[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Rules and Regulations]
[Page 47304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17111]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02; RTID 0648-XS034]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 Commercial Accountability Measure and Closure for South Atlantic 
Blueline 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 (AM) for commercial 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings of blueline tilefish are projected to 
reach the commercial annual catch limit (ACL) by August 11, 2020. 
Therefore, NMFS is closing the commercial sector for blueline tilefish 
in the South Atlantic EEZ on August 11, 2020, and it will remain closed 
until the start of the next fishing year on January 1, 2021. This 
closure is necessary to protect the blueline tilefish resource.

DATES: This temporary rule is effective at 12:01 a.m., eastern time, on 
August 11, 2020, until 12:01 a.m., eastern time, on January 1, 2021.

FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes blueline tilefish and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The South Atlantic Fishery Management Council and NMFS 
prepared the FMP, and the FMP 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 round weight.
    As specified at 50 CFR 622.193(z)(1)(i), the commercial ACL for 
blueline tilefish is 87,521 lb (39,699 kg). However, NMFS recently 
published a final rule that increases the commercial ACL for blueline 
tilefish to 117,148 lb (53,137 kg) (85 FR 43145, July 16, 2020). That 
final rule becomes effective on August 17, 2020.
    The commercial AM for blueline tilefish requires NMFS to close the 
commercial sector when the its ACL is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register (50 CFR 622.193(z)(1)(i)). NMFS has projected that for 
the 2020 fishing year, the current and pending new commercial ACLs for 
South Atlantic blueline tilefish will be reached by August 11, 2020. 
Accordingly, the commercial sector for South Atlantic blueline tilefish 
is closed effective at 12:01 a.m., eastern time, on August 11, 2020, 
until 12:01 a.m., eastern time, on January 1, 2021.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper having blueline tilefish on 
board must have landed and bartered, traded, or sold such blueline 
tilefish prior to August 11, 2020. During the commercial closure, all 
sale or purchase of blueline tilefish is prohibited. The harvest or 
possession of blueline tilefish in or from the South Atlantic EEZ is 
limited to the recreational bag and possession limits specified in 50 
CFR 622.187(b)(2) and 622.187(c)(1), respectively, while the 
recreational sector for blueline tilefish is open. These bag and 
possession limits apply in the South Atlantic on board a vessel with a 
valid Federal commercial or charter vessel/headboat permit for South 
Atlantic snapper-grouper, and apply to the harvest of blueline tilefish 
in both state and Federal waters.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of blueline tilefish and the South Atlantic snapper-grouper 
fishery and is consistent with the FMP, the Magnuson-Stevens Act, and 
other applicable laws.
    This action is taken under 50 CFR 622.193(z)(1)(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 Assistant Administrator for NOAA Fisheries (AA) finds that the need 
to immediately implement this action to close the commercial sector for 
blueline 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 prior notice and 
opportunity for public comment are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.193(z)(1)(i) 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 are contrary 
to the public interest because there is a need to immediately implement 
this action to protect blueline tilefish, since the capacity of the 
fishing fleet allows for rapid harvest of the commercial ACL. Prior 
notice and opportunity for public comment would require time and would 
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 31, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-17111 Filed 7-31-20; 4:15 pm]
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