Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 71339 

TABLE 2—AVERAGE EX-VESSEL PRICES PER lb dw FOR EACH SHARK MANAGEMENT GROUP, 2013 *—Continued 

[Year 2013] 

Species Region Price 

Blue shark ................................................................................................. Both ............................................................................. 0.28 

Porbeagle shark ........................................................................................ Both ............................................................................. ** 1.15 

Other Pelagic sharks ................................................................................. Both ............................................................................. 1.69 

Shark Fins ................................................................................................. Gulf of Mexico ............................................................. 11.16 

Atlantic ......................................................................... 3.53 

Both ............................................................................. 6.05 

* The ex-vessel prices are based on 2013 dealer reports through December 31, 2013. 

** Since the porbeagle shark management group was closed for 2013, there was no 2013 price data. Thus, NMFS used price data from 2012. 

All of these changes in gross revenues 

are similar to the changes in gross 

revenues analyzed in the 2006 

Consolidated HMS FMP and its 

amendments. The FRFAs for those 

amendments concluded that the 

economic impacts on these small 

entities, resulting from rules such as this 

one that establish the season openings 

via proposed and final rulemaking, were 

expected to be minimal. The 2006 

Consolidated HMS FMP and its 

amendments, and the EA for the 2011 

shark quota specifications rule, assumed 

NMFS would be preparing annual 

rulemakings and considering the 

previous FRFAs in the economic and 

other analyses at the time of the annual 

rulemakings. 

For this final rule, NMFS reviewed 

the ‘‘Opening Fishing Season’’ criteria at 

§ 635.27(b)(3)(i) through (b)(3)(vii) to 

determine when opening each fishery 

will provide equitable opportunities for 

fishermen while also considering the 

ecological needs of the different species. 

Over- and/or underharvests of 2014 and 

previous fishing season quotas were 

examined for the different species/

complexes to determine the effects of 

the 2015 final quotas on fishermen 

across regional fishing areas. The 

potential season lengths and previous 

catch rates were examined to ensure 

that equitable fishing opportunities 

would be provided to fishermen. Lastly, 

NMFS examined the seasonal variation 

of the different species/complexes and 

the effects on fishing opportunities. In 

addition to these criteria, NMFS also 

considered other relevant factors, such 

as recent landings data and public 

comments, before arriving at the final 

opening dates for the 2015 Atlantic 

shark management groups. For the 2015 

fishing season, NMFS is opening the 

fisheries for Gulf of Mexico blacktip 

shark, Gulf of Mexico aggregated LCS, 

Gulf of Mexico hammerhead shark, nonblacknose shark SCS, blacknose shark, 

sandbar shark, blue shark, porbeagle 

shark, and pelagic shark (other than 

porbeagle or blue sharks) management 

groups on January 1, 2015. The direct 

and indirect economic impacts will be 

neutral on a short- and long-term basis, 

because NMFS did not change the 

opening dates of these fisheries from the 

status quo. 

