82 FR 21316 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Longline Component

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 87 (May 8, 2017)

Page Range		21316-21317
FR Document		2017-09272

NMFS implements an accountability measure for the commercial longline component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial longline landings for golden tilefish are projected to reach the longline component's commercial annual catch limit (ACL) on May 2, 2017. Therefore, to provide sufficient notice to fishermen, NMFS closes the commercial longline component for golden tilefish in the South Atlantic EEZ on May 9, 2017, and it will remain closed until the start of the next fishing year, January 1, 2018. This closure is necessary to protect the golden tilefish resource.

Federal Register, Volume 82 Issue 87 (Monday, May 8, 2017)

[Federal Register Volume 82, Number 87 (Monday, May 8, 2017)]
[Rules and Regulations]
[Pages 21316-21317]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09272]



[[Page 21316]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120404257-3325-02]
RIN 0648-XF382


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Commercial Accountability Measure and Closure for South Atlantic 
Golden Tilefish Longline Component

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 longline landings for golden 
tilefish are projected to reach the longline component's commercial 
annual catch limit (ACL) on May 2, 2017. Therefore, to provide 
sufficient notice to fishermen, NMFS closes the commercial longline 
component for golden tilefish in the South Atlantic EEZ on May 9, 2017, 
and it will remain closed until the start of the next fishing year, 
January 1, 2018. This closure is necessary to protect the golden 
tilefish resource.

DATES: This rule is effective 12:01 a.m., local time, May 9, 2017, 
until 12:01 a.m., local time, January 1, 2018.

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 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.
    On April 23, 2013, NMFS published a final rule to implement 
Amendment 18B to the FMP (78 FR 23858). Amendment 18B established a 
longline endorsement program for the commercial golden tilefish 
component of the snapper-grouper fishery and allocated the commercial 
golden tilefish ACL (equivalent to the commercial quota) between two 
gear groups: The longline and hook-and-line components as commercial 
quotas.
    The commercial quota for the longline component for golden tilefish 
in the South Atlantic is 405,971 lb (184,145 kg), gutted weight, for 
the current fishing year, January 1 through December 31, 2017, as 
specified in 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 has been reached, or is projected to be 
reached, by filing a notification to that effect with the Office of the 
Federal Register. After the commercial quota for the longline component 
is reached or projected to be reached, 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 on May 2, 2017. Accordingly, to provide sufficient notice to 
fishermen, the commercial longline component for South Atlantic golden 
tilefish is closed effective 12:01 a.m., local time, May 9, 2017, until 
12:01 a.m., local time, January 1, 2018.
    During the commercial longline closure, golden tilefish may still 
be harvested commercially using hook-and-line gear. 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 having golden tilefish on board must 
have landed and bartered, traded, or sold such golden tilefish prior to 
12:01 a.m., local time, May 9, 2017. 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 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., local time, May 9, 2017, and those that 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

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of South Atlantic golden tilefish and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(a)(1)(ii) and is exempt 
from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act, because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for NOAA Fisheries (AA) finds that the need 
to immediately implement this action to close the commercial longline 
component for golden tilefish constitutes good cause to waive the 
requirements to provide prior notice and opportunity for public comment 
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such 
procedures for this temporary rule would be unnecessary and contrary to 
the public interest. Such procedures are unnecessary, because the 
regulations at 50 CFR 622.193(a)(1)(ii) have already been subject to 
notice and comment, and all that remains is to notify the public of the 
closure. Prior notice and opportunity for public comment on this action 
are contrary to the public interest, because there is a need to 
immediately implement this action to protect the golden tilefish 
resource since the capacity of the fishing fleet allows for rapid 
harvest of the commercial quota for the longline component. Prior 
notice and opportunity for public comment would require time and would 
potentially result in a harvest well in excess of the established 
commercial quota for the longline component.
    For the aforementioned reasons, the AA 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.


[[Page 21317]]


    Dated: May 3, 2017.
Karen H. Abrams,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2017-09272 Filed 5-3-17; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations 21317

