[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)]
[Rules and Regulations]
[Pages 40156-40157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17388]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XG409


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2018 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 August 14, 2018. 
Therefore, NMFS closes the commercial hook-and-line component for 
golden tilefish in the South Atlantic EEZ on August 14, 2018, and it 
will remain closed until the start of the next fishing year on January 
1, 2019. This closure is necessary to protect the golden tilefish 
resource.

DATES: This rule is effective at 12:01 a.m., local time, August 14, 
2018, until 12:01 a.m., local time, January 1, 2019.

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.
    Amendment 18B to the FMP established a longline endorsement program 
for the commercial golden tilefish component of the snapper-grouper 
fishery and divided the commercial golden tilefish annual catch limit 
(ACL) between the commercial longline and commercial hook-and-line gear 
components (78 FR 23858; April 23, 2013). On January 2, 2018, NMFS 
published a final temporary rule to implement interim measures to 
reduce overfishing of golden tilefish in Federal waters of the South 
Atlantic (83 FR 65), effective through July 1, 2018. On June 19, 2018, 
NMFS published an extension of the interim measures for an additional 
186 days, through January 3, 2019 (83 FR 28387). As a result of the 
interim measures, the total ACL for golden tilefish is 323,000 lb 
(146,510 kg), gutted weight, and the commercial ACL is 313,310 lb 
(142,115 kg), gutted weight. The current golden tilefish commercial 
quota (ACL) for the 2018 fishing year for the hook-and-line component 
is 78,328 lb (35,529 kg), gutted weight, with the remainder of the 
commercial quota assigned to the longline group.
    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 quota (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 quota for the golden tilefish hook-and-line component in the 
South Atlantic will be reached on August 14, 2018. Accordingly, the 
hook-and-line component of South Atlantic golden tilefish is closed 
effective at 12:01 a.m., local time, August 14, 2018.
    The commercial longline component for South Atlantic golden 
tilefish closed on March 25, 2018, and will remain closed for the 
remainder of the fishing year, until 12:01 a.m., local time, January 1, 
2019 (83 FR 12280; March 21, 2018). Therefore, because the commercial 
longline component is already closed, and NMFS is closing the 
commercial hook-and-line component through this temporary rule, all 
commercial fishing for South Atlantic golden tilefish will be closed 
effective at 12:01 a.m., local time, August 14, 2018, until 12:01 a.m., 
local time, January 1, 2019.
    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, August 14, 2018. 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 
14, 2018, and were

[[Page 40157]]

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 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 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 8, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-17388 Filed 8-9-18; 4:15 pm]
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