[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Rules and Regulations]
[Pages 21316-21317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09272]



[[Page 21316]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XF382


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Commercial Accountability Measure and Closure for South Atlantic 
Golden Tilefish Longline 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 an accountability measure for the commercial 
longline component for golden tilefish in the exclusive economic zone 
(EEZ) of the South Atlantic. Commercial longline landings for golden 
tilefish are projected to reach the longline component's commercial 
annual catch limit (ACL) on May 2, 2017. Therefore, to provide 
sufficient notice to fishermen, NMFS closes the commercial longline 
component for golden tilefish in the South Atlantic EEZ on May 9, 2017, 
and it will remain closed until the start of the next fishing year, 
January 1, 2018. This closure is necessary to protect the golden 
tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, May 9, 2017, 
until 12:01 a.m., local time, January 1, 2018.

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 to implement 
Amendment 18B to the FMP (78 FR 23858). Amendment 18B established a 
longline endorsement program for the commercial golden tilefish 
component of the snapper-grouper fishery and allocated the commercial 
golden tilefish ACL (equivalent to the commercial quota) between two 
gear groups: The longline and hook-and-line components as commercial 
quotas.
    The commercial quota for the longline component for golden tilefish 
in the South Atlantic is 405,971 lb (184,145 kg), gutted weight, for 
the current fishing year, January 1 through December 31, 2017, as 
specified in 50 CFR 622.190(a)(2)(iii).
    Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the 
commercial longline component for golden tilefish when the longline 
component's 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. After the commercial quota for the longline component 
is reached or projected to be reached, golden tilefish may not be 
commercially fished or possessed by a vessel with a golden tilefish 
longline endorsement. NMFS has determined that the commercial quota for 
the golden tilefish longline component in the South Atlantic will be 
reached on May 2, 2017. Accordingly, to provide sufficient notice to 
fishermen, the commercial longline component for South Atlantic golden 
tilefish is closed effective 12:01 a.m., local time, May 9, 2017, until 
12:01 a.m., local time, January 1, 2018.
    During the commercial longline closure, golden tilefish may still 
be harvested commercially using hook-and-line gear. However, a vessel 
with a golden tilefish longline endorsement is not eligible to fish for 
or possess golden tilefish using hook-and-line gear under the hook-and-
line commercial trip limit, as specified in 50 CFR 622.191(a)(2)(ii). 
The operator of a vessel with a valid Federal commercial vessel permit 
for South Atlantic snapper-grouper and a valid commercial longline 
endorsement for golden tilefish having golden tilefish on board must 
have landed and bartered, traded, or sold such golden tilefish prior to 
12:01 a.m., local time, May 9, 2017. During the commercial longline 
closure, the recreational bag limit and possession limits specified in 
50 CFR 622.187(b)(2)(iii) and (c)(1), respectively, apply to all 
harvest or possession of golden tilefish in or from the South Atlantic 
EEZ by a vessel with a golden tilefish longline endorsement. The sale 
or purchase of longline-caught golden tilefish taken from the EEZ is 
prohibited during the commercial longline closure. The prohibition on 
sale or purchase does not apply to the sale or purchase of longline-
caught golden tilefish that were harvested, landed ashore, and sold 
prior to 12:01 a.m., local time, May 9, 2017, and those that were held 
in cold storage by a dealer or processor. Additionally, the 
recreational bag and possession limits and the sale and purchase 
provisions of the commercial closure apply to a person on board a 
vessel with a golden tilefish longline endorsement, regardless of 
whether the golden tilefish are harvested in state or Federal waters, 
as specified in 50 CFR 622.190(c)(1).

Classification

    The Regional Administrator for the NMFS Southeast Region 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)(ii) 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 longline 
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 for this temporary rule would be unnecessary and contrary to 
the public interest. Such procedures are unnecessary, because the 
regulations at 50 CFR 622.193(a)(1)(ii) 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 on this action 
are contrary to the public interest, because there is a need to 
immediately implement this action to protect the golden tilefish 
resource since the capacity of the fishing fleet allows for rapid 
harvest of the commercial quota for the longline 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 quota for the longline 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.


[[Page 21317]]


    Dated: May 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-09272 Filed 5-3-17; 4:15 pm]
 BILLING CODE 3510-22-P