72556 Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations 

* * * * * 

[FR Doc. 2014–28591 Filed 12–5–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140828724–4992–02] 

RIN 0648–BE23 

Framework Action To Modify the 

Commercial Annual Catch Limit/

Annual Catch Target Regulations for 

Three Individual Fishing Quota 

Species Complexes 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

implement a framework action to the 

Fishery Management Plan (FMP) for the 

Reef Fish Resources of the Gulf of 

Mexico (Gulf) (Reef Fish FMP) as 

prepared by the Gulf of Mexico Fishery 

Management Council (Council). The 

action modifies the commercial annual 

catch limit (ACL) and annual catch 

target (ACT) regulations for three 

individual fishing quota (IFQ) program 

species complexes in the Gulf. This rule 

clarifies that the established commercial 

quotas are equal to the commercial 

ACTs and adds commercial ACLs to the 

regulations for three IFQ species 

complexes: Other shallow-water grouper 

(Other SWG), deep-water grouper 

(DWG), and tilefishes. The purpose of 

this rule is to optimize allowable 

harvest of IFQ species in the Gulf, while 

preventing overfishing, in accordance 

with National Standard 1 of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

DATES: This rule is effective January 7, 

2015. 

ADDRESSES: Electronic copies of the 

framework action, which includes 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. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, Southeast Regional Office, 

telephone: 727–824–5305. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the fisheries for 

Gulf Reef Fish Resources, which 

includes the complexes for Other SWG, 

DWG, and tilefishes, under the Reef 

Fish FMP. Other SWG includes black 

grouper, scamp, yellowmouth grouper, 

yellowfin grouper; DWG includes 

warsaw grouper, snowy grouper, 

speckled hind, yellowedge grouper; and 

tilefishes include golden tilefish, 

blueline tilefish, and goldface tilefish. 

The Reef Fish FMP is implemented 

under the authority of the MagnusonStevens Act by regulations at 50 CFR 

part 622. All weights specified in this 

rule are in gutted weight. 

On October 1, 2014, NMFS published 

a proposed rule for this framework 

action and requested public comment 

(79 FR 59204). The proposed rule and 

framework action outline the rationale 

for the actions contained in this final 

rule. This final rule clarifies that the 

commercial quotas for the Other SWG, 

DWG, and tilefishes complexes are 

equal to the commercial ACTs specified 

in the Generic Annual Catch Limit/

Accountability Measures Amendment 

(Generic ACL Amendment) and adds 

commercial ACLs to the regulations for 

these same three complexes. This final 

rule also removes outdated quotas for 

these species complexes. 

Comments and Responses 

NMFS received one comment letter 

on the proposed rule from a commercial 

fishing organization. The comment and 

NMFS’ response is summarized below. 

Comment: The commercial quotas 

should be set equivalent to the ACL, not 

the ACT, because they are managed 

under a highly functioning and certain 

IFQ program. The present commercial 

IFQ program for SWG, DWG, and 

tilefish demonstrates that management 

uncertainty is effectively zero and 

therefore setting the commercial quota 

for these species complexes at their 

ACLs rather than their ACTs is justified. 

Response: NMFS disagrees that the 

commercial quotas for IFQ species 

complexes should be set equal to the 

ACLs and not the ACTs. At the June 

Council meeting, the Council voted to 

use the ACL/ACT control rule adopted 

in the Generic ACL Amendment and 

retain the 4 percent buffer between the 

ACL and ACT for species in the IFQ 

program. Using the ACL/ACT control 

rule results in a recommended 4 percent 

buffer because of the uncertainty in 

managing stock complexes. While the 

aggregate quota is unlikely to be 

exceeded in an IFQ program, there is 

less control over the individual stocks 

within the aggregate. The Other SWG 

complex and DWG complex each 

consist of four stocks, and the tilefish 

complex consists of three stocks. If the 

proportion of each stock that makes up 

the landings changes, it may be possible 

to overfish a single stock within the 

complex even when the aggregate quota 

is not exceeded. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined that this final rule is 

necessary for the conservation and 

management of Gulf reef fish 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 action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for this 

certification was published in the 

proposed rule and is not repeated here. 

NMFS received one comment on the 

proposed rule concerning the decision 

to keep the commercial quota at the 

commercial ACT level, which does not 

affect the current level of landings. 

Therefore, the basis for the certification 

that this final rule would not have any 

impact on small entities has not 

changed. Accordingly, a regulatory 

flexibility analysis was not required and 

none was prepared. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Gulf of Mexico, 

Individual fishing quota. 

Dated: November 25, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, 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 § 622.39, paragraphs (a)(1)(ii) and 

(a)(1)(iii)(A) are revised to read as 

follows: 

§ 622.39 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(ii) Deep-water groupers (DWG) have 

a combined quota, as specified in 

paragraphs (a)(1)(ii)(A) through (C) of 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 235 / Monday, December 8, 2014 / Rules and Regulations 72557 

this section. These quotas are specified 

in gutted weight, that is eviscerated, but 

otherwise whole. 

(A) For fishing year 2014—1.110 

million lb (0.503 million kg). 

(B) For fishing year 2015—1.101 

million lb (0.499 million kg). 

(C) For fishing year 2016 and 

subsequent fishing years—1.024 million 

lb (0.464 million kg). 

(iii) * * * 

(A) Other SWG combined. (1) For 

fishing year 2014—523,000 lb (237,229 

kg). 

(2) For fishing year 2015 and 

subsequent fishing years—525,000 lb 

(238,136 kg). 

