[Federal Register Volume 88, Number 65 (Wednesday, April 5, 2023)]
[Rules and Regulations]
[Pages 20079-20080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02; RTID 0648-XC895]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Re-Opening of the Commercial Longline Fishery for Golden Tilefish in 
the South Atlantic

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

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 2023 fishing year 
has not yet been reached. Therefore, NMFS re-opens the commercial 
longline component to harvest golden tilefish in the South Atlantic EEZ 
for 3 days. The purpose of this temporary rule is to allow for the 
commercial longline ACL for golden tilefish to be harvested while 
minimizing the risk of exceeding the commercial ACL.

DATES: This temporary rule is effective from 12:01 a.m. eastern time on 
April 4, 2023, until 12:01 a.m. eastern time on April 7, 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

[[Page 20080]]

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) in gutted weight, and the 
longline component quota is 248,805 lb (112,856 kg) in 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 February 26, 2023. Therefore, NMFS 
published a temporary rule to close the commercial longline component 
for South Atlantic golden tilefish from February 26, 2023, through the 
end of the 2023 fishing year (88 FR 11397, February 23, 2023). However, 
a more recent estimation of golden tilefish landings harvested by 
longline gear 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 on April 4, 2023. The 
commercial longline component will remain open for 3 days to allow for 
the commercial longline ACL to be reached. The commercial longline 
component will be closed from 12:01 a.m. eastern time on April 7, 2023, 
until January 1, 2024, the start of the next fishing year. NMFS has 
determined that this re-opening will allow an additional opportunity to 
commercially harvest the golden tilefish longline component quota while 
minimizing the risk of exceeding the commercial ACL.
    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 before 12:01 a.m. eastern time on April 7, 2023. During the 
subsequent commercial longline closure, golden tilefish may still be 
commercially harvested using hook-and-line gear while the hook-and-line 
component is open. 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). 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 12:01 a.m. eastern time on April 7, 
2023. 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 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 12:01 a.m. eastern time on April 7, 
2023, 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 622.190(a)(2)(iii) and 
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. Such procedure is unnecessary, because the 
regulations associated with the commercial longline component quota for 
golden tilefish and a re-opening to provide an opportunity for the 
quota to be harvested have already been subject to notice and public 
comment, and all that remains is to notify the public of the commercial 
longline component re-opening.
    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: March 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-07031 Filed 3-31-23; 4:15 pm]
BILLING CODE 3510-22-P