[Federal Register Volume 88, Number 36 (Thursday, February 23, 2023)]
[Rules and Regulations]
[Page 11397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03755]



[[Page 11397]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02; RTID 0648-XC788]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2023 Commercial Longline Closure for Golden Tilefish in the South 
Atlantic

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 for the commercial 
longline component for golden tilefish in the exclusive economic zone 
(EEZ) of the South Atlantic. Commercial landings of golden tilefish 
harvested by longline gear are projected to reach the commercial quota 
for the longline component by February 26, 2023. Therefore, NMFS closes 
the commercial longline component of golden tilefish in the South 
Atlantic EEZ. This closure is necessary to protect the golden tilefish 
resource.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
February 26, 2023, through December 31, 2023.

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 has two components, each 
with its own quota: the longline and hook-and-line components (50 CFR 
622.190(a)(2)). The commercial annual catch limit (ACL) for golden 
tilefish is allocated 75 percent to the longline component and 25 
percent to the hook-and-line component. The total commercial ACL, which 
is equivalent to the total commercial quota, is 331,740 lb (150,475 kg) 
in gutted weight. The longline component quota is 248,805 lb (112,856 
kg) in gutted weight.
    Under 50 CFR 622.193(a)(1)(ii), NMFS is required to close the 
commercial longline component for golden tilefish when its quota has 
been reached or is projected to be reached by filing a notification to 
that effect with the Office of the Federal Register. After this 
closure, golden tilefish may not be commercially fished or possessed by 
a vessel with a golden tilefish longline endorsement. NMFS has 
determined that the commercial quota for the golden tilefish longline 
component in the South Atlantic will be reached by February 26, 2023. 
Accordingly, the commercial longline component of South Atlantic golden 
tilefish is closed effective at 12:01 a.m. eastern time on February 26, 
2023, and will remain closed until the start of the next fishing year 
on January 1, 2024.
    During the 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. 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 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 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 with golden tilefish on board 
must have landed and bartered, traded, or sold such golden tilefish 
before February 26, 2023. 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 before February 26, 2023, and 
were held in cold storage by a dealer or processor. Additionally, the 
recreational bag and possession limits and the sale and purchase 
prohibitions under 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 622.193(a)(1)(ii), 
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 closure 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 commercial longline component closure. 
Prior notice and opportunity for public comment on this action is 
contrary to the public interest because of the need to immediately 
implement the commercial component closure to protect the South 
Atlantic golden tilefish resource. The capacity of the longline fishing 
fleet allows for rapid harvest of the commercial longline component 
quota, and any delay in the commercial closure could result in the 
commercial longline component quota being exceeded. Prior notice and 
opportunity for public comment would require time and would potentially 
result in a harvest that exceeds the commercial quota.
    For the reasons stated earlier, 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: February 17, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-03755 Filed 2-17-23; 4:15 pm]
BILLING CODE 3510-22-P