Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16583 

cartridges in checked baggage in 

addition to the currently authorized 

flammable aerosols when stowed in 

inaccessible cargo compartments on 

passenger-carrying aircraft. 

Butane-Powered Curling Iron Articles 

As previously stated, 49 CFR 175.10 

prescribes certain conditional 

exceptions to the HMR for passengers, 

crewmembers, and air operators for 

hazardous materials contained in their 

carry-on (including on one’s person) 

and checked baggage. In paragraph 

(a)(6), hair curlers (curling irons), 

containing a hydrocarbon gas such as 

butane, are excepted from the 

requirements of the HMR in checked 

baggage. Flammable gas refills for such 

curlers are not permitted in carry-on or 

checked baggage. (emphasis added). 

In an NPRM published January 23, 

2015 (80 FR 3836; [HM–218H]), PHMSA 

is considering prohibiting butanepowered curling iron articles in checked 

baggage. We believe the risk posed by 

flammable gases in an inaccessible 

compartment on a passenger-carrying 

aircraft is clear. Flammable gases will 

burn if mixed with an appropriate 

amount of air and confined burning of 

a flammable gas can lead to detonation. 

As a result, we remain concerned with 

the flammability hazard posed by 

butane and other flammable gases and 

the ability of such gases to propagate or 

contribute to a fire in the cargo 

compartment of an aircraft. This 

concern is particularly relevant to 

carriage in checked baggage, where 

damage to the curling iron and the 

subsequent release of a flammable gas 

may occur if the baggage is mishandled 

or the article itself is compromised. 

Conclusion 

Because of the risks posed by 

flammable gas, a number of safety 

requirements apply to cargo shipments 

of flammable gas on passenger-carrying 

aircraft. As previously stated, most 

Division 2.1 (flammable gas) substances 

and articles are generally forbidden 

from transportation as cargo aboard 

passenger-carrying aircraft, and 

PHMSA’s proposal to prohibit the 

carriage of butane-powered curling irons 

in checked baggage is consistent with 

this provision. In the area of aviation 

safety, where the high volume of travel 

and the catastrophic consequences of 

failure lead to a very low tolerance for 

risk, we firmly believe the known risks 

of flammable gas are sufficient basis for 

our decision. 

We remain concerned with the 

flammability hazard posed by butane 

and other flammable gases and the 

ability of such gases to propagate or 

contribute to a fire in an inaccessible 

cargo compartment of a passengercarrying aircraft. Moreover, in light of 

the well-established risks related to 

flammable gas and the long-standing 

prohibition of most flammable gas on 

passenger-carrying aircraft, PHMSA will 

continue to prohibit fuel cell cartridges 

that contain a class 2.1 flammable gas 

from being placed in checked baggage. 

Magdy El-Sibaie, 

Associate Administrator for Hazardous 

Materials Safety. 

[FR Doc. 2015–07109 Filed 3–27–15; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140501394–5279–02] 

RIN 0648–BE20 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern 

Atlantic States; Amendment 32 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement Amendment 32 to the 

Fishery Management Plan for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (FMP), as prepared by 

the South Atlantic Fishery Management 

Council (Council). This rule removes 

blueline tilefish from the deep-water 

complex; establishes blueline tilefish 

commercial and recreational sector 

annual catch limits (ACLs) and 

accountability measures (AMs); revises 

the deep-water complex ACLs and AMs; 

establishes a blueline tilefish 

commercial trip limit; and revises the 

blueline tilefish recreational bag limit. 

The purpose of this rule is to specify 

ACLs and AMs for blueline tilefish to 

end overfishing of the stock and 

maintain catch levels consistent with 

achieving optimum yield (OY) for the 

blueline tilefish resource. 

DATES: This rule is effective March 30, 

2015. 

ADDRESSES: Electronic copies of 

Amendment 32, which includes an 

environmental assessment, a Regulatory 

Flexibility Act (RFA) analysis, and a 

regulatory impact review, may be 

obtained from the Southeast Regional 

Office Web site at http://sero.nmfs.noaa

.gov/sustainable_fisheries/s_atl/sg/

2014/am32/index.html. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, telephone: 727–824–5305, or 

email: rick.devictor@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

blueline tilefish is a species included in 

the snapper-grouper fishery of the South 

Atlantic, and the fishery is managed 

under the FMP. The FMP was prepared 

by the Council and is implemented 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

On December 19, 2014, NMFS 

published a notice of availability for 

Amendment 32 and requested public 

comment (79 FR 75780). On January 22, 

2015, NMFS published a proposed rule 

for Amendment 32 and requested public 

comment (80 FR 3207). The proposed 

rule and Amendment 32 outline the 

rationale for the actions contained in 

this final rule. A summary of the actions 

implemented by Amendment 32 and 

this final rule is provided below. 

