[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Page 42449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18133]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 140501394-5279-02]
RIN 0648-XG424
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2018 Commercial Accountability Measure and Closure for South Atlantic
Blueline Tilefish
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 (AM) for commercial
blueline tilefish in the exclusive economic zone (EEZ) of the South
Atlantic. Commercial landings of blueline tilefish are projected to
reach the commercial annual catch limit (ACL) by August 22, 2018.
Therefore, NMFS is closing the commercial sector for blueline tilefish
in the South Atlantic EEZ at 12:01 a.m., local time, on August 22,
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
blueline tilefish resource.
DATES: This temporary rule is effective at 12:01 a.m., local time, on
August 22, 2018, until 12:01 a.m., local time, on 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 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 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 commercial ACL for
blueline tilefish is 87,521 lb (39,699 kg), round weight. The
commercial AM for blueline tilefish requires NMFS to close the
commercial sector 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 (50 CFR 622.193(z)(1)(i)). NMFS has projected
that the commercial ACL for South Atlantic blueline tilefish will be
reached by August 22, 2018. Accordingly, the commercial sector for
South Atlantic blueline tilefish is closed effective at 12:01 a.m.,
local time, on August 22, 2018, until 12:01 a.m., local time, on
January 1, 2019.
The operator of a vessel with a valid Federal 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 August 22, 2018. During the commercial closure, all
sale or purchase of blueline tilefish is prohibited. The 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) and 622.187(c)(1), respectively, while the recreational
sector for blueline tilefish is open. These bag and possession limits
apply in the South Atlantic on board a vessel with a valid Federal
commercial or charter vessel/headboat permit for South Atlantic
snapper-grouper, and apply to the harvest of blueline tilefish in both
state and 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) 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.
Dated: August 17, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2018-18133 Filed 8-17-18; 4:15 pm]
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