[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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