[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Rules and Regulations]
[Pages 14549-14550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05463]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02; RTID 0648-XA921]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2021 Re-Opening and Subsequent Closure of the Commercial Longline 
Fishery for South Atlantic Golden Tilefish

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; re-opening and subsequent closure.

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SUMMARY: NMFS announces the re-opening of the commercial longline 
component for golden tilefish in the exclusive economic zone (EEZ) of 
the South Atlantic through this temporary rule. NMFS closed the 
commercial longline component on February 10, 2021; however, subsequent 
commercial longline landings data for golden tilefish indicate the 
commercial longline annual catch limit (ACL) for the 2021 fishing year 
has not yet been reached. Therefore, NMFS re-opens the commercial 
longline component for golden tilefish in the South Atlantic EEZ for 11 
days beginning on March 20, 2021, to allow the commercial longline ACL 
to be harvested. After the 11 days, NMFS closes the commercial longline 
component to protect the golden tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
March 20, 2021, until 12:01 a.m. eastern 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.
    The commercial sector for golden tilefish comprises the longline 
and hook-and-line components. The commercial golden tilefish 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 of that ACL is 248,805 lb (112,856 kg) gutted 
weight (50 CFR 622.190(a)(2)(iii)).
    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 specified under 50 CFR 622.190(a)(2)(iii) 
is reached or is projected to be reached by filing a notification to 
that effect with the Office of the Federal Register. After that 
closure, golden tilefish may not be commercially fished or possessed by 
a vessel with a golden tilefish longline endorsement. NMFS previously 
determined that the commercial quota for the golden tilefish longline 
component in the South Atlantic would be reached by February 10, 2021. 
Therefore, NMFS published a temporary rule to close the commercial 
longline component for South Atlantic golden tilefish from February 10, 
2021, through the end of the 2021 fishing year (86 FR 8876; February 
10, 2021). However, subsequent data indicate that the commercial 
longline quota for golden tilefish has not been met.
    In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the 
commercial longline component for golden tilefish on March 20, 2021. 
The commercial longline component will remain open for 11 days to allow 
for the commercial longline quota to be reached. The commercial 
longline component for golden tilefish will be closed from 12:01 a.m. 
eastern time on March 31, 2021, until January 1, 2022, the start of the 
next fishing year. NMFS has determined that this re-opening will allow 
for an additional opportunity to commercially harvest the golden 
tilefish longline component quota while minimizing the risk of 
exceeding the commercial sector's ACL.
    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 having golden tilefish on 
board must have landed and bartered, traded, or sold such golden 
tilefish prior to 12:01 a.m. eastern time on March 31, 2021. During the 
subsequent commercial longline closure, golden tilefish may still be 
commercially harvested using hook-and-line gear while the hook-and-line 
component is open. However, a vessel with a golden tilefish longline 
endorsement is not eligible to fish for or possess golden tilefish 
using hook-and-

[[Page 14550]]

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, as specified in 50 CFR 622.190(c)(1). 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 March 31, 2021, and were held in cold 
storage by a dealer or processor. Additionally, the recreational bag 
and possession limits and the prohibition on sale and purchase during 
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 622.8(c), 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 re-opening 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 re-opening. Such procedures are contrary 
to the public interest because of the need to immediately implement the 
reopening to allow the longline component of the golden tilefish 
commercial sector the opportunity to maximize their allowed harvest of 
golden tilefish and to achieve optimum yield in this fishery. Such 
procedures also are contrary to the public interest because of the need 
to implement the closure and protect the golden tilefish resource and 
minimize the risk of exceeding the sector's ACL.
    For the aforementioned reasons, the Acting Assistant Administrator 
for NMFS 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: March 11, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-05463 Filed 3-12-21; 4:15 pm]
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