[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]
 BILLING CODE 3510-22-P