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 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations 18553 

undergoing overfishing. However, the 

Council’s decision to reduce the bag 

limit was not based on a need to limit 

the harvest of red grouper. This action 

is intended to extend the length of the 

open season and avoid in-season 

recreational closures. 

Comment 3: A longer recreational 

closed season is preferred rather than a 

reduction in the bag limit. Reducing the 

red grouper bag limit to two fish would 

reduce the incentive to fish so that, even 

with a longer open season, the net 

economic effects of the action would be 

negative. Fishermen usually harvest two 

or three red grouper per angler, but 

having the opportunity to harvest four 

fish is an incentive for the trip. Offshore 

harvest levels should be at least three 

fish per angler. 

Response: NMFS disagrees that it is 

preferable to have a longer closed 

season rather than a lower bag limit. 

Although it is not possible to reliably 

forecast changes in fishing effort or the 

associated economic impacts of the 

reduction in the red grouper bag limit 

with available data, public comments on 

this and similar rules indicate the 

majority of anglers prefer a longer open 

season. Longer open seasons provide 

greater flexibility to schedule trips and 

although some fishermen may harvest 

more than two fish per trip, and 

therefore choose to not fish under the 

lower limit, most anglers do not. The 

economic analysis in the framework 

document explains that in 2011–2012, 

when the red grouper bag limit was 4 

fish, more than 90 percent of trips taken 

by anglers fishing from private vessels 

or charter vessels, and more than 98 

percent of headboat trips, harvested 1 or 

2 red grouper per trip. As a result, 

lowering the limit to two fish is not 

expected to adversely affect the harvest 

of most anglers, or their decision to fish. 

A longer open season with a reduced 

bag limit is expected to create more trips 

and result in greater economic benefits 

than a shorter season with a higher bag 

limit, which reduces the overall number 

of trips. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined that this final rule is 

necessary for the conservation and 

management of Gulf red grouper and is 

consistent with the framework action, 

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 Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this rule 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

determination was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

the certification to the Small Business 

Administration. Comments regarding 

the general net economic effects of the 

action are addressed in the comments 

and responses section of this final rule. 

No changes to the final rule were made 

in response to these comments. As a 

result, a final regulatory flexibility 

analysis was not required and none was 

prepared. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Gulf, Recreational, 

Red grouper. 

Dated: April 1, 2015. 

Eileen Sobeck, 

Assistant Administrator for Fisheries, 

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 § 622.22, the last sentence in 

paragraph (a)(5)(ii)(B) is revised to read 

as follows: 

§ 622.22 Individual fishing quota (IFQ) 

program for Gulf groupers and tilefishes. 

(a) * * * 

(5) * * * 

(ii) * * * 

(B) * * * However, if red grouper is 

under a rebuilding plan, the percentage 

of gag multi-use allocation is equal to 

zero. 

* * * * * 

■ 3. In § 622.38, the first sentence in 

paragraph (b)(2) is revised to read as 

follows: 

§ 622.38 Bag and possession limits. 

* * * * * 

(b) * * * 

(2) Groupers, combined, excluding 

goliath grouper—4 per person per day, 

but not to exceed 1 speckled hind or 1 

warsaw grouper per vessel per day, or 

2 gag or 2 red grouper per person per 

day. * * * 

* * * * * 

■ 4. In § 622.41, the second sentence in 

paragraph (e)(2)(ii) is revised and the 

third sentence in the same paragraph is 

removed to read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(e) * * * 

(2) * * * 

(ii) * * * In addition, the notification 

will reduce the length of the 

recreational red grouper fishing season 

the following fishing year by the amount 

necessary to ensure red grouper 

recreational landings do not exceed the 

recreational ACT in the following 

fishing year. 

* * * * * 

[FR Doc. 2015–08001 Filed 4–6–15; 8:45 am] 

BILLING CODE CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 141021887–5172–02] 

RIN 0648–XD844 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

closure. 

SUMMARY: NMFS is opening directed 

fishing for northern rockfish in the 

Bering Sea and Aleutian Islands 

Management Area (BSAI). This action is 

necessary to fully use the 2015 total 

allowable catch (TAC) of northern 

rockfish in the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), April 2, 2015, through 2400 

hrs, A.l.t., December 31, 2015. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., April 17, 2015. 

ADDRESSES: You may submit comments 

on this document, identified by 

‘‘NOAA–NMFS–2014–0134’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

http://www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0134, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 


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