[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53416-53417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18832]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02; RTID 0648-XC303]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2022 Commercial Closure for Blueline Tilefish in the South Atlantic

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

ACTION: Temporary rule; closure.

-----------------------------------------------------------------------

SUMMARY: NMFS implements an accountability measure for blueline 
tilefish in the exclusive economic zone (EEZ) of the South Atlantic. 
NMFS projects commercial landings of blueline tilefish have reached the 
commercial annual catch limit (ACL) for the 2022 fishing year. 
Therefore, NMFS is closing the commercial sector for blueline tilefish 
in the South Atlantic EEZ. This closure is necessary to protect the 
blueline tilefish resource.

DATES: This temporary rule is effective from 12:01 a.m., eastern time, 
on September 3, 2022, through December 31, 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 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 ACL for 
blueline tilefish is 117,148 lb (53,137 kg). The commercial 
accountability measure for blueline tilefish requires NMFS to close the 
commercial sector when its ACL is reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. NMFS has projected that for the 2022 fishing year, 
the commercial ACL for South Atlantic blueline tilefish

[[Page 53417]]

will be reached by September 3, 2022. Accordingly, the commercial 
sector for South Atlantic blueline tilefish is closed effective at 
12:01 a.m., eastern time, on September 3, 2022, through December 31, 
2022.
    During the commercial closure, all sale or purchase of blueline 
tilefish is prohibited. 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 September 3, 2022.
    In addition, recreational harvest for blueline tilefish closed on 
July 26, 2022, and the bag and possession limits are zero (87 FR 18739, 
March 31, 2022). Therefore, during the commercial closure for blueline 
tilefish, all harvest, possession, purchase, and sale of blueline 
tilefish in or from the South Atlantic EEZ is prohibited for the 
remainder of the 2022 fishing year. These restrictions for blueline 
tilefish apply in both state and Federal waters of the South Atlantic 
on board a vessel with a valid Federal commercial or charter vessel/
headboat permit for South Atlantic snapper-grouper [50 CFR 
622.193(z)(1)(i)].

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, because the capacity of the 
fishing fleet allows for rapid harvest of the commercial 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 ACL.
    For the reasons stated earlier, the 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: August 26, 2022.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2022-18832 Filed 8-29-22; 8:45 am]
BILLING CODE 3510-22-P