[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Rules and Regulations]
[Pages 44219-44220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02; RTID 0648-XA292]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 Commercial Hook-and-Line 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 
hook-and-line component of golden tilefish in the South Atlantic 
exclusive economic zone (EEZ). NMFS projects that commercial hook-and-
line landings for golden tilefish will reach the commercial quota for 
the hook-and-line component by July 23, 2020. Therefore, NMFS closes 
the commercial hook-and-line component for golden tilefish in the South 
Atlantic EEZ on July 23, 2020. This closure is necessary to protect the 
golden tilefish resource.

DATES: This temporary rule is effective at 12:01 a.m., eastern time, on 
July 23, 2020, until 12:01 a.m., eastern time, on January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 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 NMFS, 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. All 
weights in this temporary rule are given in gutted weight.
    The commercial sector for golden tilefish has two components, each 
with its own quota: The hook-and-line and longline components (50 CFR 
622.190(a)(2)). The golden tilefish commercial annual catch limit (ACL) 
is allocated 25 percent to the hook-and-line component and 75 percent 
to the longline component. The total commercial ACL (equivalent to the 
commercial quota) for golden tilefish is 331,740 lb (150,475 kg), and 
the hook-and-line component ACL is 82,935 lb (37,619 kg).
    Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the 
commercial hook-and-line component for golden tilefish when its 
commercial ACL has been reached, or is projected to be reached, by 
filing such a notification 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 
23, 2020. Accordingly, the commercial hook-and-line component of South 
Atlantic golden tilefish is closed effective at 12:01 a.m., eastern 
time, on July 23, 2020.
    The commercial longline component for South Atlantic golden 
tilefish also closed on March 23, 2020, and will remain closed for the 
remainder of the current fishing year, through December 31, 2020 (85 FR 
14602, March 13, 2020). Therefore, because the commercial longline 
component is already closed,

[[Page 44220]]

and NMFS is closing the commercial hook-and-line component through this 
temporary rule, all harvest of South Atlantic golden tilefish in the 
EEZ is limited to the recreational bag and possession limits specified 
in 50 CFR 622.187(b)(2)(iii) and (c)(1) as long as the recreational 
sector is open.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having golden tilefish on 
board harvested by hook-and-line must have landed and bartered, traded, 
or sold such golden tilefish prior to 12:01 a.m., eastern time, on July 
23, 2020. During the closure, the 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., eastern time, on July 23, 2020, 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 sale and purchase 
provisions of the commercial closure for golden tilefish apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.190(c)(1)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(a)(1), which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 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 16, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-15823 Filed 7-17-20; 4:15 pm]
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