[Federal Register Volume 82, Number 204 (Tuesday, October 24, 2017)]
[Rules and Regulations]
[Pages 49142-49143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23026]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XF758


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Re-Opening of the 
Commercial Sector for Blueline Tilefish

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

ACTION: Temporary rule; re-opening.

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SUMMARY: NMFS announces the re-opening of the commercial sector for 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic through this temporary rule. The most recent commercial 
landings data for blueline tilefish indicate the commercial annual 
catch limit (ACL) for the 2017 fishing year has not yet been reached. 
Therefore, NMFS re-opens the commercial sector for blueline tilefish in 
the South Atlantic EEZ for 8 days to allow the commercial ACL to be 
caught, while minimizing the risk of the commercial ACL being exceeded.

DATES: This rule is effective 12:01 a.m., local time, October 24, 2017 
until 12:01 a.m., local time, November 1, 2017.

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 blueline 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.
    As specified at 50 CFR 622.193(z)(1)(i), the blueline tilefish 
commercial ACL is 87,521 lb (39,699 kg), round weight.
    NMFS is required to close the commercial sector for blueline 
tilefish when the commercial ACL specified at 50 CFR 622.193(z)(1)(i) 
is reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register. NMFS previously 
projected that the commercial ACL for South Atlantic blueline tilefish 
for the 2017 fishing year would be reached by July 18, 2017. Therefore, 
NMFS published a temporary rule to close the commercial sector for 
South Atlantic blueline tilefish effective on July 18, 2017, through 
the end of the 2017 fishing year (82 FR 31924; July 11, 2017). However, 
a recent landings update indicates that the commercial ACL for blueline 
tilefish was not met as of July 18, 2017.
    In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial sector for blueline tilefish on October 24, 2017. The 
commercial sector will remain open for 8 days to allow for the 
commercial ACL to be reached. The commercial sector will close 8 days 
later, at 12:01 a.m., local time, November 1, 2017, and remain closed 
until January 1, 2018, the start of the next fishing year. NMFS has 
determined that this re-opening will allow for an additional 
opportunity to commercially harvest blueline tilefish while minimizing 
the risk of exceeding the commercial ACL.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having blueline tilefish 
onboard must have landed and bartered, traded, or sold such blueline 
tilefish prior to 12:01 a.m., local time, November 1, 2017. During the 
subsequent commercial closure, all sale or purchase of blueline 
tilefish is prohibited. The recreational sector for blueline tilefish 
in South Atlantic Federal waters is closed from January 1 through April 
30, and from September 1 through December 31, each year, and the bag 
and possession limits for blueline tilefish in or from South Atlantic 
Federal waters are zero through December 31, 2017. Additionally, these 
bag and possession limits apply to the harvest of blueline tilefish in 
both state and Federal waters in the South Atlantic on board a vessel 
with a valid Federal commercial or charter vessel/headboat permit for 
South Atlantic snapper-grouper.

Classification

    The Regional Administrator, 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 622.8(c) 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 temporarily re-open 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 procedures are unnecessary and contrary to the public interest. 
Such procedures are unnecessary because the rule implementing the 
commercial ACL and AMs has been subject to notice and comment, and all 
that remains is to notify the public of the re-opening. Such procedures 
are contrary to the public interest because of the need to immediately 
implement this action to allow commercial fishers to harvest the 
commercial ACL of blueline tilefish from the EEZ, while minimizing the 
risk of exceeding the commercial ACL. Prior notice and opportunity for 
public comment would be contrary to the public interest because it 
would not allow for the re-opening of the commercial sector before the 
end of the fishing season.

[[Page 49143]]

    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: October 19, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2017-23026 Filed 10-19-17; 4:15 pm]
BILLING CODE 3510-22-P