A benchmark assessment for the 

blueline tilefish stock in the South 

Atlantic was conducted through the 

Southeast, Data, Assessment, and 

Review (SEDAR) process in 2013 

(SEDAR 32). The assessment 

determined that the blueline tilefish 

stock is undergoing overfishing in the 

South Atlantic. NMFS published an 

emergency rule on April 17, 2014 (79 FR 

21636), that implemented temporary 

measures to reduce overfishing of 

blueline tilefish while Amendment 32 

was under development. Those 

measures were extended through a 

temporary rule (79 FR 61262, October 

10, 2014), and are effective through 

April 18, 2015. The temporary measures 

of the emergency action include the 

following: Removal of blueline tilefish 

from the deep-water complex, 

specification of sector ACLs and AMs 

for blueline tilefish, and revision to the 

deep-water complex ACL to reflect the 

removal of blueline tilefish from the 

complex. Unless otherwise noted, all 

weights in this rule are expressed in 

round weight. 


asabaliauskas on DSK5VPTVN1PROD with RULES
16584 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

Management Measures Contained in 

This Final Rule 

Removal of Blueline Tilefish From the 

Deep-Water Complex 

This final rule removes blueline 

tilefish from the deep-water complex. In 

2012, the Comprehensive ACL 

Amendment established a deep-water 

complex that contained the following 

eight species: Blueline tilefish, 

yellowedge grouper, silk snapper, misty 

grouper, queen snapper, sand tilefish, 

black snapper, and blackfin snapper (77 

FR 15916, March 16, 2012). 

As a result of blueline tilefish being 

assessed through SEDAR 32 and the 

Council’s Scientific and Statistical 

Committee (SSC) providing an 

assessment-based acceptable biological 

catch (ABC) recommendation for 

blueline tilefish, the Council decided to 

remove blueline tilefish from the deepwater complex and establish individual 

ACLs and AMs for the blueline tilefish 

stock. Amendment 29 to the FMP, 

which was approved by the Secretary of 

Commerce on February 20, 2015, 

revised the deep-water complex ABC, 

and Amendment 32 then revised the 

deep-water complex commercial and 

recreational ACLs. 

Blueline Tilefish Commercial and 

Recreational ACLs and AMs 

This final rule implements blueline 

tilefish commercial and recreational 

ACLs to end overfishing of the stock. 

The total ACLs (combined commercial 

and recreational ACLs, equivalent to a 

total ACL) for blueline tilefish are set at 

35,632 lb (16,162 kg) for 2015, 53,457 lb 

(24,248 kg) for 2016, 71,469 lb (32,418 

kg) for 2017, and 87,974 lb (39,904 kg) 

for 2018, and subsequent fishing years. 

Based on the sector allocations of 50.07 

percent and 49.93 percent for the 

commercial and recreational sectors, the 

commercial ACLs are set at 17,841 lb 

(8,093 kg) for 2015, 26,766 lb (12,141 kg) 

for 2016, 35,785 lb (16,232 kg) for 2017, 

and 44,048 lb (19,980 kg) for 2018, and 

subsequent fishing years. The 

recreational ACLs are set at 17,791 lb 

(8,070 kg) for 2015, 26,691 lb (12,107 kg) 

for 2016, 35,685 lb (16,186 kg) for 2017, 

and 43,925 lb (19,924 kg) for 2018, and 

subsequent fishing years. 

This final rule implements 

commercial and recreational in-season 

AMs for blueline tilefish. If commercial 

or recreational landings for blueline 

tilefish reach or are projected to reach 

the applicable ACL, then the 

commercial or recreational sector, as 

applicable, would be closed for the 

remainder of the fishing year. The 

recreational sector would not have an 

in-season closure if the Regional 

Administrator (RA) determines, using 

the best scientific information available, 

that a closure would be unnecessary. 

Additionally, if the total ACLs are 

exceeded in a fishing year, then during 

the following fishing year the 

commercial and recreational sectors will 

not have an increase in their respective 

ACLs. 

This rule also implements post-season 

ACL overage adjustments (paybacks) for 

blueline tilefish. For the commercial 

sector, if commercial landings exceed 

the commercial ACL, and the total ACL 

is exceeded, and blueline tilefish are 

overfished, then during the following 

fishing year the commercial ACL would 

be reduced for that following year by the 

amount of the commercial ACL overage 

in the prior fishing year. For the 

recreational sector, if recreational 

landings for blueline tilefish exceed the 

applicable recreational ACL, and the 

total ACL is exceeded, and blueline 

tilefish are overfished, then the length of 

the recreational fishing season in the 

following fishing year would be reduced 

to ensure recreational landings do not 

exceed the recreational ACL the 

following fishing year. Additionally, the 

recreational ACL would be reduced by 

the amount of the recreational ACL 

overage from the prior fishing year. 