* * * * * 

■ 3. In § 622.41, paragraphs (c)(1), (f)(1), 

and (g)(1) are revised to read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(c) * * * 

(1) Commercial sector. The IFQ 

program for groupers and tilefishes in 

the Gulf of Mexico serves as the 

accountability measure for commercial 

Other SWG. The commercial ACT for 

Other SWG is equal to the applicable 

quota specified in § 622.39(a)(1)(iii)(A). 

The commercial ACL for Other SWG, in 

gutted weight, is 545,000 lb (247,208 kg) 

for 2014, and 547,000 lb (248,115 kg) for 

2015 and subsequent fishing years. 

* * * * * 

(f) * * * 

(1) Commercial sector. The IFQ 

program for groupers and tilefishes in 

the Gulf of Mexico serves as the 

accountability measure for commercial 

DWG. The commercial ACT for DWG is 

equal to the applicable quota specified 

in § 622.39(a)(1)(ii). The commercial 

ACL for DWG, in gutted weight, is 1.160 

million lb (0.526 million kg) for 2014, 

1.150 million lb (0.522 million kg) for 

2015, and 1.070 million lb (0.485 

million kg) for 2016 and subsequent 

fishing years. 

* * * * * 

(g) * * * 

(1) Commercial sector. The IFQ 

program for groupers and tilefishes in 

the Gulf of Mexico serves as the 

accountability measure for commercial 

tilefishes. The commercial ACT for 

tilefishes is equal to the quota specified 

in § 622.39(a)(1)(iv). The commercial 

ACL for tilefishes, in gutted weight, is 

606,000 lb (274,877 kg). 

* * * * * 

[FR Doc. 2014–28630 Filed 12–5–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 140324263–4990–02] 

RIN 0648–BE12 

Atlantic Highly Migratory Species; 

Transshipment, Port Inspection, and 

Vessel Identification 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

regulations governing transshipment 

and international port inspection for 

vessels with Atlantic highly migratory 

species (HMS) permits to fulfill recent 

recommendations adopted by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT). 

The final rule expands the current 

prohibition on transfer at sea to include 

any tuna, tuna-like species, or other 

Atlantic HMS both at sea and in port 

inside the Atlantic Ocean, and prohibits 

the transfer of Atlantic HMS by U.S. 

vessels outside of the Atlantic Ocean 

and its surrounding seas. However, 

Atlantic tuna purse seine category 

vessels are still allowed to transfer 

Atlantic bluefin tuna from the catcher 

vessel to the receiving vessel in certain 

limited circumstances. Additionally, 

this final rule revises current regulations 

for U.S.-permitted vessels landing tuna, 

tuna-like species, or other HMS in 

foreign ports or making port calls in 

foreign ports by updating information 

and reporting procedures. Finally, 

NMFS is notifying commercial HMS 

permit holders with vessels 20 meters or 

larger of an ICCAT requirement that 

they provide an International Maritime 

Organization (IMO)/Lloyd’s Registry 

(LR) number on their permit application 

by no later than January 1, 2016. The 

purpose of this rule is to ensure U.S. 

compliance with ICCAT 

recommendations and to facilitate 

implementation of international 

monitoring, control, and surveillance 

measures for Atlantic HMS fisheries. 

DATES: This rule is effective on January 

7, 2015. 

ADDRESSES: Other documents relevant 

to this final rule are available from the 

Atlantic HMS Management Division 

Web site at http://www.nmfs.noaa.gov/

sfa/hms/ or upon request from the 

Atlantic HMS Management Division at 

1315 East-West Highway, Silver Spring, 

MD 20910. 

FOR FURTHER INFORMATION CONTACT: Rick 

Pearson at 727–824–5399 or LeAnn 

Hogan at 301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries are managed under the 

2006 Consolidated Atlantic HMS 

Fishery Management Plan (FMP) and 

regulations at 50 CFR part 635, pursuant 

to the dual authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), and the Atlantic Tunas Convention 

Act (ATCA). Under ATCA, the Secretary 

promulgates such regulations as may be 

necessary and appropriate to carry out 

ICCAT recommendations. 

Background 

A brief summary of the background of 

this final action is provided below. The 

details are described in the proposed 

rule for this action (79 FR 54247, 

September 11, 2014) and are not 

repeated here. Additional information 

regarding Atlantic HMS management 

can be found in the 2006 Consolidated 

Atlantic HMS FMP and its amendments, 

the annual HMS Stock Assessment and 

Fishery Evaluation (SAFE) Reports, and 

online at http://www.nmfs.noaa.gov/sfa/ 

hms/. The comments received on the 

proposed rule for this action, and our 

responses to those comments, are 

summarized below in the section 

labeled ‘‘Response to Comments.’’ 

In 2012 and 2013, ICCAT adopted 

binding measures for its Contracting 

Parties to further combat illegal, 

unregulated, and unreported (IUU) 

fishing activities. Consistent with these 

recent ICCAT recommendations, this 

final rule implements domestic 

regulations pertaining to transfer at sea 

and transshipment, and international 

port inspection for vessels that are 

issued, or required to be issued, Atlantic 

HMS permits. It also notifies owners of 

commercial HMS-permitted vessels that 

are 20 meters in length or greater of the 

need to obtain an IMO/LR number and 

to provide that number on their permit 

applications by no later than January 1, 

2016. 

Transfer at Sea and Transshipment 

ICCAT Recommendation 12–06 

expands and strengthens ICCAT’s 

previously adopted program for 

transshipment. These changes were 

designed to enhance the quality of data 

collected for use in compliance 

assessments and for scientific purposes, 

and to eliminate any incentive for 

vessels to transship outside of the 

ICCAT convention area in order to 

circumvent ICCAT rules. Current 


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