[Federal Register Volume 86, Number 144 (Friday, July 30, 2021)]
[Rules and Regulations]
[Page 40961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16207]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02; RTID 0648-XB269]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2021 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 sector annual catch limit (ACL) by August 1, 2021. 
Therefore, NMFS is closing the commercial sector for blueline tilefish 
in the South Atlantic EEZ on August 1, 2021, and it will remain closed 
until the start of the next fishing year on January 1, 2022. 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 1, 2021, until 12:01 a.m., eastern time, on January 1, 2022.

FOR FURTHER INFORMATION CONTACT: Rick DeVictor, 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 sector ACL 
for blueline tilefish is 117,148 lb (53,137 kg). 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 2021 fishing 
year, the commercial sector ACL for South Atlantic blueline tilefish 
will be reached by August 1, 2021. Accordingly, the commercial sector 
for South Atlantic blueline tilefish is closed effective at 12:01 a.m., 
eastern time, on August 1, 2021, until 12:01 a.m., eastern time, on 
January 1, 2022.
    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 1, 2021. During the commercial sector 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 (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

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(z)(1)(i)), which 
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, 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 
closure of the blueline tilefish commercial sector at 50 CFR 
622.193(z)(1)(i) have already been subject to notice and public 
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 sector 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 sector ACL.
    For the aforementioned reasons, the Acting Assistant Administrator 
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 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-16207 Filed 7-26-21; 4:15 pm]
BILLING CODE 3510-22-P