However, the recreational fishing season 

and recreational ACL would not be 

reduced if the RA determines, using the 

best scientific information available that 

no reduction is necessary. 

Additional Blueline Tilefish 

Management Measures 

This final rule implements a 

commercial trip limit of 100 lb (45 kg), 

gutted weight; 112 lb (51 kg), round 

weight, and revises the recreational bag 

limit for blueline tilefish. The 

recreational bag limit within the 

aggregate grouper and tilefish bag limit 

is set at one per vessel per day for the 

months of May through August. There is 

no retention of blueline tilefish by the 

recreational sector from January through 

April and from September through 

December each year. 

Deep-Water Complex Commercial and 

Recreational ACLs and AMs 

This final rule revises the ACLs and 

AMs for the deep-water complex 

(composed of yellowedge grouper, silk 

snapper, misty grouper, queen snapper, 

sand tilefish, black snapper, and 

blackfin snapper). This rule changes the 

deep-water complex total ACL (both 

sectors without blueline tilefish but 

with the increased catch levels for silk 

snapper and yellowedge grouper 

resulting from their increased ABCs in 

Amendment 29), to 170,278 lb (77,237 

kg). Additionally, this rule establishes 

sector-specific ACLs for the deep-water 

complex based on the allocations for 

species in the deep-water complex that 

were established in the Comprehensive 

ACL Amendment (77 FR 15916, March 

16, 2012). The commercial ACL for the 

complex is set at 131,634 lb (59,708 kg) 

and the recreational ACL for the 

complex is set at 38,644 lb (17,529 kg). 

This final rule revises the AMs for the 

deep-water complex including the 

commercial post-season AM and the 

recreational AMs. The commercial postseason AM is revised as follows: If 

commercial landings exceed the 

commercial ACL, and the combined 

commercial and recreational ACL (total 

ACL) is exceeded, and at least one 

species in the deep-water complex is 

overfished, then during the following 

fishing year the complex commercial 

ACL would be reduced for that 

following year by the amount of the 

complex’s commercial ACL overage in 

the prior fishing year. 

The recreational post-season AM is 

revised as follows: For the recreational 

sector, if recreational landings for the 

deep-water complex exceed the 

applicable recreational ACL, and the 

combined commercial and recreational 

ACL is exceeded, and at least one 

species in the complex is overfished, 

then the length of the recreational 

fishing season in the following fishing 

year would be reduced to ensure 

recreational landings do not exceed the 

recreational ACL the following fishing 

year. Additionally, the recreational ACL 

would be reduced by the amount of the 

recreational ACL overage from the prior 

fishing year. However, the recreational 

fishing season and recreational ACL 

would not be reduced if the RA 

determined, using the best scientific 

information available, that no reduction 

is necessary. 

Additional Measures Contained in 

Amendment 32 

Amendment 32 also contains actions 

that are not specified in the regulations. 

Amendment 32 revises the definitions 

of management thresholds for South 

Atlantic blueline tilefish, including 

maximum sustainable yield (MSY), OY, 

and ABC, and establishes recreational 

annual catch targets (ACTs) for blueline 

tilefish and revises the ACTs for the 

deep-water complex. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16585 

Comments and Responses 

A total of 76 comments were received 

on Amendment 32 and the proposed 

rule from fishers, a fishing association, 

and a Federal agency. All of the public 

comments received were against the 

proposed actions, with the exception of 

the comment letter from a Federal 

agency that had no comment. Specific 

comments related to the actions 

contained in Amendment 32 and the 

proposed rule, and NMFS’ respective 

responses, are summarized and 

responded to below. 

Comment 1: The proposed ACLs are 

too low. Higher ACLs should be 

implemented or the ABC and ACLs 

should be returned to the levels in place 

before the emergency rule was 

implemented. 

Response: NMFS disagrees that the 

ACLs being implemented in this final 

rule are too low. A benchmark 

assessment for the blueline tilefish stock 

in the South Atlantic was conducted in 

2013 (SEDAR 32). At its October 2013 

meeting, the Council’s SSC determined 

the 2013 stock assessment was based on 

the best scientific information available 

and considered the assessment to be 

appropriate for management decisions. 

The assessment determined that the 

blueline tilefish stock is undergoing 

overfishing in the South Atlantic. As 

required by the Magnuson-Stevens Act, 

the Council must therefore implement 

measures to end overfishing within 2 

years of notification of an overfishing 

status, and NMFS notified the Council 

of the blueline tilefish stock status on 

December 6, 2013. If the Council and 

NMFS allow the ACLs to return to levels 

in place prior to the emergency rule, 

overfishing of the blueline tilefish stock 

would continue. 