NMFS is delaying the opening of the 

aggregated LCS and hammerhead shark 

management groups in the Atlantic 

region until July 1, 2014. This delay 

could result in short-term, direct, minor, 

adverse economic impacts, as fishermen 

and dealers in the southern portion of 

the Atlantic region would not be able to 

fish for aggregated LCS and 

hammerhead sharks starting in January, 

but would still be able to fish earlier in 

the 2015 fishing season compared to the 

2010 through 2012 fishing seasons, 

which did not start until July 15. Based 

on public comment, some Atlantic 

fishermen in the southern portion of the 

region preferred a delayed opening for 

the potential to be fishing for aggregated 

LCS and hammerhead sharks from 

October through December. Therefore, 

the delayed opening could have direct, 

minor, beneficial economic impacts for 

fishermen, since there are limited 

opportunities for fishermen to fish for 

non-HMS in the southern portion of the 

Atlantic region later in the year. In the 

northern portion of the Atlantic region, 

a delayed opening for the aggregated 

LCS and hammerhead shark 

management groups would have direct, 

minor, beneficial economic impacts in 

the short-term for fishermen as they 

would have access to the aggregated 

LCS and hammerhead shark quotas in 

2015. Overall, delaying the opening 

until July 1 would cause beneficial 

cumulative economic impacts across the 

region, since it would allow for a more 

equitable distribution of the quotas 

among constituents in this region. In 

addition, delaying the opening until 

July 1 would have minor, beneficial 

ecological impacts in the short term for 

the Atlantic aggregated LCS and 

hammerhead management groups, since 

it is consistent with recommendations 

from the stock assessments. The 

economic impacts would be neutral on 

long-term basis, because this delayed 

opening would be for only the 2015 

fishing season. 

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq. 

Dated: November 19, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs,National Marine 

Fisheries Service. 

[FR Doc. 2014–28136 Filed 12–1–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140117052–4402–02] 

RIN 0648–XD571 

Fisheries of the Northeastern United 

States; Summer Flounder Fishery; 

Commercial Quota Harvested for the 

State of New Jersey 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS announces that the 

2014 summer flounder commercial 

quota allocated to the State of New 

Jersey has been harvested. Vessels 

issued a commercial Federal fisheries 

permit for the summer flounder fishery 

may not land summer flounder in New 

Jersey for the remainder of calendar year 

2014, unless additional quota becomes 

available through a transfer from 

another state. Regulations governing the 

summer flounder fishery require 

publication of this notification to advise 

New Jersey that the quota has been 

harvested, and to advise Federal vessel 

and dealer permit holders that no 

Federal commercial quota is available 

for landing summer flounder in New 

Jersey. 

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71340 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Rules and Regulations 

DATES: Effective 0001 hours, November 

29, 2014, through December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Reid 

Lichwell, (978) 281–9112, or 

Reid.Lichwell@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Regulations governing the summer 

flounder fishery are found at 50 CFR 

part 648. The regulations require annual 

specification of a commercial quota that 

is apportioned on a percentage basis 

among the coastal states from North 

Carolina through Maine. The process to 

set the annual commercial quota and the 

percent allocated to each state is 

described in § 648.102. 

The initial coastwide total 

commercial quota for summer flounder 

for the 2014 fishing year was set at 

10,835,720 lb (4,915,000 kg) (79 FR 

29371, May 22, 2014). The percent 

allocated to vessels landing summer 

flounder in New Jersey is 16.72499 

percent, resulting in a commercial quota 

of 1,812,273 lb (822,033 kg). We 

adjusted the 2014 New Jersey summer 

flounder allocation to 1,765,169 lb 

(800,667 kg) to deduct research setaside, quota overages from 2013, and 

adjustments for quota transfers between 

states. 

The Administrator, Greater Atlantic 

Region, NMFS (Regional Administrator), 

monitors the state commercial landings 

and determines when a state’s 

commercial quota has been harvested. 

NMFS is required to publish 

notification in the Federal Register 

advising and notifying commercial 

vessels and dealer permit holders that, 

effective upon a specific date, the state’s 

commercial quota has been harvested 

and no commercial quota is available for 

landing summer flounder in that state. 

The Regional Administrator has 

determined that the 2014 New Jersey 

commercial summer flounder quota 

would be harvested by November 24, 

2014, based upon dealer reports and 

other available information. 

Section 648.4(b) provides that Federal 

permit holders agree, as a condition of 

the permit, not to land summer flounder 

in any state that the Regional 

Administrator has determined no longer 

has commercial quota available. 

Therefore, effective 0001 hours, 

November 29, 2014, landings of summer 

flounder in New Jersey by vessels 

holding summer flounder commercial 

Federal fisheries permits are prohibited 

for the remainder of the 2014 calendar 

year, unless additional quota becomes 

available through a transfer and is 

announced in the Federal Register. 

