Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 61263 

commercial ACL is 60,371 lb (27,384 

kg), round weight, and the recreational 

ACL is 19,313 lb (8,760 kg), round 

weight. 

The temporary rule and this extension 

also establish in-season AMs for 

blueline tilefish to prevent these catch 

limits from being exceeded. If 

commercial landings for blueline 

tilefish reach or are projected to reach 

the commercial ACL, NMFS will file a 

notification with the Office of the 

Federal Register to close the commercial 

sector for blueline tilefish 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 blueline tilefish 

in or from the South Atlantic EEZ is 

limited to the bag and possession limit. 

This bag and possession limit applies 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. During the 2014 

commercial fishing season, through 

AMs implemented in the emergency 

rule, NMFS closed the commercial 

sector for blueline tilefish on June 23, 

2014, when NMFS determined the 

commercial ACL for blueline tilefish 

was projected to be met (79 FR 35292, 

June 20, 2014). The commercial sector 

will reopen on January 1, 2015. 

If recreational landings for blueline 

tilefish reach or are projected to reach 

the recreational ACL, NMFS will file a 

notification with the Office of the 

Federal Register to close the recreational 

sector for blueline tilefish for the 

remainder of the fishing year. On and 

after the effective date of such 

notification, the bag and possession 

limit of blueline tilefish in or from the 

South Atlantic EEZ would be zero. This 

bag and possession limit would also 

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. 

The Council requested an extension of 

the temporary rule at its September 

2014 meeting, and via an October 2, 

2014, letter to NMFS, to ensure that 

management measures remain in effect 

for blueline tilefish to reduce 

overfishing while more permanent 

measures are developed through 

Amendment 32 to the FMP. Section 

305(c)(3)(B) of the Magnuson-Stevens 

Act allows for emergency regulations to 

be extended for one additional period of 

186 days provided that the public has 

had an opportunity to comment on the 

emergency measures and the Council is 

actively preparing a plan amendment to 

address the overfishing on a permanent 

basis. If approved, Amendment 32 is 

scheduled to be implemented early in 

the 2015 fishing year. 

Comments and Responses 

Section 305(c)(3)(B) of the MagnusonStevens Act requires that the public has 

an opportunity to comment on 

emergency measures after the regulation 

is published and the Council is actively 

preparing a plan amendment to address 

overfishing on a permanent basis. NMFS 

solicited public comments in the April 

17, 2014, temporary rule but received no 

comments on the temporary rule or the 

emergency measures. 

Classification 

This action is issued pursuant to 

section 305(c) of the Magnuson-Stevens 

Act, 16 U.S.C. 1855(c). The Assistant 

Administrator for Fisheries, NOAA 

(AA), has determined that the 

emergency measures this temporary rule 

extends are based upon the best 

scientific information available, are 

necessary for the conservation and 

management of the blueline tilefish 

component of the snapper-grouper 

fishery and are consistent with the 

Magnuson-Stevens Act and other 

applicable laws. The Council is 

developing Amendment 32 to establish 

long-term measures to end overfishing 

of South Atlantic blueline tilefish. 

Amendment 32, if approved, is not 

expected to become effective until the 

2015 fishing year. 

This temporary rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

Because prior notice and opportunity 

for public comment are not required for 

this rule by 5 U.S.C. 553 or any other 

law, the analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq. are inapplicable. Accordingly, no 

Regulatory Flexibility Analysis is 

required and none has been prepared. 

The AA finds 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). Providing prior notice 

and opportunity for public comment on 

this action would be contrary to the 

public interest. This rule would 

continue emergency measures 

implemented by the April 17, 2014, 

temporary rule, for not more than an 

additional 186 days beyond the current 

expiration date of October 14, 2014. The 

conditions prompting the initial 

temporary rule still remain, and more 

permanent measures to be completed 

through Amendment 32 have not yet 

been approved or implemented. Failure 

to extend these temporary measures, 

would result in additional overfishing of 

the South Atlantic blueline tilefish 

stock, which is contrary to the public 

interest and in violation of National 

Standard 1 of the Magnuson-Stevens 

Act. 

For the reasons listed above, the AA 

also finds good cause to waive the 30- 

day delay in effectiveness of the action 

under 5 U.S.C. 553(d)(3). 

