[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Rules and Regulations]
[Pages 21813-21814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07908]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02; RTID 0648-XB956]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Re-Opening of Commercial Longline Fishery for South Atlantic Golden
Tilefish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 21814]]
ACTION: Temporary rule; re-opening.
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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. The most recent
commercial longline landings data for golden tilefish indicate the
commercial longline annual catch limit (ACL) for the 2022 fishing year
has not yet been reached. Therefore, NMFS re-opens the commercial
longline component for golden tilefish in the South Atlantic EEZ for 6
days to allow the commercial longline ACL to be caught while minimizing
the risk of the commercial ACL being exceeded.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
April 11, 2022, until 12:01 a.m. eastern time on April 17, 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 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 the longline
component quota is reached or is projected to be reached, 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 March 16, 2022. Therefore, NMFS
published a temporary rule to close the commercial longline component
for South Atlantic golden tilefish from March 16, 2022, through the end
of the 2022 fishing year (87 FR 14419; March 15, 2022). However, a
recent landings estimation indicates that the commercial longline ACL
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 for 6 days to allow
for the commercial longline ACL to be reached. The commercial longline
component will reopen at 12:01 a.m. eastern time on April 11, 2022, and
will close at 12:01 a.m. eastern time on April 17, 2022. 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
ACL. Following the 6 day reopening, harvest for golden tilefish by the
commercial longline component will be closed for the remainder of 2022
and will open on January 1, 2023, the start of the next fishing year.
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 April 17, 2022. During the
subsequent commercial longline closure, golden tilefish may still be
commercially harvested using hook-and-line gear on a vessel with a
commercial South Atlantic Unlimited Snapper-Grouper permit without a
longline endorsement until the hook-and-line quota specified in 50 CFR
622.190(a)(2)(ii) is reached.
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 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. 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 April 17,
2022, and were held in cold storage by a dealer or processor.
Additionally, the recreational bag and possession limits and the sale
and purchase provisions of 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) and
622.190(a)(2)(iii), 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 and contrary to public interest because the
regulations associated with the commercial golden tilefish longline
component ACL and a reopening of harvest have already been subject to
notice and public comment, and all that remains is to notify the public
of the commercial longline component reopening.
For the aforementioned reasons, the Assistant Administrator for
Fisheries 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: April 8, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2022-07908 Filed 4-8-22; 4:15 pm]
BILLING CODE 3510-22-P