The ACLs in Amendment 32 are 

based on the stock assessment and the 

Council’s SSC recommendation for the 

ABC. In Amendment 32, the Council 

decided to set the total (stock) ACL at 

98 percent of the ABC to account for 

landings that occur north of the 

Council’s area of jurisdiction. As 

estimated in SEDAR 32, using data 

through 2011, approximately 2 percent 

of the total blueline tilefish harvest was 

landed north of the North Carolina/

Virginia border. NMFS, the Council, and 

the Mid-Atlantic Fishery Management 

Council are aware of recent reports of 

increased landings north of the 

Council’s area of jurisdiction and are 

considering measures to address the 

issue. 

Comment 2: Beginning in 2015, North 

Carolina has been requiring catch 

reports from all for-hire vessels in North 

Carolina. The Council should wait one 

more year before taking action in 

Amendment 32 to allow the 

incorporation of the information from 

the North Carolina for-hire catch 

reports. 

Response: The Council and NMFS 

cannot delay the actions in Amendment 

32 to end overfishing of blueline tilefish 

to include new information being 

developed in North Carolina beginning 

in 2015. As required by the MagnusonStevens Act, the Council must 

implement measures to end overfishing 

within 2 years of notification of an 

overfishing status, and NMFS notified 

the Council of the blueline tilefish stock 

status on December 6, 2013. The next 

blueline tilefish stock assessment is 

scheduled to begin in 2016. That 

assessment will evaluate the available 

scientific information, including the 

new for-hire catch reports. 

Comment 3: The proposed blueline 

tilefish recreational bag limit of one per 

vessel per day from May to August is 

too low. Implement higher bag limits or 

retain blueline tilefish in the three fish 

per person per day grouper and tilefish 

aggregate bag limit. 

Response: NMFS disagrees that the 

recreational bag limit being established 

in this final rule is too low. To end 

overfishing of the blueline tilefish stock 

in the South Atlantic, the Council and 

NMFS are implementing blueline 

tilefish specific ACLs and AMs. One of 

the recreational AMs is to close the 

recreational season when the 

recreational ACL is met or projected to 

be met. If a higher bag limit were to be 

implemented, the likelihood of an ACL 

overage would increase as landings 

could exceed the recreational ACL 

before NMFS could close the 

recreational sector. 

A recreational bag limit of one 

blueline tilefish per vessel per day and 

an 8-month annual closure was 

determined to be most likely to end 

overfishing, reduce recreational harvest, 

and potentially reduce blueline tilefish 

discards if blueline tilefish are targeted 

less during the open season as a result 

of the reduced bag limit. The Council 

determined that the shortened summer 

seasonal opening could provide 

increased stability to recreational fishers 

for planning purposes as it could 

minimize the risk of an in-season 

closure and the recreational ACL being 

exceeded, which may require postseason AMs in the following fishing 

year. In addition, the Council 

determined that an opening during the 

summer months could increase safetyat-sea by allowing fishing to occur in the 

generally calmer summer weather 

compared to a January 1 season opening 

during the winter. The recreational bag 

limit and seasonal closure for the 

blueline tilefish recreational sector 

would match what is being proposed by 

the Council for snowy grouper through 

Regulatory Amendment 20 to the FMP. 

The Council determined that similar 

recreational management measures and 

fishing seasons would be beneficial to 

the fish stocks as both species are 

caught at similar depths and have 

similar high release mortality rates. 

Comment 4: The blueline tilefish 

commercial trip limit should be 1,000 lb 

(450 kg) instead of 100 lb (45 kg). 

Response: NMFS disagrees that the 

commercial trip limit should be 1,000 lb 

(450 kg). The commercial ACL 

implemented by this rule in 2015 is 

17,841 lb (8,093 kg), round weight with 

a commercial trip limit of 100 lb (45 kg), 

gutted weight. The commercial AM 

implemented by this rule is to close the 

commercial sector when the commercial 

ACL is met or projected to be met. It is 

estimated that the combination of the 

commercial ACL, AM, and trip limit 

will create a commercial fishing season 

length of 156 days in 2015. The Council 

considered a range of trip limit 

alternatives, including those greater 

than 100 lb (45 kg). A 1,000-lb (450-kg) 

trip limit would be likely to greatly 

reduce the length of the commercial 

fishing season and increase the 

likelihood of a derby (race-to-fish) 

fishery occurring. The Council 

determined, after reviewing the analysis 

of the estimated season length, that a 

trip limit of 100 lb (45 kg), gutted 

weight, best meets the purpose of 

ending overfishing while extending the 

commercial fishing season and 

minimizing the adverse effects of a 

derby fishery. 

Comment 5: The commercial ACL 

should be divided 50/50 between the 

longline and hook-and-line gear 

components. 

