[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Rules and Regulations]
[Pages 27974-27975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12755]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 180720681-8999-02]
RTID 0648-XS001


Snapper-Grouper Fishery of the South Atlantic; 2019 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 2019 fishing year through this temporary 
rule. NMFS estimates recreational landings of golden tilefish in 2019 
have reached the recreational annual catch limit (ACL). Therefore, NMFS 
closes the golden tilefish recreational sector in the South Atlantic 
EEZ on June 17, 2019. This closure is necessary to protect the golden 
tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, June 17, 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 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, 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). On January 4, 2019, NMFS implemented 
management measures for golden tilefish through a final rule for 
Amendment 28 to the Snapper-Grouper FMP (83 FR 233; December 4, 2018). 
This final rule set a recreational ACL of 2,316 fish (50 CFR 
622.193(a)(2)(i)).
    Landings data from the NMFS Southeast Fisheries Science Center 
indicate that the golden tilefish recreational ACL of 2,316 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 2019 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 June 17, 2019. The 
recreational sector for golden tilefish will open on January 1, 2020, 
the beginning of the 2020 fishing year and the recreational fishing 
season. During the closure, the bag and possession limits for golden 
tilefish in or from the South Atlantic EEZ are zero.

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, and all that remains is to notify the public of the 
recreational closure for golden tilefish for the remainder of the 2019 
fishing year. Prior notice and opportunity for comment are contrary to 
the public interest because of the need

[[Page 27975]]

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: June 11, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2019-12755 Filed 6-12-19; 4:15 pm]
 BILLING CODE 3510-22-P