[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Rules and Regulations]
[Pages 18551-18552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07946]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XD869


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 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, have reached the commercial annual 
catch limit (ACL). Therefore, NMFS is closing the commercial sector for 
blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, 
April 7, 2015, and it will remain closed until the start of the next 
fishing season, January 1, 2016. This closure is necessary to protect 
the blueline tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, April 7, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Britni LaVine, NMFS Southeast Region, 
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 South Atlantic Fishery Management Council and NMFS 
prepared the FMP, and the FMP is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    NMFS implemented management measures in Amendment 32 to the FMP for 
the Snapper-Grouper Fishery of the South Atlantic Region (Amendment 
32). The final rule published in the Federal Register, and was 
effective, on March 30, 2015 (80 FR 16583). Amendment 32 contains 
management measures that end overfishing of blueline tilefish in the 
South Atlantic.
    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, as specified in 50 CFR 622.193(z)(1)(i). The 
commercial ACL for blueline tilefish is 17,841 lb (8,093 kg), round 
weight. NMFS has determined that the commercial ACL for South Atlantic 
blueline tilefish has been reached. Accordingly, the commercial sector 
for South Atlantic blueline tilefish is closed effective April 7, 2015, 
until 12:01 a.m., local time, January 1, 2016.
    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 April 7, 2015. 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)(iv) 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.
    Note that the recreational sector for blueline tilefish opened on 
January 1 and closed March 30, 2015, when the final rule for Amendment 
32 became effective, because Amendment 32 implemented a seasonal 
closure for the recreational sector for blueline tilefish that extends 
from September 1 through April 30. Currently, the recreational sector 
for blueline tilefish is scheduled to reopen on May 1, 2015, and stay 
open through August 31, 2015, if the recreational ACL has not been met.

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 and other applicable laws.
    This action is taken under 50 CFR 622.193(z)(1)(i) 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

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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 prior notice and 
opportunity for public comment are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.193(z)(1)(i) have already been subject to 
notice and comment, and all that remains is to notify the public of the 
closure. Such procedures are contrary to the public interest because 
there is a 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.

Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-07946 Filed 4-2-15; 4:15 pm]
BILLING CODE CODE 3510-22-P