Response: The Council did not 

consider dividing the blueline tilefish 

commercial ACL into separate ACLs for 

long-line and hook-and-line gear for the 

commercial sector in Amendment 32. 

Therefore, in Amendment 32, the 

commercial ACL is not further divided 

by gear type. 

Comment 6: Is blueline tilefish 

overfished and if not, is Amendment 32 

legally credible? If blueline tilefish are 

not overfished, haven’t the Council and 

NMFS already legally ended overfishing 

as required by law? 


asabaliauskas on DSK5VPTVN1PROD with RULES
16586 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

Response: The blueline tilefish stock 

is not overfished but it is undergoing 

overfishing. Overfishing occurs 

whenever a stock is subjected to a rate 

or level of fishing mortality that 

jeopardizes the capacity of a stock to 

produce MSY. A stock is overfished 

when its size is sufficiently small that 

a change in management practices is 

required to achieve an appropriate level 

and rate of rebuilding. 

Based on the SEDAR 32 assessment 

conducted in 2013, NMFS determined 

that the blueline tilefish stock in the 

South Atlantic is experiencing 

overfishing and notified the Council of 

the stock status on December 6, 2013. At 

the time, NMFS also notified the 

Council that the stock was overfished 

according to the definition of the 

minimum stock size threshold (MSST). 

However, since that notification, the 

Council re-defined the MSST for 

blueline tilefish and other fish with low 

natural mortality rates in Regulatory 

Amendment 21 to the FMP, and 

blueline tilefish is no longer overfished 

(79 FR 60379, October 7, 2014). Even 

though the stock is not overfished, 

NMFS and the Council must still 

prepare and implement a plan 

amendment and regulations to end 

overfishing of blueline tilefish by 

December 6, 2015. 

Comment 7: The South Atlantic 

exclusive economic zone (EEZ) should 

be divided into separate management 

zones for the Florida Keys and North 

Carolina. Overfishing is not occurring 

throughout the entire EEZ and catches 

should only be limited in the areas 

where overfishing is occurring. 

Response: The Council did not 

consider regional management zones for 

blueline tilefish in Amendment 32. The 

SEDAR 32 stock assessment indicated 

that blueline tilefish in the South 

Atlantic is undergoing overfishing 

throughout the entire South Atlantic 

and not just for certain areas within the 

South Atlantic. 

The Council has discussed dividing 

the South Atlantic EEZ into 

management areas, such as by state or 

region, several times in reference to 

various fish species. The Council may 

revisit these issues and explore such 

options in the future. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS has 

determined that this final rule is 

necessary for the conservation and 

management of South Atlantic snappergrouper and is consistent with 

Amendment 32, the FMP, the 

Magnuson-Stevens Act, and other 

applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Magnuson-Stevens Act provides 

the statutory basis for this rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting, recordkeeping, or other compliance 

requirements are introduced by this 

final rule. 

In compliance with section 604 of the 

RFA, NMFS prepared a Final Regulatory 

Flexibility Analysis (FRFA) for this final 

rule. The FRFA uses updated 

information, when available, and 

analyzes the anticipated economic 

impacts of the final actions and any 

significant economic impacts on small 

entities. The FRFA follows. 

The description of the action, why it 

is being considered and the legal basis 

for the rule are contained in the 

preamble of the proposed rule and in 

the preamble of this final rule. Section 

604(a)(2) of the Regulatory Flexibility 

Act requires NMFS to summarize 

significant issues raised by the public in 

response to the IRFA, a summary of the 

assessment of such issues, and a 

statement of any changes made as a 

result of the comments. None of the 

public comments received specifically 

concerned the IRFA; however, NMFS 

received several comments regarding 

regional differences in recreational forhire (charter vessel or headboat) fishing 

businesses indirectly affected by the 

proposed vessel recreational bag limit 

and economic impacts of that limit on 

those businesses. 

Several comments did not support the 

change of the recreational bag limit for 

blueline tilefish. Presently, an angler 

can land and possess up to three 

blueline tilefish per day, and any limit 

to the number of blueline tilefish landed 

by a for-hire fishing vessel is only 

limited by the number of persons on 

board. This final rule establishes a 

recreational vessel limit of one blueline 

tilefish per day from May through 

August, regardless of how many persons 

are onboard the vessel, and zero for all 

other months. Most recreational 

landings of blueline tilefish have 

occurred in North Carolina, which 

indicates for-hire fishing businesses in 

North Carolina will experience the 

largest adverse indirect economic 

impact among the affected for-hire 

fishing businesses if the recreational bag 

limit causes demand for for-hire fishing 

trips to decline. 

