[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43796-43797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18621]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120403249-2492-02]
RIN 0648-XG440


Snapper-Grouper Fishery of the South Atlantic; 2018 Recreational 
Accountability Measure and Closure for South Atlantic Golden 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 accountability measures (AMs) for the golden 
tilefish recreational sector in the exclusive economic zone (EEZ) of 
the South Atlantic for the 2018 fishing year through this temporary 
rule. NMFS estimates recreational landings of golden tilefish in 2018 
has reached the recreational annual catch limit (ACL). Therefore, NMFS 
closes the golden tilefish recreational sector in the South Atlantic 
EEZ on August 28, 2018. This closure is necessary to protect the golden 
tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, August 28, 2018, 
until 12:01 a.m., local time, January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 January 2, 2018, as a result of golden tilefish being determined 
to be undergoing overfishing, NMFS published a final temporary rule in 
the Federal Register (83 FR 65) to reduce the combined ACL for golden 
tilefish in the South Atlantic to reduce overfishing of the stock. The 
final temporary rule was subsequently extended through January 3, 2019 
(83 FR 28387; June 19, 2018). The recreational ACL in place during the 
effectiveness of the interim measures is 2,187 fish, during this 
current 2018 fishing year. As described in the final temporary rule, 
the 2,187 fish is equivalent to 9,960 lb (4,395 kg), gutted weight. In 
accordance with regulations at 50 CFR 622.193(a)(2)(i) for the 
recreational sector, if recreational landings of golden tilefish reach 
the recreational ACL, the Assistant Administrator for NOAA Fisheries 
(AA) will file a notification with the Office of the Federal Register 
to close the recreational sector for the remainder of the fishing year. 
Landings data from the NMFS Southeast Fisheries Science Center indicate 
that the golden tilefish recreational ACL of 2,187 fish has been 
reached. Therefore, this temporary rule implements an AM to close the 
golden tilefish recreational sector of the snapper-grouper fishery for 
the remainder of the 2018 fishing year. As a result, the recreational 
sector for golden tilefish in the South Atlantic EEZ will be closed 
effective 12:01 a.m., local time August 28, 2018.
    As the commercial sector, including both longline and hook-and-line 
components, are also closed, during the recreational closure, the bag 
and possession limits for golden tilefish in or from the South Atlantic 
EEZ are zero, and all harvest and possession of golden tilefish is 
prohibited. The recreational sector for golden tilefish will reopen on 
January 1, 2019, the beginning of the 2019 fishing year and the 
recreational fishing season.

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)(2)(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 AA finds that the need to immediately implement this action to 
close the recreational sector for golden tilefish constitutes good 
cause to waive the requirements to provide prior notice and opportunity 
for public comment on this temporary rule pursuant to 5 U.S.C. 
553(b)(B), because such procedures are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.193(a)(2)(i) have already been subject to 
notice and comment,

[[Page 43797]]

and all that remains is to notify the public of the recreational 
closure for golden tilefish for the remainder of the 2018 fishing year. 
Prior notice and opportunity for comment are contrary to the public 
interest because of the need to immediately implement this action to 
protect the golden tilefish resource. Time required for notice and 
public comment would allow for continued recreational harvest and 
further exceedance of the recreational 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 23, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-18621 Filed 8-23-18; 4:15 pm]
 BILLING CODE 3510-22-P