[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35339-35340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15608]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
RIN 0648-XS003
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2019 Commercial Accountability Measure and Closure for South Atlantic
Golden Tilefish Hook-and-Line Component
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 for the commercial
hook-and-line component for golden tilefish in the exclusive economic
zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and-
line landings for golden tilefish will reach the hook-and-line
component's commercial annual catch limit (ACL) by July 20, 2019.
Therefore, NMFS closes the commercial hook-and-line component for
golden tilefish in the South Atlantic EEZ on July 23, 2019, and it will
remain closed until the start of the next fishing year on January 1,
2020. This closure is necessary to protect the golden tilefish
resource.
DATES: This rule is effective at 12:01 a.m., local time, July 23, 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.
The commercial golden tilefish sector has two components, each with
its own quota (ACL): The longline and hook-and-line components (50 CFR
622.190(a)(2)). The golden tilefish commercial ACL is allocated 75
percent to the longline component and 25 percent to the hook-and-line
component. 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 hook-and-line quota
was set at 82,935 lb (37,619 kg), gutted weight, with the remainder of
the commercial quota, 248,805 lb (112,856 kg), assigned to the longline
component.
Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the
commercial hook-and-line component for golden tilefish when the hook-
and-line component's commercial ACL (quota) has been reached, or is
projected to be reached, by filing a notification to that effect with
the Office of the Federal Register. NMFS has determined that the
commercial ACL for the golden tilefish hook-and-line component in the
South Atlantic will be reached by July 20, 2019. Accordingly, the hook-
and-line component of South Atlantic golden
[[Page 35340]]
tilefish is closed effective at 12:01 a.m., local time, July 23, 2019.
The commercial longline component for South Atlantic golden
tilefish closed on March 14, 2019, and will remain closed for the
remainder of the fishing year, until 12:01 a.m., local time, January 1,
2020 (84 FR 8997; March 13, 2019). Additionally, the recreational
sector for South Atlantic golden tilefish closed on June 17, 2019, and
will remain closed for the remainder of the fishing year, until 12:01
a.m., local time, January 1, 2020 (84 FR 27479; June 16, 2019).
Therefore, because the recreational sector and the commercial longline
component is already closed, and NMFS is closing the commercial hook-
and-line component through this temporary rule, all fishing for South
Atlantic golden tilefish in the EEZ will be closed effective at 12:01
a.m., local time, July 23, 2019, until 12:01 a.m., local time, January
1, 2020.
The operator of a vessel with a valid Federal commercial vessel
permit for South Atlantic snapper-grouper having golden tilefish on
board must have landed and bartered, traded, or sold such golden
tilefish prior to 12:01 a.m., local time, July 23, 2019. During the
closure, the harvest or possession and sale or purchase of golden
tilefish taken from the EEZ is prohibited. The prohibition on sale or
purchase does not apply to the sale or purchase of golden tilefish that
were harvested by hook-and-line, landed ashore, and sold prior to 12:01
a.m., local time, July 23, 2019, and were held in cold storage by a
dealer or processor. For a person on board a vessel for which a Federal
commercial or charter vessel/headboat permit for the South Atlantic
snapper-grouper fishery has been issued, the prohibitions on harvest or
possession and sale and purchase provisions of the commercial closure
for golden tilefish would apply regardless of whether the fish are
harvested in state or Federal waters, as specified in 50 CFR
622.190(c)(1)(ii).
Classification
The Regional Administrator, Southeast Region, NMFS, 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) 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 Fisheries, NOAA (AA), finds that the
need to immediately implement this action to close the commercial hook-
and-line 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 are unnecessary and contrary to the public interest.
Such procedures are unnecessary because the rule itself has been
subject to notice and comment, and all that remains is to notify the
public of the closure. Such procedures are contrary to the public
interest because the capacity of the fishing fleet allows for rapid
harvest of the commercial ACL for the hook-and-line component, and
there is a need to immediately implement this action to protect golden
tilefish. Prior notice and opportunity for public comment would require
time and could potentially result in a harvest well in excess of the
established commercial 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: July 18, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-15608 Filed 7-18-19; 4:15 pm]
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