Up to 681 commercial fishing vessels 

operate in the snapper-grouper fishery 

of the South Atlantic and up to 282 of 

those vessels will be directly affected by 

this final rule. It is estimated that up to 

282 businesses will be directly affected; 

however, the number of businesses is 

likely closer to 126, because 126 is the 

average number of vessels with blueline 

tilefish landings annually from 2009 

through 2013. According to the Small 

Business Administration (SBA) size 

standards, a business in the finfish 

fishing industry (NAICS 114111) is 

considered a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including affiliates), and has combined 

annual receipts not in excess of $20.5 

million. It is estimated that all of the 

directly affected businesses have annual 

revenues less than the size standard. 

Consequently, up to 282, but more 

likely closer to 126, small commercial 

fishing businesses own and operate the 

directly affected vessels. 

Anglers who catch deep-water 

complex species and blueline tilefish in 

the EEZ will be directly affected; 

however, anglers are not considered 

small entities as that term is defined in 

5 U.S.C. 601(6), whether fishing from 

for-hire fishing, private or leased 

vessels. For-hire fishing vessels will be 

indirectly affected, and as of February 

20, 2015, there are up to 1,390 for-hire 

fishing vessels with a Federal charter 

vessel/headboat permit for South 

Atlantic snapper-grouper that will be 

indirectly affected. The SBA annual 

receipts threshold for a for-hire fishing 

business is $7 million (NAICS 487210). 

It is unknown how many small 

businesses own and operate the above 

1,390 for-hire fishing vessels. 

The revised commercial ACL for 

deep-water complex species is 

estimated to benefit up to 156, but more 

likely closer to 126, vessels annually by 

increasing average annual dockside 

revenue of each vessel by $1,565, but 

more likely closer to $1,937 (2012 

dollars). If those vessels represent from 

126 to 156 small businesses, the average 

annual benefit would be from $1,937 to 

$1,565 (2012 dollars), respectively. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16587 

The combination of the commercial 

ACL and in-season AM for blueline 

tilefish is expected to directly affect 126 

vessels and will reduce average annual 

dockside revenue. The decrease will 

range from $4,574 to $5,390 (2012 

dollars) per vessel. The commercial trip 

limit for blueline tilefish will reduce the 

average annual dockside revenue of 21 

vessels with a 225-lb (102.1-kg) trip 

limit snapper-grouper permit by $1,777 

each and 105 vessels with an unlimited 

permit by $5,990 each (2012 dollars). 

The decrease in average annual 

dockside revenue caused by the 

combination of the commercial ACL, 

AM, and trip limit for blueline tilefish 

will range from $5,751 to $11,380 (2012 

dollars) per vessel and small business. 

It is unknown how many of the 126 

small businesses referenced above land 

both deep-water complex species and 

blueline tilefish. However, if all of the 

126 small businesses that land blueline 

tilefish also account for all of the 

landings of the deep-water complex 

species, the annual benefit from 

increased landings of deep-water 

complex species and annual cost from 

decreased landings of blueline tilefish 

would produce a combined net loss of 

annual dockside revenue that ranges 

from $3,814 to $9,443 (2012 dollars) per 

small business. 

No changes were made after 

publication of the proposed rule to 

reduce the adverse economic impacts of 

the rule. However, considered, but not 

adopted, alternatives included a smaller 

commercial ACL for the deep-water 

complex that would have increased the 

adverse economic impact and a larger 

commercial ACL and trip limit for 

blueline tilefish that would have 

reduced the direct adverse economic 

impacts of finfish fishing businesses. A 

larger trip limit, however, would 

decrease the likelihood that all of the 

estimated 126 vessels and small 

businesses, especially the smallest of 

the small, have blueline tilefish 

landings during the year. Considered, 

but not adopted, alternatives would 

have either increased or decreased the 

indirect adverse economic impact on 

for-hire fishing businesses. 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as small entity compliance 

guides. As part of the rulemaking 

process, NMFS prepared a fishery 

bulletin, which also serves as a small 

entity compliance guide. The fishery 

bulletin will be sent to all interested 

parties. 

The AA finds good cause to waive the 

30-day delay in effectiveness of the 

actions in this final rule under 5 U.S.C. 

553(d)(3) because it would be contrary 

to the public interest. Delaying the 

effectiveness of this rule would be 

contrary to the public interest because 

delaying the implementation of the 

measures contained within this rule is 

likely to allow the emergency measures 

to lapse and overfishing of blueline 

tilefish to continue. The time needed for 

the Council to develop, approve, and 

submit Amendment 32 on November 13, 

2014, and the required schedules of the 

Federal rulemaking process did not 

allow for additional time to be available 

with respect to this rule’s effectiveness 

and the ending of the emergency 

measures. Blueline tilefish are currently 

undergoing overfishing so any delay 

would undermine the purpose of this 

rule. If the rule is not implemented 

immediately, NMFS will likely be 

required to implement more severe 

harvest reductions and/or implement 

AMs that could have greater socioeconomic impacts on South Atlantic 

blueline tilefish fishers. Any delay in 

the implementation of this final rule 

would allow the emergency measures to 

lapse and would allow harvest to 

continue at a level that is not consistent 

with National Standard 1 of the 

Magnuson-Stevens Act. Additionally, 

delaying the implementation of the 

measures within this rule for the deepwater complex would be contrary to the 

public interest as the ACLs for the 

species within the complex are 

increasing and thereby this rule 

increases the potential benefit to fishers 

with respect to the revised complex 

ACL. 

