the deep-water complex in the EEZ of the 
South Atlantic. That emergency rule implemented an updated commercial 
ACL for the deep-water complex in the South Atlantic of 60,371 lb 
(27,384 kg), round weight. The emergency rule 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(z)(1), NMFS is required to close the 
commercial sector for the deep-water complex 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 the South Atlantic deep-water 
complex will have been reached by July 10, 2014. Accordingly, the 
commercial sector for the South Atlantic deep-water complex is closed 
effective 12:01 a.m., local time, July 10, 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 any deep-water complex species 
onboard must have landed and bartered, traded, or sold such species 
prior to 12:01 a.m., local time, July 10, 2014. During the closure, all 
sale or purchase of the deep-water complex species is prohibited and 
harvest or possession of the deep-water complex species 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 the deep-water complex species that were harvested, 
landed ashore, and sold prior to 12:01 a.m., local time, July 10, 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 
the deep-water complex 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(z)(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

[[Page 38476]]

commercial sector for the deep-water complex 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 the deep-water complex 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: July 2, 2014.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2014-15907 Filed 7-2-14; 4:15 pm]
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