[Federal Register Volume 89, Number 152 (Wednesday, August 7, 2024)]
[Rules and Regulations]
[Pages 64397-64398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17439]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02; RTID 0648-XE157]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
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.

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SUMMARY: NMFS implements an accountability measure for blueline 
tilefish in the exclusive economic zone (EEZ) of the South Atlantic. 
NMFS estimates that commercial landings of blueline tilefish will soon 
reach the commercial annual catch limit (ACL) for the 2024 fishing 
year. Accordingly, NMFS closes the commercial sector for the harvest of 
blueline tilefish in the South Atlantic EEZ to protect the blueline 
tilefish resource from overfishing.

DATES: This temporary rule is effective from August 8, 2024, through 
December 31, 2024.

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.
    Regulations at 50 CFR 622.193(z)(1)(i) specify the commercial ACL 
and accountability measure for blueline tilefish in the South Atlantic. 
The commercial ACL is 117,148 pounds (lb) or 53,137 kilograms (kg). 
NMFS is required to close the commercial harvest of blueline tilefish 
when NMFS projects its landings will reach or have reached the 
commercial ACL. NMFS estimates that for the 2024 fishing year, 
commercial landings of blueline tilefish will reach the commercial ACL 
by August 8, 2024. Accordingly, the commercial sector for South 
Atlantic blueline tilefish is closed from August 8, 2024, through 
December 31, 2024.
    During the commercial closure, all sale or purchase of blueline 
tilefish is prohibited. Because the harvest of blueline tilefish by the 
recreational sector is also closed for the rest of 2024 (89 FR 19290, 
March 18, 2024), during this commercial closure all harvest and 
possession of blueline tilefish in or from the South Atlantic EEZ is 
also prohibited through the end of 2024. The bag and possession limits 
of zero blueline tilefish during the remainder of 2024 apply in state 
or Federal waters of the South Atlantic on a vessel for which NMFS has 
issued a valid 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.

[[Page 64398]]

    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 are 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 already stated, there is also 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 2, 2024.
Lindsay Fullenkamp,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-17439 Filed 8-2-24; 4:15 pm]
BILLING CODE 3510-22-P