[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57339-57340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24915]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 160906822-7547-02]
RIN 0648-XG618


Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial 
Closure for Hogfish in the Florida Keys/East Florida Area of the South 
Atlantic

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 hogfish 
commercial sector in the exclusive economic zone (EEZ) of the South 
Atlantic for the Florida Keys/East Florida (FLK/EFL) stock for the 2018 
fishing year through this temporary rule. NMFS estimates commercial 
hogfish landings for the FLK/EFL hogfish stock for the 2018 fishing 
year will reach the annual catch limit (ACL) on November 16, 2018. 
Therefore, NMFS closes the commercial sector for the FLK/EFL hogfish 
stock in the South Atlantic EEZ on November 16, 2018, through the 
remainder of the 2018 fishing year. This closure is necessary to 
protect the hogfish resource in the FLK/EFL region of the South 
Atlantic.

DATES: This rule is effective 12:01 a.m., local time, November 16, 
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 hogfish 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.
    The final rule for Amendment 37 to the FMP established two stocks 
of hogfish in Federal waters of the South Atlantic and new stock 
boundaries under the jurisdiction of the South Atlantic Fishery 
Management Council (82 FR 34584; July 25, 2017). One stock is the 
Georgia through North Carolina

[[Page 57340]]

(GA/NC) hogfish stock, with a southern boundary extending east from the 
Florida/Georgia state border to the North Carolina and Virginia state 
border. The other stock is the FLK/EFL hogfish stock. The FLK/EFL 
hogfish stock boundary extends from the 25[deg]09' N latitude line off 
the west coast of Florida (near Cape Sable, Florida), east around South 
Florida, to the Florida/Georgia border. The final rule for Amendment 37 
set the 2018 ACL for the commercial sector of the FLK/EFL hogfish stock 
at 4,524 lb (2,052 kg), round weight.
    In accordance with regulations at 50 CFR 622.193(u)(2)(i), the 
commercial AMs for the FLK/EFL hogfish stock include an in-season 
closure if the commercial ACL is met or is projected to be met. NMFS is 
required to close the commercial sector for hogfish when the ACL has 
been met, or is projected to be met, by filing a notification to that 
effect with the Office of the Federal Register.
    NMFS has determined that the 2018 commercial ACL for the EFL/FLK 
hogfish stock established by Amendment 37 will be met on November 16, 
2018. Therefore, this temporary rule implements the AM to close the 
commercial sector for EFL/FLK hogfish stock in the South Atlantic for 
the remainder of the 2018 fishing year. Accordingly, the commercial 
sector for the EFL/FLK hogfish stock in the South Atlantic EEZ will be 
closed effective 12:01 a.m. local time, November 16, 2018, until 
January 1, 2019, the start of the next fishing year.
    During the commercial closure, all sale or purchase of hogfish in 
or from the EEZ off the Florida Keys and east coast of Florida, and 
south of 25[deg]09' N lat. off the west coast of Florida is prohibited, 
and harvest or possession of this species is limited to the bag and 
possession limits. These bag and possession limits apply for this 
hogfish stock on board a vessel for which a valid Federal commercial or 
charter vessel/headboat permit for South Atlantic snapper-grouper has 
been issued, without regard to where such species were harvested, i.e., 
in state or Federal waters. The commercial sector for the EFL/FLK 
hogfish stock in the South Atlantic EEZ will reopen on January 1, 2019.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
hogfish in 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(u)(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 public 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 
this stock 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 AMs established by Amendment 37 (82 FR 34584; July 25, 
2017) and located at 50 CFR 622.193(u)(2)(i) have already been subject 
to notice and public comment. All that remains is to notify the public 
of the commercial closure for the EFL/FLK hogfish stock in the South 
Atlantic EEZ for the remainder of the 2018 fishing year. Such 
procedures are contrary to the public interest because of the need to 
immediately implement this action to protect the EFL/FLK hogfish stock, 
since time for notice and public comment will allow for continued 
commercial harvest and further exceedance of the commercial ACLs.
    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: November 9, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-24915 Filed 11-9-18; 4:15 pm]
 BILLING CODE 3510-22-P