[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Rules and Regulations]
[Pages 61262-61263]
From the Federal Register Online via the Government Publishing 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.

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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 http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2014/acl_er/index.html.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, Southeast Regional 
Office, NMFS, telephone: 727-824-5305, email: [email protected].

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]
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