[Federal Register Volume 79, Number 202 (Monday, October 20, 2014)]
[Rules and Regulations]
[Page 62575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24924]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100120037-1626-02]
RIN 0648-XD549


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2014 Accountability Measures and Closure for Commercial Wrasses in the 
U.S. Caribbean Off Puerto Rico

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

ACTION: Temporary rule; accountability measure.

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SUMMARY: NMFS implements accountability measures (AMs) for commercial 
wrasses in the exclusive economic zone of the U.S. Caribbean (EEZ) off 
Puerto Rico for the 2014 fishing year through this temporary rule. NMFS 
has determined that the commercial annual catch limit (ACL) for wrasses 
off Puerto Rico, as estimated by the Science and Research Director 
(SRD), was exceeded based on average landings during the 2011-2012 
fishing years. This temporary rule reduces the length of the 2014 
commercial fishing season for wrasses off Puerto Rico by the amount 
necessary to ensure that landings do not exceed the commercial ACL in 
2014. NMFS implements AMs and closes the commercial sector for wrasses 
off Puerto Rico at 12:01 a.m., local time, on October 20, 2014, through 
the end of the fishing year, December 31, 2014. These AMs are necessary 
to protect the Caribbean wrasses resource.

DATES: The AMs for commercial wrasses in the EEZ off Puerto Rico are 
effective 12:01 a.m., local time, October 20, 2014, until 12:01 a.m., 
local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: William S. Arnold, telephone: 727-824-
5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The reef fish fishery of the Caribbean, 
which includes wrasses (i.e., hogfish (Lachnolaimus maximus), 
puddingwife (Halichoeres radiatus), and Spanish hogfish (Bodianus 
rufus)), is managed under the Fishery Management Plan for the Reef Fish 
Fishery of Puerto Rico and the U.S. Virgin Islands (FMP). The FMP was 
prepared by the Caribbean 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. The ACLs specified in this temporary rule are given in round 
weight.
    The commercial ACL for wrasses in the Puerto Rico management area 
is 54,147 lb (24,561 kg), as specified at 50 CFR 622.12(a)(1)(i)(L).
    In accordance with regulations at 50 CFR 622.12(a), if landings 
from a Caribbean island management area, as specified in Appendix E to 
part 622, are estimated by the SRD to have exceeded the applicable ACL, 
the Assistant Administrator for Fisheries, NOAA, (AA), will file a 
notification with the Office of the Federal Register to reduce the 
length of the fishing season for the applicable species or species 
groups that year by the amount necessary to ensure landings do not 
exceed the applicable ACL, as specified at 50 CFR 622.12(a)(1) for 
Puerto Rico management area species or species groups. Landings will be 
evaluated relative to the applicable ACL based on a moving multi-year 
average of landings, as described in the FMP. The most recent data is 
from the 2011 and 2012 fishing years. Data from 2013 are not available 
at this time. Therefore, NMFS has determined the commercial ACL for 
wrasses based on 2011-2012 data has been exceeded. This temporary rule 
implements AMs for the commercial sector for wrasses to reduce the 2014 
fishing season to ensure landings do not exceed the commercial ACL for 
wrasses in the 2014 fishing year. The 2014 fishing season for the 
commercial sector for wrasses in or from the Puerto Rico management 
area of the EEZ ends at 12:01 a.m., local time, on October 20, 2014. 
The 2015 fishing season begins 12:01 a.m., local time, January 1, 2015.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
wrasses in the U.S. Caribbean off Puerto Rico and is consistent with 
the Magnuson-Stevens Act, the FMP, and other applicable laws.
    This action is taken under 50 CFR 622.12(a) 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 scientific information available. 
The Assistant Administrator for Fisheries, NOAA (AA), finds good cause 
to waive the requirements to provide prior notice and opportunity for 
public comment pursuant to the authority set forth at 5 U.S.C. 
553(b)(B) as such prior notice and opportunity for public comment is 
unnecessary and contrary to the public interest. Such procedures are 
unnecessary because the rules implementing the ACLs and AMs for these 
species and species groups have been subject to notice and comment, and 
all that remains is to notify the public that the ACLs were exceeded 
and that the AMs for wrasses are being implemented for the 2014 fishing 
year. 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 wrasses resource. The capacity of 
the fishing fleet allows for rapid harvest of the ACL and prior notice 
and opportunity for public comment would 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: October 15, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-24924 Filed 10-16-14; 11:15 am]
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