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. 


rljohnson on DSK3VPTVN1PROD with RULES
18554 Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations 

• Mail: Submit written comments to 

Glenn Merrill, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region NMFS, Attn: 

Ellen Sebastian. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

Pursuant to the final 2015 and 2016 

harvest specifications for groundfish in 

the BSAI (80 FR 11919, March 5, 2015), 

NMFS closed the directed fishery for 

northern rockfish under 

§ 679.20(d)(1)(iii). 

As of April 1, 2015, NMFS has 

determined that approximately 2,300 

metric tons of northern rockfish initial 

TAC remains unharvested in the BSAI. 

Therefore, in accordance with 

§ 679.25(a)(1)(i), (a)(2)(i)(C), and 

(a)(2)(iii)(D), and to fully utilize the 

2015 TAC of northern rockfish in the 

BSAI, NMFS is terminating the previous 

closure and is opening directed fishing 

for northern rockfish in the BSAI. This 

will enhance the socioeconomic wellbeing of harvesters in this area. The 

Administrator, Alaska Region (Regional 

Administrator) considered the following 

factors in reaching this decision: (1) The 

current catch of northern rockfish in the 

BSAI and, (2) the harvest capacity and 

stated intent on future harvesting 

patterns of vessels in participating in 

this fishery. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Acting Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as 

such requirement is impracticable and 

contrary to the public interest. This 

requirement is impracticable and 

contrary to the public interest as it 

would prevent NMFS from responding 

to the most recent fisheries data in a 

timely fashion and would delay the 

opening of northern rockfish in the 

BSAI. NMFS was unable to publish a 

notice providing time for public 

comment because the most recent, 

relevant data only became available as 

of April 1, 2015. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

Without this inseason adjustment, 

NMFS could not allow the fishery for 

northern rockfish in the BSAI to be 

harvested in an expedient manner and 

in accordance with the regulatory 

schedule. Under § 679.25(c)(2), 

interested persons are invited to submit 

written comments on this action to the 

above address until April 17, 2015. 

This action is required by § 679.20 

and § 679.25 and is exempt from review 

under Executive Order 12866. 

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

Dated: April 2, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–07942 Filed 4–2–15; 4:15 pm] 

BILLING CODE CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 140918791–4999–02] 

RIN 0648–XD876 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Cod by 

Catcher/Processors Using Hook-andLine Gear in the Western Regulatory 

Area of the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific cod by catcher/

processors using hook-and-line gear in 

the Western Regulatory Area of the Gulf 

of Alaska (GOA). This action is 

necessary to prevent exceeding the A 

season allowance of the 2015 Pacific 

cod total allowable catch apportioned to 

catcher/processors using hook-and-line 

gear in the Western Regulatory Area of 

the GOA. 

DATES: Effective 1200 hours, Alaska 

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

1200 hours, A.l.t., June 10, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Obren Davis, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

Regulations governing sideboard 

protections for GOA groundfish 

fisheries appear at subpart B of 50 CFR 

part 680. 

The A season allowance of the 2015 

Pacific cod total allowable catch (TAC) 

apportioned to catcher/processors using 

hook-and-line gear in the Western 

Regulatory Area of the GOA is 2,850 

metric tons (mt), as established by the 

final 2015 and 2016 harvest 

specifications for groundfish of the GOA 

(80 FR 10250, February 25, 2015). 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator) has 

determined that the A season allowance 

of the 2015 Pacific cod TAC 


rljohnson on DSK3VPTVN1PROD with RULES