Effective 0001 hours, November 29, 

2014, federally permitted dealers are 

also notified that they may not purchase 

summer flounder from federally 

permitted vessels that land in New 

Jersey for the remainder of the calendar 

year, or until additional quota becomes 

available through a transfer from 

another state. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and the opportunity for 

public comment because it would be 

contrary to the public interest. This 

action closes the summer flounder 

fishery for New Jersey until January 1, 

2015, under current regulations. The 

regulations at § 648.103(b) require such 

action to ensure that summer flounder 

vessels do not exceed quotas allocated 

to the states. If implementation of this 

closure was delayed to solicit prior 

public comment, the quota for this 

fishing year would be exceeded, thereby 

undermining the conservation 

objectives of the Summer Flounder 

Fishery Management Plan. The AA 

further finds, pursuant to 5 U.S.C. 

553(d)(3), good cause to waive the 30- 

day delayed effectiveness period for the 

reason stated above. 

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

Dated: November 26, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–28379 Filed 11–26–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 130405338–4987–02] 

RIN 0648–BC84 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery 

Management Plan; Trawl 

Rationalization Program; Chafing Gear 

Modifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This action modifies the 

existing chafing gear regulations for 

midwater trawl gear. This action 

includes regulations that affect all trawl 

sectors (Shorebased Individual Fishing 

Quota Program (IFQ), Mothership 

Cooperative Program (MS), Catcher/

Processor Cooperative Program (C/P), 

and tribal fishery) managed under the 

Pacific Coast Groundfish Fishery 

Management Plan (PCGFMP). Many 

Pacific whiting vessels also fish in the 

Alaska groundfish fisheries. This action 

establishes chafing gear restrictions for 

the Pacific Coast groundfish fishery that 

are more compatible with those for the 

Gulf of Alaska groundfish and Bering 

Sea and Aleutian Islands groundfish 

fisheries. 

DATES: Effective January 1, 2015. 

ADDRESSES: NMFS prepared a Final 

Regulatory Flexibility Analysis (FRFA), 

which is summarized in the 

Classification section of this final rule. 

NMFS also prepared an Initial 

Regulatory Flexibility Analysis (IRFA) 

for the proposed rule. Copies of the 

IRFA, FRFA and the Small Entity 

Compliance Guide are available from 

William W. Stelle, Jr., Regional 

Administrator, West Coast Region, 

NMFS, 7600 Sand Point Way NE., 

Seattle, WA 98115–0070; or by phone at 

206–526–6150. Copies of the Small 

Entity Compliance Guide are available 

on the West Coast Region’s Web site at 

http://

www.westcoast.fisheries.noaa.gov/. 

FOR FURTHER INFORMATION CONTACT: 

Becky Renko, 206–526–6110; (fax) 206– 

526–6736; Becky.Renko@noaa.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule modifies the chafing gear 

regulations that apply to all midwater 

trawl gear. Chafing or chafer panels are 

webbing or other material attached to 

the codend to minimize damage from 

wear caused by the codend rubbing 

against the stern ramp and trawl alley 

during net retrieval and from contact 

with the ocean floor. Midwater trawl 

gear is effective for targeting groundfish 

species that ascend above the ocean 

floor and is not designed to make 

frequent contact with the ocean floor. 

The only gear allowed for the targeting 

of Pacific whiting during the Pacific 

whiting primary seasons for the 

shorebased IFQ program, MS coop 

program, and CP coop program is 

midwater trawl gear. Midwater trawl 

gear is also used in the shorebased IFQ 

program to target non-whiting species 

such as widow, yellowtail, and 

chilipepper rockfish. A proposed rule 

was published in the Federal Register 

on March 19, 2014 (79 FR 15296), 

followed by a correction which was 

published on April 4, 2014 (79 FR 

18876). 

During the proposed rule comment 

period, NMFS specifically sought 

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