[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