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

Dated: October 6, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2014–24220 Filed 10–9–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD537 

Fisheries of the Exclusive Economic 

Zone Off Alaska; ‘‘Other Rockfish’’ in 

the Aleutian Island Subarea of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of ‘‘other rockfish’’ in the Aleutian 

Islands subarea of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary because 

the 2014 total allowable catch (TAC) of 

‘‘other rockfish’’ in the BSAI has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 6, 2014, through 

2400 hrs, A.l.t., December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

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61264 Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / Rules and Regulations 

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. 

The 2014 TAC of ‘‘other rockfish’’ in 

the Aleutian Islands subarea of the BSAI 

is 473 metric tons (mt) as established by 

the final 2014 and 2015 harvest 

specifications for groundfish of the 

BSAI (79 FR 12108, March 4, 2014). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2014 TAC of ‘‘other 

rockfish’’ in the Aleutian Islands 

subarea of the BSAI has been reached. 

Therefore, NMFS is requiring that 

‘‘other rockfish’’ caught in the Aleutian 

Islands subarea of the BSAI be treated 

as prohibited species in accordance 

with § 679.21(b). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The 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) 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 prohibiting the retention of ‘‘other 

rockfish’’ in the Aleutian Islands 

subarea of 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 October 3, 2014. 

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. 

This action is required by § 679.20 

and § 679.21 and is exempt from review 

under Executive Order 12866. 

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

Dated: October 6, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–24159 Filed 10–6–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD542 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of Atka 

Mackerel 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; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of the 2014 

Atka mackerel incidental catch 

allowance (ICA) for the Bering Sea 

subarea and Eastern Aleutian district 

(BS/EAI) to the Amendment 80 

cooperatives in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary to allow 

the 2014 total allowable catch of Atka 

mackerel in the BSAI to be fully 

harvested. 

DATES: Effective October 9, 2014, 

through 2400 hrs, Alaska local time 

(A.l.t.), December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

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. 

The 2014 Atka mackerel ICA for the 

BS/EAI is 1,000 metric tons (mt) and 

2014 Atka mackerel total allowable 

catch allocated to the Amendment 80 

cooperative is 16,419 mt as established 

by the final 2014 and 2015 harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014). 

The Administrator, Alaska Region, 

NMFS, has determined that 750 mt of 

the Atka mackerel ICA for the BS/EAI 

will not be harvested. Therefore, in 

accordance with § 679.91(f), NMFS 

reallocates 750 mt of Atka mackerel 

from the BS/EAI ICA to the Amendment 

80 cooperatives in the BSAI. In 

accordance with § 679.91(f), NMFS will 

reissue cooperative quota permits for 

the reallocated Atka mackerel following 

the procedures set forth in § 679.91(f)(3). 

The harvest specifications for Atka 

mackerel included in the harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014) are 

revised as follows: 250 mt of Atka 

mackerel for the BS/EAI ICA and 17,169 

mt of Atka mackerel for the Amendment 

80 cooperatives in the BS/EAI. Table 4 

is correctly revised and republished in 

its entirety as follows: 

TABLE 4—FINAL 2014 AND 2015 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL

CATCH ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC 

[Amounts are in metric tons] 

Sector 1 Season 234

2014 Allocation by area 2015 Allocation by area 

Eastern Aleutian District/

Bering Sea 

Central 5

Aleutian 

District 

Western 

Aleutian 

District 

Eastern Aleutian District/

Bering Sea 

Central 5

Aleutian 

District 

Western 

Aleutian 

District 

TAC ........................... n/a .................... 21,652 9,670 1,000 21,769 9,722 1,000 

CDQ reserve ............. Total ................. 2,317 1,035 107 2,329 1,040 107 

A ....................... 1,158 517 54 1,165 520 54 

Critical Habitat 5 n/a 52 n/a n/a 52 n/a 

B ....................... 1,158 517 54 1,165 520 54 

Critical Habitat 5 n/a 52 n/a n/a 52 n/a 

ICA ............................ Total ................. 250 75 40 1,000 75 40 

Jig 6 ........................... Total ................. 92 0 0 92 0 0 

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