[Federal Register Volume 85, Number 33 (Wednesday, February 19, 2020)]
[Rules and Regulations]
[Page 9398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03206]



[[Page 9398]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RTID 0648-XS024


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 Commercial Longline 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 by February 18, 2020. Therefore, NMFS closes the commercial 
longline component of golden tilefish in the South Atlantic EEZ on 
February 18, 2020, at 12:01 a.m. eastern time. This closure is 
necessary to protect the golden tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
February 18, 2020, until 12:01 a.m. eastern time on January 1, 2021.

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. The commercial ACL (equivalent to the 
commercial quota) is 331,740 lb (150,475 kg) gutted weight, and the 
longline component quota is 248,805 lb (112,856 kg) gutted weight.
    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 longline component quota 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 by February 
18, 2020. Accordingly, the commercial longline component of South 
Atlantic golden tilefish is closed effective at 12:01 a.m. eastern time 
on February 18, 2020, and will remain closed until the next fishing 
year that begins on January 1, 2021.
    During the commercial longline closure, golden tilefish may still 
be commercially harvested 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). 
During the commercial longline closure, the recreational bag limit and 
possession limits specified in 50 CFR 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 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. eastern time on February 18, 2020. 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. eastern time on February 18, 2020, 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 
prohibitions under 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 
FMP, 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: February 13, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-03206 Filed 2-13-20; 4:15 pm]
 BILLING CODE 3510-22-P