Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Rules and Regulations 68373 

Species 1

Citation(s) for listing 

determination(s) Critical habitat ESA rules 

Common name Scientific name Description of listed 

entity 

Marine Mammals 

*******

Seal, Hawaiian monk Neomonachus schauinslandi 

(= Monachus schauinslandi.) 

Entire Species ........ 41 FR 51611, Nov 

23, 1976.

226.201 NA 

* * * * * * * 

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 

1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

PART 226—DESIGNATED CRITICAL 

HABITAT 

■ 3. The authority citation for part 226 

continues to read as follows: 

Authority: 16 U.S.C. 1533. 

■ 4. Revise the heading of the Hawaiian 

monk seal entry under § 226.201 to read 

as follows: 

§ 226.201 Critical habitat for Hawaiian 

monk seals. 

HAWAIIAN MONK SEAL 

(Neomonachus schauinslandi 

(=Monachus schauinslandi)) 

* * * * * 

[FR Doc. 2014–27181 Filed 11–14–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120924488–3671–02] 

RIN 0648–XD599 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; 

2014 Commercial Accountability 

Measure and Closure for South 

Atlantic Gag 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector for gag in the 

exclusive economic zone (EEZ) of the 

South Atlantic. Commercial landings for 

gag, as estimated by the Science 

Research Director, are projected to reach 

the commercial annual catch limit 

(ACL). Therefore, NMFS closes the 

commercial sector for gag in the South 

Atlantic EEZ on November 21, 2014, for 

the remainder of the 2014 fishing year, 

through December 31, 2014. This action 

is necessary to protect the South 

Atlantic gag resource. 

DATES: This rule is effective 12:01 a.m., 

local time, November 21, 2014, until 

12:01 a.m., local time, January 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Hayslip, telephone: 727–824– 

5305, email: catherine.hayslip@

noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic, which includes gag, is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The commercial ACL or commercial 

quota (quota) for gag in the South 

Atlantic is 326,722 lb (148,199 kg), 

gutted weight, for the current fishing 

year, as specified in 50 CFR 

622.190(a)(7). 

In accordance with regulations at 50 

CFR 622.193(c)(1), NMFS is required to 

close the commercial sector for gag 

when the quota has been reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

projected that the quota for South 

Atlantic gag will be reached on 

November 21, 2014. Accordingly, the 

commercial sector for South Atlantic 

gag is closed effective 12:01 a.m., local 

time, November 21, 2014, until 12:01 

a.m., local time, January 1, 2015. The 

recreational sector will continue to 

remain open through December 31, 

2014. 

Additionally, a seasonal closure is in 

place for the recreational and 

commercial sectors for gag from January 

through April each year as specified in 

50 CFR 622.183(b)(1). During the 

seasonal closure, no person may fish for, 

harvest, or possess any gag in or from 

the South Atlantic EEZ. Therefore, the 

2015 commercial gag season will not 

start until May 1, 2015. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having gag 

onboard must have landed and bartered, 

traded, or sold such gag prior to 12:01 

a.m., local time, November 21, 2014. 

During this commercial closure, the bag 

limit and possession limits specified in 

50 CFR 622.187(b)(2)(i) and (c)(1), 

respectively, apply to all harvest or 

possession of gag in or from the South 

Atlantic EEZ, and the sale or purchase 

of gag taken from the EEZ is prohibited. 

The prohibition on sale or purchase 

does not apply to the sale or purchase 

of gag that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, November 21, 2014, and 

were held in cold storage by a dealer or 

processor. For a person on board a 

vessel for which NMFS has issued a 

valid Federal commercial or charter 

vessel/headboat permit for South 

Atlantic snapper-grouper species, the 

sale and purchase provisions of the 

commercial closure and the bag and 

possession limits apply regardless of 

whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.190(c)(1). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of South Atlantic gag and 

is consistent with the MagnusonStevens Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(c)(1) 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 


rmajette on DSK2TPTVN1PROD with RULES
68374 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Rules and Regulations 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available recently 

obtained from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds that the need to immediately 

implement this action to close the 

commercial sector for gag 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 procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule itself has been subject to notice and 

comment, and all that remains is to 

notify the public of the closure. 

Additionally, allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to immediately implement 

this action to protect gag since the 

capacity of the fishing fleet allows for 

rapid harvest of the quota. Prior notice 

and opportunity for public comment 

would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

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. 

Dated: November 10, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–27051 Filed 11–12–14; 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–XD623 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea 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 directed 

fishing for Pacific ocean perch in the 

Bering Sea subarea of the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary to 

prevent exceeding the 2014 Pacific 

ocean perch total allowable catch (TAC) 

in the Bering Sea subarea of the BSAI. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 12, 2014, 

through 2400 hrs, 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 Pacific ocean perch TAC in 

the Bering Sea subarea of the BSAI is 

7,684 metric tons (mt) as established by 

the final 2014 and 2015 harvest 

specifications for groundfish in the 

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

accordance with § 679.20(d)(1)(i) and 

(ii)(B), the Administrator, Alaska 

Region, NMFS, has determined that the 

2014 Pacific ocean perch TAC in the 

Bering Sea subarea of the BSAI will be 

needed as incidental catch to support 

other groundfish fisheries. Therefore, 

the Regional Administrator is 

establishing a directed fishing 

allowance of 7,184 mt, and is setting 

aside the remaining 500 mt as incidental 

catch. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific ocean perch 

in the Bering Sea subarea of the BSAI. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

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 the directed fishing closure of 

Pacific ocean perch in the Bering Sea 

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 November 10, 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 is exempt from review under 

Executive Order 12866. 

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

Dated: November 12, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–27162 Filed 11–12–14; 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–XD624 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Several Groundfish 

Species 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; apportionment 

of reserves; request for comments. 

SUMMARY: NMFS apportions amounts of 

the non-specified reserve to the initial 

total allowable catch (ITAC) of Bering 

Sea and Aleutian Islands (BSAI) 

northern rockfish and BSAI skates, and 

the total allowable catch (TAC) of 

Bering Sea (BS) ‘‘other rockfish’’ and 

BSAI octopuses in the BSAI 

management area. This action is 

necessary to allow the fisheries to 

continue operating. It is intended to 

promote the goals and objectives of the 

fishery management plan for the BSAI 

management area. 

DATES: Effective November 12, 2014, 

through 2400 hrs, Alaska local time, 

December 31, 2014. Comments must be 

received at the following address no 

later than 4:30 p.m., Alaska local time, 

November 28, 2014. 


rmajette on DSK2TPTVN1PROD with RULES