Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations 18551 

SOUTH CAROLINA—2012 ANNUAL PM 2.5 NAAQS—Continued 

[Primary] 

Designated area 1

Designation Classification 

Date 2 Type Date 2 Type 

Newberry County ............................................................. .................... Unclassifiable/Attainment ....................

Oconee County ................................................................ .................... Unclassifiable/Attainment ....................

Orangeburg County ......................................................... .................... Unclassifiable/Attainment ....................

Pickens County ................................................................ .................... Unclassifiable/Attainment ....................

Richland County .............................................................. .................... Unclassifiable/Attainment ....................

Saluda County ................................................................. .................... Unclassifiable/Attainment ....................

Spartanburg County ......................................................... .................... Unclassifiable/Attainment ....................

Sumter County ................................................................. .................... Unclassifiable/Attainment ....................

Union County ................................................................... .................... Unclassifiable/Attainment ....................

Williamsburg County ........................................................ .................... Unclassifiable/Attainment ....................

York County ..................................................................... .................... Unclassifiable/Attainment ....................

1 Includes areas of Indian country located in each county or area, except as otherwise specified. 

2This date is April 15, 2015, unless otherwise noted. 

* * * * * 

[FR Doc. 2015–07948 Filed 4–6–15; 8:45 am] 

BILLING CODE CODE 6560–50–P 

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. 

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: 

britni.lavine@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes blueline tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper 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 snappergrouper 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 MagnusonStevens 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 


rljohnson on DSK3VPTVN1PROD with RULES
18552 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 150105013–5291–02] 

RIN 0648–BE62 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Red 

Grouper Recreational Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement management measures 

described in a framework action to the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP), as prepared by the Gulf of 

Mexico Fishery Management Council 

(Council). This final rule revises the 

daily bag limit for red grouper in the 

Gulf of Mexico (Gulf) and removes the 

recreational post-season bag limit 

reduction accountability measure (AM) 

for Gulf red grouper. Additionally, this 

rule corrects an error in the Gulf 

individual fishing quota (IFQ) multi-use 

provisions for the Grouper/Tilefish IFQ 

program. The purpose of this final rule 

is to modify the Gulf red grouper 

recreational management measures to 

improve recreational fishing 

opportunities by achieving optimal 

yield for the red grouper resource. 

DATES: This rule is effective May 7, 

2015. 

ADDRESSES: Electronic copies of the 

framework action, which includes an 

environmental assessment, a regulatory 

impact review, and a Regulatory 

Flexibility Act analysis may be obtained 

from the Southeast Regional Office Web 

site at http://sero.nmfs.noaa.gov/

sustainable_fisheries/gulf_fisheries/

reef_fish/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Richard Malinowski, telephone: 727– 

824–5305, email: rich.malinowski@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish 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 Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

On January 27, 2015, NMFS 

published a proposed rule for the 

framework action and requested public 

comment (80 FR 4240). The proposed 

rule and framework action outline the 

rationale for the actions contained in 

this final rule. A summary of the actions 

implemented by this final rule is 

provided below. 

Management Measures Contained in 

This Final Rule 

This final rule reduces the Gulf red 

grouper recreational bag limit from four 

fish to two fish within the four-fish 

aggregate grouper bag limit, and 

removes the post-season AM that 

reduces the daily bag limit the next 

fishing season when the previous 

fishing year’s annual catch limit (ACL) 

is exceeded. The other post-season AMs 

currently codified in the regulations 

remain in effect without change. 

Additional Change to Codified Text 

In addition, this final rule corrects a 

mistake in the regulations that was 

implemented in the final rule for 

Amendment 32 to the FMP. NMFS 

changes ‘‘red grouper multi-use 

allocation’’ to ‘‘gag multi-use allocation’’ 

in § 622.22(a)(5)(ii)(B), where it 

erroneously stated that if red grouper is 

under a rebuilding plan, then ‘‘red 

grouper multi-use allocation’’ should be 

set to zero. This change is not related to 

the framework action. 

Comments and Responses 

NMFS received 28 comment 

submissions on the framework action 

and the proposed rule; 1 from a sport 

fishing club, 1 from a state agency, and 

26 from individuals. All comments 

received were in regard to the bag limit 

reduction; no comments were received 

directly addressing the removal of the 

accountability measure. Fourteen 

submissions supported the bag limit 

reduction, which is expected to alleviate 

the need for in-season closures. Eight 

individuals specifically opposed the bag 

limit reduction. Other submissions were 

outside the scope of the rule, offering 

suggestions for alternative management 

options, such as different size and bag 

limits, regionalized regulations, or a tag 

system. These are options the Council 

has considered in the past, and could 

consider again. A summary of the 

comments addressing the actions being 

implemented by this rulemaking and 

NMFS’ responses to those comments 

appears below. 

Comment 1: The new regulation could 

lead to overfishing of the Gulf red 

grouper resource. 

Response: NMFS disagrees that either 

the bag limit reduction or the removal 

of the post-season AM could lead to 

overfishing of Gulf red grouper. The 

two-fish bag limit, although primarily 

intended to extend the length of the 

open season, should reduce the 

probability of exceeding the ACL by the 

recreational sector. The AM that 

reduced the bag limit by one fish if the 

ACL was exceeded in the previous year 

was also intended to extend the length 

of the open season and to avoid inseason closures. However, it is difficult 

to implement this in-season bag limit 

reduction in a timely manner and the 

bag limit change in the middle of the 

season created confusion. The Council 

determined, and NMFS agrees, that 

removing this AM would increase the 

efficiency of operating in this 

recreational sector and reduce public 

confusion without increasing the risk of 

exceeding the ACL because there are 

other AMs that will remain in place. 

Comment 2: The two-fish bag limit is 

unnecessary and unreasonable because 

the Gulf red grouper stock is healthy 

and abundant; there is no shortage of 

red grouper. 

Response: NMFS agrees the stock is 

healthy. The latest stock assessment 

indicates the stock is not overfished or 


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