[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]
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