List of Subjects in 50 CFR Part 622 

Blueline tilefish, deep-water complex, 

Fisheries, Fishing, South Atlantic, 

Snapper-Grouper. 

Dated: March 23, 2015. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 622.183, paragraph (b)(7) is 

added to read as follows: 

§ 622.183 Area and seasonal closures. 

* * * * * 

(b) * * * 

(7) Blueline tilefish recreational sector 

closure. The recreational sector for 

blueline tilefish in or from the South 

Atlantic EEZ is closed from January 1 

through April 30, and September 1 

through December 31, each year. During 

a closure, the bag and possession limit 

for blueline tilefish in or from the South 

Atlantic EEZ is zero. 

■ 3. In § 622.187, paragraphs (b)(2)(iii) 

and (iv) are revised and paragraph 

(b)(2)(v) is added to read as follows: 

§ 622.187 Bag and possession limits. 

* * * * * 

(b) * * * 

(2) * * * 

(iii) No more than one fish may be a 

golden tilefish; 

(iv) No more than one fish per vessel 

may be a blueline tilefish; and 

(v) No goliath grouper or Nassau 

grouper may be retained. 

* * * * * 

■ 4. In § 622.191, paragraph (a)(10) is 

added to read as follows: 

§ 622.191 Commercial trip limits. 

* * * * * 

(a) * * * 

(10) Blueline tilefish. Until the 

applicable ACL specified in 

§ 622.193(z)(1)(iii) is reached or 

projected to be reached, 100 lb (45 kg), 

gutted weight; 112 lb (51 kg), round 

weight. See § 622.193(z)(1)(i) for the 

limitations regarding blueline tilefish 

after the commercial ACL is reached. 

* * * * * 

■ 5. In § 622.193: 

■ a. The suspension on paragraph (h) is 

lifted; 

■ b. Paragraph (h) is revised; 

■ c. Paragraph (z) is revised; and 

■ d. Paragraph (aa) is removed. 

The revisions read as follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES
16588 Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 

§ 622.193 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(h) Deep-water complex (including 

yellowedge grouper, silk snapper, misty 

grouper, queen snapper, sand tilefish, 

black snapper, and blackfin snapper)— 

(1) Commercial sector. (i) If commercial 

landings for the deep-water complex, as 

estimated by the SRD, reach or are 

projected to reach the commercial ACL 

of 131,634 lb (59,708 kg), round weight, 

the AA will file a notification with the 

Office of the Federal Register to close 

the commercial sector for the remainder 

of the fishing year. On and after the 

effective date of such a notification, all 

sale or purchase of deep-water complex 

species is prohibited and harvest or 

possession of these species in or from 

the South Atlantic EEZ is limited to the 

bag and possession limits. 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. 

(ii) If commercial landings exceed the 

ACL, and the combined commercial and 

recreational ACL (total ACL) specified 

in paragraph (h)(3) of this section, is 

exceeded, and at least one of the species 

in the deep-water complex is 

overfished, based on the most recent 

Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year to reduce the commercial 

ACL for that following year by the 

amount of the commercial ACL overage 

in the prior fishing year. 

(2) Recreational sector. (i) If 

recreational landings for the deep-water 

complex, as estimated by the SRD, are 

projected to reach the recreational ACL 

of 38,644 lb (17,529 kg), round weight, 

the AA will file a notification with the 

Office of the Federal Register to close 

the recreational sector for the remainder 

of the fishing year, unless the RA 

determines that no closure is necessary 

based on the best scientific information 

available. On and after the effective date 

of such a notification, the bag and 

possession limits are zero. 

(ii) If recreational landings for the 

deep-water complex, exceed the 

applicable recreational ACL, and the 

combined commercial and recreational 

ACL (total ACL) specified in paragraph 

(h)(3) of this section is exceeded, and at 

least one of the species in the deepwater complex is overfished, based on 

the most recent Status of U.S. Fisheries 

Report to Congress, the AA will file a 

notification with the Office of the 

Federal Register, to reduce the length of 

the recreational fishing season in the 

following fishing year to ensure 

recreational landings do not exceed the 

recreational ACL the following fishing 

year. When NMFS reduces the length of 

the following recreational fishing season 

and closes the recreational sector, the 

following closure provisions apply: The 

bag and possession limits for the deepwater complex in or from the South 

Atlantic EEZ are zero. Additionally, the 

recreational ACL will be reduced by the 

amount of the recreational ACL overage 

in the prior fishing year. The fishing 

season and recreational ACL will not be 

reduced if the RA determines, using the 

best scientific information available that 

no reduction is necessary. 

