[Federal Register Volume 84, Number 49 (Wednesday, March 13, 2019)]
[Rules and Regulations]
[Pages 8997-8998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04605]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XG850


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2019 Commercial 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 an accountability measure for the commercial 
longline component for golden tilefish in the exclusive economic zone 
(EEZ) of the South Atlantic. Commercial longline landings for golden 
tilefish are projected to reach the longline component's commercial 
quota on March 14, 2019. Therefore, NMFS closes the commercial longline 
component of golden tilefish in the South Atlantic EEZ on March 14, 
2019, at 12:01 a.m., local time. This closure is necessary to protect 
the golden tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m., local time, 
March 14, 2019, until 12:01 a.m., local time, January 1, 2020.

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 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 (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 commercial golden tilefish sector has two components, each with 
its own quota: The longline and hook-and-line components (50 CFR 
622.190(a)(2)). The commercial tilefish annual catch limit (ACL) is 
allocated 75 percent to the longline component and 25 percent to the 
hook-and-line component. On January 2, 2018, NMFS published a final 
temporary rule to implement interim measures reduce overfishing of 
golden tilefish in Federal waters of the South Atlantic (83 FR 65). 
These interim measures, which were originally effective through July 1, 
2018, and were extended through January 3, 2019, (83 FR 28387; June 16, 
2018), reduced the total ACL, the commercial and recreational ACLS, and 
the commercial quotas for the hook-and-line and longline components. On 
December 4, 2018, NMFS published a final rule (83 FR 62508) that 
implemented Regulatory Amendment 28 to the FMP, which revised the 
commercial and recreational ACLs for golden tilefish. The commercial 
ACL was revised from 323,000 lb (146,510 kg) gutted weight, to 331,740 
lb (150,475 kg) gutted weight, and the longline component quota was 
revised from 234,982 (106,586 kg) to 248,805 lb (112,856 kg) gutted 
weight. Although these ACL revisions are increases over the ACLs set by 
the interim rule, they are still decreases relative to the ACLs that 
were in effect before the interim rule.
    Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the 
commercial longline component for golden tilefish when the longline 
component's commercial quota has been reached or is projected to be 
reached by filing a notification to that effect with the Office of the 
Federal Register. After the commercial quota for the longline component 
is reached or is projected to be reached, golden tilefish may not be 
commercially fished or possessed by a vessel with a golden tilefish 
longline endorsement. NMFS has determined that the commercial quota for 
the golden tilefish longline component in the South Atlantic will be 
reached on March 14, 2019. Accordingly, the commercial longline 
component of South Atlantic golden tilefish is closed effective at 
12:01 a.m., local time, March 14, 2019.
    During the commercial longline closure, golden tilefish may still 
be harvested commercially using hook-and-line gear. However, a vessel 
with a golden tilefish longline endorsement is not eligible to fish for 
or possess golden tilefish using hook-and-line gear under the hook-and-
line commercial trip limit, as specified in 50 CFR 622.191(a)(2)(ii). 
The operator of a vessel with a valid Federal commercial vessel permit 
for South Atlantic snapper-grouper and a valid commercial longline 
endorsement for golden tilefish with golden tilefish on board must have 
landed and bartered, traded, or sold such golden tilefish prior to 
12:01 a.m., local time, on March 14, 2019. During the commercial 
longline closure, the recreational bag limit and possession limits 
specified in 50 CFR

[[Page 8998]]

622.187(b)(2)(iii) and (c)(1), respectively, apply to all harvest or 
possession of golden tilefish in or from the South Atlantic EEZ by a 
vessel with a golden tilefish longline endorsement. The sale or 
purchase of longline-caught golden tilefish taken from the South 
Atlantic EEZ is prohibited during the commercial longline closure. The 
prohibition on sale or purchase does not apply to the sale or purchase 
of longline-caught golden tilefish that were harvested, landed ashore, 
and sold prior to 12:01 a.m., local time, on March 14, 2019, and those 
that were held in cold storage by a dealer or processor. Additionally, 
the recreational bag and possession limits and the sale and purchase 
provisions of the commercial closure apply to a person on board a 
vessel with a golden tilefish longline endorsement, regardless of 
whether the golden tilefish are harvested in state or Federal waters, 
as specified in 50 CFR 622.190(c)(1).

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)(1)(ii) 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 longline 
component for golden 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 
procedures for this temporary rule would be unnecessary and contrary to 
the public interest. Such procedures are unnecessary, because the 
regulations at 50 CFR 622.193(a)(1)(ii) 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 on this action 
are contrary to the public interest, because there is a need to 
immediately implement this action to protect the golden tilefish 
resource since the capacity of the fishing fleet allows for rapid 
harvest of the commercial quota for the longline component. Prior 
notice and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
commercial quota for the longline component.
    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: March 8, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2019-04605 Filed 3-8-19; 4:15 pm]
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