[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)]
[Rules and Regulations]
[Pages 33150-33151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12351]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XE629


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2016 Commercial Accountability Measures and Closure for Blueline 
Tilefish in the South Atlantic Region

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 (AMs) for commercial 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings for blueline tilefish are projected to 
reach the commercial annual catch limit (ACL) by June 1, 2016. 
Therefore, NMFS is closing the commercial sector for blueline tilefish 
in the South Atlantic EEZ at 12:01 a.m., local time, June 1, 2016, and 
it will remain closed until the start of the next fishing season on 
January 1, 2017. This closure is necessary to protect the blueline 
tilefish resource.

DATES:  This rule is effective at 12:01 a.m., local time, June 1, 2016, 
until 12:01 a.m., local time, January 1, 2017.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional

[[Page 33151]]

Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes blueline tilefish and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The South Atlantic Fishery Management Council and NMFS 
prepared the FMP, and the FMP is implemented under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    In Amendment 32 to the FMP (Amendment 32), NMFS implemented 
management measures to end overfishing of blueline tilefish. The final 
rule for Amendment 32 was effective on March 30, 2015 (80 FR 16583, 
March 30, 2015).
    NMFS is required to close the commercial sector for blueline 
tilefish when the commercial ACL is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register, as specified in 50 CFR 622.193(z)(1)(i). For 2016, 
the commercial ACL for blueline tilefish is 26,766 lb (12,141 kg), 
round weight. NMFS has projected that the commercial ACL for South 
Atlantic blueline tilefish will be reached by June 1, 2016. 
Accordingly, the commercial sector for South Atlantic blueline tilefish 
is closed effective at 12:01 a.m., local time, June 1, 2016, until 
12:01 a.m., local time, January 1, 2017.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having blueline tilefish on board must 
have landed and bartered, traded, or sold such blueline tilefish prior 
to June 1, 2016. During the closure, all sale or purchase of blueline 
tilefish is prohibited and harvest or possession of blueline tilefish 
in or from the South Atlantic EEZ is limited to the bag and possession 
limits specified in 50 CFR 622.187(b)(2)(iv) and 622.187(c)(1), 
respectively. These bag and possession limits apply in the South 
Atlantic on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of blueline tilefish and the South Atlantic snapper-grouper 
fishery and is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This action is taken under 50 CFR 622.193(z)(1)(i) 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 NOAA Fisheries (AA) finds that the need 
to immediately implement this action to close the commercial sector for 
blueline 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 prior notice and 
opportunity for public comment are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.193(z)(1)(i) and (iii) have already been 
subject to notice and comment, and all that remains is to notify the 
public of the closure. Prior notice and opportunity for public comment 
are contrary to the public interest because there is a need to 
immediately implement this action to protect blueline tilefish, since 
the capacity of the fishing fleet allows for rapid harvest of the 
commercial ACL. 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.
    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.

Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-12351 Filed 5-24-16; 8:45 am]
 BILLING CODE 3510-22-P