(3) The combined commercial and 

recreational sector ACL (total ACL) is 

170,278 lb (77,237 kg), round weight. 

* * * * * 

(z) Blueline tilefish—(1) Commercial 

sector. (i) If commercial landings for 

blueline tilefish, as estimated by the 

SRD, reach or are projected to reach the 

applicable ACL in paragraph (z)(1)(iii) 

of this section, the AA will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector 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 this species in 

or from the South Atlantic EEZ is 

limited to the bag and possession limits. 

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. 

(ii) If commercial landings exceed the 

ACL, and the combined commercial and 

recreational ACL (total ACL) specified 

in paragraph (z)(3) of this section is 

exceeded, and blueline tilefish are 

overfished, based on the most recent 

Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register, 

at or near the beginning of the following 

fishing year to reduce the commercial 

ACL for that following year by the 

amount of the commercial ACL overage 

in the prior fishing year. 

(iii) The applicable commercial ACLs, 

in round weight, are 17,841 lb (8,093 kg) 

for 2015, 26,766 lb (12,141 kg) for 2016, 

35,785 lb (16,232 kg) for 2017, and 

44,048 lb (19,980 kg) for 2018 and 

subsequent fishing years. The 

commercial ACL will not increase 

automatically in a subsequent fishing 

year if landings exceed or are projected 

to exceed the total ACL in the prior 

fishing year, as specified in paragraph 

(z)(3) of this section. 

(2) Recreational sector. (i) If 

recreational landings for blueline 

tilefish, as estimated by the SRD, are 

projected to reach the applicable ACL in 

paragraph (z)(2)(iii) of this section, the 

AA will file a notification with the 

Office of the Federal Register to close 

the recreational sector for the remainder 

of the fishing year, unless the RA 

determines that no closure is necessary 

based on the best scientific information 

available. On and after the effective date 

of such a notification, the bag and 

possession limits are zero. 

(ii) If recreational landings for 

blueline tilefish, exceed the applicable 

recreational ACL, and the combined 

commercial and recreational ACL (total 

ACL) specified in paragraph (z)(3) of 

this section, is exceeded, and blueline 

tilefish is overfished, based on the most 

recent Status of U.S. Fisheries Report to 

Congress, the AA will file a notification 

with the Office of the Federal Register, 

to reduce the length of the recreational 

fishing season in the following fishing 

year to ensure recreational landings do 

not exceed the recreational ACL the 

following fishing year. When NMFS 

reduces the length of the following 

recreational fishing season and closes 

the recreational sector, the following 

closure provisions apply: The bag and 

possession limits for blueline tilefish in 

or from the South Atlantic EEZ are zero. 

Additionally, the recreational ACL will 

be reduced by the amount of the 

recreational ACL overage in the prior 

fishing year. The fishing season and 

recreational ACL will not be reduced if 

the RA determines, using the best 

scientific information available that no 

reduction is necessary. 

(iii) The applicable recreational ACLs, 

in round weight, are 17,791 lb (8,070 kg) 

for 2015, 26,691 lb (12,107 kg) for 2016, 

35,685 lb (16,186 kg) for 2017, and 

43,925 lb (19,924 kg) for 2018 and 

subsequent fishing years. The 

recreational ACL will not increase 

automatically in a subsequent fishing 

year if landings exceed or are projected 

to exceed the total ACL in the prior 

fishing year, as specified in paragraph 

(z)(3) of this section. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Rules and Regulations 16589 

(3) Without regard to overfished 

status, if the combined commercial and 

recreational ACL (total ACL), as 

estimated by the SRD, is exceeded in a 

fishing year, then during the following 

fishing year, an automatic increase will 

not be applied to the commercial and 

recreational ACLs. The RA will evaluate 

the landings data, using the best 

scientific information available, to 

determine whether or not an increase in 

the commercial and recreational ACLs 

will be applied. The applicable 

combined commercial and recreational 

sector ACLs (total ACLs), in round 

weight are 35,632 lb (16,162 kg) for 

2015, 53,457 lb (24,248 kg) for 2016, 

71,469 lb (32,418 kg) for 2017, and 

87,974 lb (39,904 kg) for 2018 and 

subsequent fishing years. 

* * * * * 

[FR Doc. 2015–06988 Filed 3–27–15; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSK5VPTVN1PROD with RULES