[Federal Register Volume 80, Number 229 (Monday, November 30, 2015)]
[Rules and Regulations]
[Pages 74710-74711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30318]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XE215


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2015 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. NMFS projects commercial hook-and-
line landings for golden tilefish will reach the hook-and-line 
component's commercial annual catch limit (ACL) on December 8, 2015. 
Therefore, NMFS closes the commercial hook-and-line component for 
golden tilefish in the South Atlantic EEZ on December 8, 2015, and it 
will remain closed until the start of the next fishing year on January 
1, 2016. This closure is necessary to protect the golden tilefish 
resource.

DATES: This rule is effective 12:01 a.m., local time, December 8, 2015, 
until 12:01 a.m., local time, January 1, 2016.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, 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 by NMFS under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens 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 types, the longline and hook-and-line components.
    The commercial ACL (equivalent to the 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, 2015, 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 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 
for the hook-and-line component for golden tilefish in the South 
Atlantic will be reached by December 8, 2015. Accordingly, the 
commercial hook-and-line component for South Atlantic golden tilefish 
is closed effective 12:01 a.m., local time, December 8, 2015, until 
12:01 a.m., local time, January 1, 2016.
    The commercial longline component for South Atlantic golden 
tilefish closed on February 19, 2015, for the remainder of the fishing 
year, until 12:01 a.m., local time, January 1, 2016 (80 FR 8559, 
February 18, 2015). Furthermore, recreational harvest for golden 
tilefish closed on August 11, 2015, for the remainder of the fishing 
year, until 12:01 a.m., local time, January 1, 2016 (80 FR 48041, 
August 11, 2015). Therefore, because the commercial longline component 
and the recreational sector are already closed, and NMFS is closing the 
commercial hook-and-line component through this temporary rule, all 
fishing for South Atlantic golden tilefish is closed effective 12:01 
a.m., local time, December 8, 2015, until 12:01 a.m., local time, 
January 1, 2016.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having golden tilefish on 
board must have landed and bartered, traded, or sold such golden 
tilefish prior to 12:01 a.m., local time, December 8, 2015. 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, December 
8, 2015, 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

[[Page 74711]]

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 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 scientific information available. 
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 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. Such procedures are contrary to the public 
interest because the capacity of the fishing fleet allows for rapid 
harvest of the commercial ACL for the hook-and-line component, and 
there is a need to immediately implement this action to protect golden 
tilefish. Prior notice and opportunity for public comment would require 
time and could potentially result in a harvest well in excess of the 
established commercial ACL 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: November 24, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-30318 Filed 11-27-15; 8:45 am]
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