[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]
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