[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36932-36933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15863]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130403322-4454-02]
RIN 0648-XE017


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of Commercial Sector for Atlantic Dolphin

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

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for 
Atlantic dolphin (dolphin) in the exclusive economic zone (EEZ) off the 
Atlantic states (Maine through the east coast of Florida) through this 
temporary rule. The most recent landings for dolphin indicate the 
commercial annual catch limit (ACL) has not yet been reached. 
Therefore, NMFS re-opens the commercial sector for dolphin at 4:15 
p.m., local time, June 24, 2015, and it will close at 12:01 a.m., local 
time, June 30, 2015 in the exclusive economic zone (EEZ) of the 
Atlantic. A June 30, 2015, closure will minimize the risk of the 
commercial ACL being exceeded and provides more sufficient notice to 
fishermen of the closure.

DATES: This rule is effective at 4:15 p.m., local time, June 24, 2015, 
until 12:01 a.m., local time, June 30, 2015.

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

SUPPLEMENTARY INFORMATION: The dolphin and wahoo fishery off the 
Atlantic states is managed under the Fishery Management Plan for the 
Dolphin and Wahoo Fishery of the Atlantic (FMP). The FMP was prepared 
by the South Atlantic Fishery Management Council, in cooperation with 
the Mid-Atlantic and New England Fishery Management Councils, 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 commercial ACL for dolphin is 1,157,001 lb (524,807 kg), round 
weight. Under 50 CFR 622.280(a)(l)(i), NMFS is required to close the 
commercial sector for dolphin when the commercial ACL has been reached, 
or is projected to be reached, by filing a notification to that effect 
with the Office of the Federal Register. NMFS previously determined 
that the commercial ACL would be reached and that the commercial sector 
for dolphin should close on June 24, 2015. Therefore, NMFS published a 
temporary rule to implement accountability measures (AMs) to close the 
commercial sector for dolphin in the EEZ off the Atlantic states (Maine 
through the east coast of Florida), effective at 12:01 a.m., local 
time, June 24, 2015 (80 FR 36249, June 24, 2015).
    However, the most recent landings for dolphin indicate the 
commercial ACL has not been reached. Consequently and in accordance 
with 50 CFR 622.8(c), NMFS temporarily re-opens the commercial sector 
for dolphin on June 24, 2015, and closes the commercial sector on June 
30, 2015. A closure on June 30, 2015, minimizes the risk of the 
commercial ACL for dolphin from being exceeded and provides sufficient 
notice to fishermen of the closure.
    The operator of a vessel with a valid commercial vessel permit for 
dolphin on board must have landed and

[[Page 36933]]

bartered, traded, or sold such species prior to the closure at 12:01 
a.m., local time, June 30, 2015. During the closure, the bag and 
possession limits specified in 50 CFR 622.277(a)(1) apply to all 
harvest or possession of dolphin in or from the Atlantic EEZ. 
Additionally, these bag and possession limits apply in the Atlantic EEZ 
(Maine through the east coast of Florida) on board a vessel for which a 
valid Federal commercial or charter vessel/headboat permit for dolphin 
and wahoo has been issued, without regard to where such species were 
harvested, i.e., in state or Federal waters. During the closure, the 
sale or purchase of dolphin taken from the EEZ is prohibited. The 
commercial sector for dolphin will re-open on January 1, 2016, the 
beginning of the 2016 commercial fishing season.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
dolphin off the Atlantic states and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.8(c) and 622.280(a)(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 Assistant Administrator for Fisheries, NOAA (AA), finds that the 
need to immediately implement this action to temporarily re-open the 
commercial sector for dolphin 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 are unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule implementing the commercial 
ACL and AMs has been subject to notice and comment, and all that 
remains is to notify the public of the re-opening. Such procedures are 
contrary to the public interest because of the need to immediately 
implement this action to allow vessels with dolphin to transit safely 
and land dolphin harvested in the EEZ by June 30, 2015, while 
minimizing the risk of exceeding the commercial ACL. Prior notice and 
opportunity for public comment would require time, would delay the re-
opening of the commercial sector, and would potentially result in the 
discard of dolphin already harvested legally prior to June 24, 2015.
    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 24, 2015.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-15863 Filed 6-24-15; 4:15 pm]
 BILLING CODE 3510-22-P