[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Rules and Regulations]
[Pages 51113-51114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-20366]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XD352


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2014 Commercial Accountability Measure and Closure for South Atlantic 
Golden Tilefish Hook-and-Line Component

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures for the commercial 
hook-and-line component for golden tilefish in the exclusive economic 
zone (EEZ) of the South Atlantic. Commercial hook-and-line landings for 
golden tilefish, as estimated by the Science and Research Director 
(SRD), are projected to reach the hook-and-line component's commercial 
annual catch limit (ACL) on August 29, 2014. Therefore, NMFS closes the 
commercial hook-and-line component for golden tilefish in the South 
Atlantic EEZ on August 29, 2014, and it will remain closed until the 
start of the next fishing season, January 1, 2015. This closure is 
necessary to protect the golden tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, August 29, 2014, 
until 12:01 a.m., local time, January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes golden tilefish and is managed under the Fishery 
Management Plan for the Snapper-Grouper 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 by regulations 
at 50 CFR part 622.
    On April 23, 2013, NMFS published a final rule for Amendment 18B to 
the FMP (78 FR 23858). Amendment 18B to the FMP established a longline 
endorsement program for the commercial golden tilefish component of the 
snapper-grouper fishery and allocated the commercial golden tilefish 
ACL among two gear groups, the longline and hook-and-line components.
    The commercial ACL (commercial quota) for the hook-and-line 
component for golden tilefish in the South Atlantic is 135,324 lb 
(61,382 kg), gutted weight, for the current fishing year, January 1 
through December 31, 2014, as specified in 50 CFR 622.190(a)(2)(ii).
    Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the 
commercial hook-and-line component for golden tilefish when the hook-
and-line component's commercial ACL (commercial 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 
determined that the commercial ACL (commercial quota) for the hook-and-
line component for golden tilefish in the South Atlantic will have been 
reached by August 29, 2014. Accordingly, the commercial hook-and-line 
component for South Atlantic golden tilefish is closed effective 12:01 
a.m., local time, August 29, 2014, until 12:01 a.m., local time, 
January 1, 2015.
    The commercial longline component for South Atlantic golden 
tilefish closed on March 5, 2014, for the remainder of the fishing 
season, until 12:01 a.m., local time, January 1, 2015 (79 FR 12411, 
March 5, 2014). Furthermore, recreational harvest for golden tilefish 
closed on June 7, 2014, for the remainder of the fishing season, until 
12:01 a.m., local time, January 1, 2015 (79 FR 32498, June 5, 2014). 
Therefore, because the commercial longline component and the 
recreational sector are already closed, and NMFS is closing the hook-
and-line component through this temporary rule, all fishing for South 
Atlantic golden tilefish is closed effective 12:01 a.m., local time, 
August 29, 2014, until 12:01 a.m., local time, January 1, 2015.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having golden

[[Page 51114]]

tilefish onboard must have landed and bartered, traded, or sold such 
golden tilefish prior to 12:01 a.m., local time, August 29, 2014. 
During the closure, the sale or purchase of golden tilefish taken from 
the EEZ is prohibited. The prohibition on sale or purchase does not 
apply to the sale or purchase of golden tilefish that were harvested by 
hook-and-line, landed ashore, and sold prior to 12:01 a.m., local time, 
August 29, 2014, and were held in cold storage by a dealer or 
processor. For a person on board a vessel for which a Federal 
commercial or charter vessel/headboat permit for the South Atlantic 
snapper-grouper fishery has been issued, the sale and purchase 
provisions of the commercial closure for golden tilefish would apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic golden tilefish and is consistent with the Magnuson-
Stevens Act, the FMP, and other applicable laws.
    This action is taken under 50 CFR 622.193(a)(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 without 
opportunity for prior notice and comment.
    This action responds to the best available scientific information 
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 hook-and-line component for golden 
tilefish 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 would be 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule itself has been subject to notice and 
comment, and all that remains is to notify the public of the closure.
    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 golden tilefish since the capacity of 
the fishing fleet allows for rapid harvest of the commercial ACL 
(commercial quota) for the hook-and-line component. Prior notice and 
opportunity for public comment would require time and would potentially 
result in a harvest well in excess of the established commercial ACL 
(commercial quota) for the hook-and-line component.
    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: August 22, 2014.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2014-20366 Filed 8-22-14; 4:15 pm]
BILLING CODE 3510-22-P