[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Rules and Regulations]
[Page 32478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14048]



[[Page 32478]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XD962


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 Recreational 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 recreational 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. The NMFS Science and Research Director estimates that 
recreational landings for blueline tilefish have reached the 
recreational annual catch limit (ACL). Therefore, NMFS is closing the 
recreational sector for blueline tilefish in the South Atlantic EEZ at 
12:01 a.m., local time, June 10, 2015, and it will remain closed until 
the 2016 recreational fishing season begins on May 1, 2016. This 
closure is necessary to protect the blueline tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, June 10, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, 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 for blueline tilefish in 
Amendment 32 to the FMP for the Snapper-Grouper Fishery of the South 
Atlantic Region (Amendment 32) (80 FR 16583, March 30, 2015). Amendment 
32 contains management measures that end overfishing of blueline 
tilefish in the South Atlantic.
    NMFS is required to close the recreational sector for blueline 
tilefish when the recreational 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)(2)(i). The 
recreational ACL for blueline tilefish in 2015 is 17,791 lb (8,070 kg), 
round weight. NMFS has determined that the recreational ACL for South 
Atlantic blueline tilefish has been reached. Accordingly, the 
recreational sector for South Atlantic blueline tilefish is closed 
effective June 10, 2015, until 12:01 a.m., local time, January 1, 2016, 
the start of the next fishing year. However, as described in 50 CFR 
622.183(b)(7), the recreational sector for blueline tilefish is also 
closed from January 1 through April 30, and September 1 through 
December 31, each year. Therefore, the recreational sector may not 
harvest blueline tilefish until May 1, 2016.
    During the closure, the bag and possession limits for blueline 
tilefish in or from the South Atlantic EEZ are zero. Additionally, NMFS 
closed the commercial sector for blueline tilefish effective April 7, 
2015, upon reaching the commercial ACL (80 FR 18551, April 7, 2015). 
Therefore, on June 10, 2015, no commercial or recreational harvest of 
blueline tilefish from the South Atlantic EEZ is permitted for the 
remainder of 2015. The commercial sector for blueline tilefish reopens 
on January 1, 2016.

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)(2)(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 Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to immediately implement this action to close the recreational 
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)(2)(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 recreational 
sector allows for rapid harvest of the recreational ACL. Prior notice 
and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
recreational 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 4, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-14048 Filed 6-5-15; 8:45 am]
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