[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Rules and Regulations]
[Pages 8876-8877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02727]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RTID 0648-XA849


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2021 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 10, 2021. Therefore, NMFS closes the commercial 
longline component of golden tilefish in the South Atlantic EEZ on 
February 10, 2021, at 12:01 a.m. local time. This closure is necessary 
to protect the golden tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m. local time on 
February 10, 2021, until 12:01 a.m. local time on January 1, 2022.

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.

[[Page 8877]]

    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 golden tilefish annual catch limit (ACL) 
is allocated 75 percent to the longline component and 25 percent to the 
hook-and-line component. The total 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 this closure, 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 10, 2021. Accordingly, the commercial longline 
component of South Atlantic golden tilefish is closed effective at 
12:01 a.m. local time on February 10, 2021, and will remain closed 
until the start of the next fishing year on January 1, 2022.
    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 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. local time on February 10, 2021. 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. local time on February 10, 2021, and 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

    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)(ii), 
issued pursuant to section 304(b), and is exempt from review under 
Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the regulations associated with the 
commercial closure of the golden tilefish longline component have 
already been subject to notice and public comment, and all that remains 
is to notify the public of the commercial component closure. Prior 
notice and opportunity for public comment on this action is contrary to 
the public interest because of the need to immediately implement the 
commercial component closure to protect the South Atlantic golden 
tilefish resource. The capacity of the longline fishing fleet allows 
for rapid harvest of the commercial longline component quota, and any 
delay in the commercial closure could result in the commercial longline 
component quota being exceeded. Prior notice and opportunity for public 
comment would require time and would potentially result in a harvest 
that exceeds the commercial quota.
    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 5, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-02727 Filed 2-5-21; 4:15 pm]
BILLING CODE 3510-22-P