Dated: May 3, 2017. TABLE 1—2017 PACIFIC WHITING 40 percent with a 40/10 adjustment,
Karen H. Abrams, ALLOCATIONS—Continued where F–40 percent means the average
Acting Deputy Director, Office of Sustainable fishing mortality rate at which biomass
Fisheries, National Marine Fisheries Service. 2017 Pacific is at 40 percent of its estimated unfished
[FR Doc. 2017–09272 Filed 5–3–17; 4:15 pm] Sector whiting level) and allocates 73.88 percent of the
allocation TAC to the United States and 26.12
BILLING CODE 3510–22–P
(mt)
percent of the TAC to Canada (The
Catcher/Processor (C/P) Agreement, Art. III). The JMC is
DEPARTMENT OF COMMERCE Coop Program ................... 123,312 primarily responsible for developing a
Mothership Coop Program ... 87,044 TAC recommendation to the Parties
National Oceanic and Atmospheric Shorebased IFQ Program .... 152,327 (United States and Canada). The
Administration Secretary of Commerce, in consultation
Electronic Access with the Secretary of State, has the
50 CFR Part 660 authority to accept or reject this
This final rule is accessible via the
[Docket No. 161128999–7428–02] recommendation.
Internet at the Office of the Federal
RIN 0648–BG47 Register Web site at https:// Historic Catch
www.federalregister.gov. Background Coastwide Pacific whiting fishery
Magnuson-Stevens Act Provisions; information and documents are landings averaged 226,439 mt from 1966
Fisheries Off West Coast States; available at the NMFS West Coast to 2016, with a low of 89,930 mt in 1980
Pacific Coast Groundfish Fishery; Region Web site at http:// and a peak of 363,135 mt in 2005. The
Annual Specifications and www.westcoast.fisheries.noaa.gov/ coastwide catch in 2016 was 329,427 mt
Management Measures for the 2017 fisheries/management/whiting/pacific_ of a 497,500 mt coastwide TAC, the
Tribal and Non-Tribal Fisheries for whiting.html and at the Pacific Fishery highest since 2005, and 68 percent
Pacific Whiting Management Council’s Web site at higher than the catch in 2015. The 2010
http://www.pcouncil.org/. cohort (age-6 fish) was the numerically
AGENCY: National Marine Fisheries The final environmental impact
Service (NMFS), National Oceanic and dominant cohort in Canadian fishery
statement (FEIS) regarding Harvest catches in 2016, while the 2014 cohort
Atmospheric Administration (NOAA), Specifications and Management
Commerce. (age-2 fish) was the numerically
Measures for 2015–2016 and Biennial dominant cohort in U.S. fishery catches.
ACTION: Final rule. Periods Thereafter, and the Final The 2016 U.S. harvest represented 71
SUMMARY: NMFS issues this final rule Environmental Assessment for Pacific percent of its allocation and Canada
for the 2017 Pacific whiting fishery Coast Groundfish Harvest Specifications harvested 54 percent of its allocation.
under the authority of the Pacific Coast and Management Measures for 2017– In the U.S., the Makah Tribe was
Groundfish Fishery Management Plan 2018 and Amendment 27 to the Pacific initially allocated 64,322 mt Pacific
(FMP), the Magnuson-Stevens Fishery Coast Groundfish Fishery Management whiting for 2016, of which 34,000 mt
Conservation and Management Act Plan, are available on the NMFS West was reallocated inseason to non-Tribal
(Magnuson-Stevens Act), and the Pacific Coast Region Web site at: sectors on September 15, 2016 (82 FR
Whiting Act of 2006. This final rule www.westcoast.fisheries.noaa.gov/ 12922). The Makah tribe caught
announces the 2017 U.S. Total publications/nepa/groundfish/ approximately 2,500 mt of Pacific
Allowable Catch (TAC) of 441,433 groundfish_nepa_documents.html and whiting in 2016. The U.S. non-tribal
metric tons (mt) of Pacific whiting, copies are available from Chuck Tracy, sectors catch compared to their final
establishes a set-aside for research and Executive Director, Pacific Fishery allocations were: Catcher-Processor:
bycatch of 1,500 mt, and announces Management Council (Council), 7700 108,786 of 114,149 mt; Mothership:
Pacific whiting allocations shown in NE. Ambassador Place, Portland, OR 65,035 of 80,575 mt; and Shorebased:
Table 1 (see SUPPLEMENTARY 97220, phone: 503–820–2280. 85,293 of 141,007 mt.
INFORMATION) to the tribal and non-tribal Background 2017 Pacific Whiting Stock Assessment
fisheries for 2017. This rule will ensure This final rule announces the TAC for
that the 2017 Pacific whiting fishery is The JTC prepared the stock
Pacific whiting, which was determined assessment document ‘‘Status of Pacific
managed in accordance with the goals under the terms of the Agreement with
and objectives of the Magnuson-Stevens hake (whiting) stock in U.S. and
Canada on Pacific Hake/Whiting (the Canadian waters in 2017,’’ dated
Act, the FMP, the Pacific Whiting Act of Agreement) and the Pacific Whiting Act
2006, and other applicable laws. February 22, 2017. This assessment
of 2006 (the Whiting Act), 16 U.S.C. presents a model that depends primarily
DATES: Effective May 8, 2017. 7001–7010. The Agreement and the upon an acoustic survey biomass index
FOR FURTHER INFORMATION CONTACT: Whiting Act establish bilateral bodies to and on catches of the transboundary
Miako Ushio (West Coast Region, implement the terms of the Agreement, Pacific whiting stock to estimate the
NMFS), phone: 206–526–4644, and each with various responsibilities, biomass of the current stock. The most
email: Miako.Ushio@noaa.gov. including: The Joint Management recent survey was conducted in 2015.
SUPPLEMENTARY INFORMATION: Committee (JMC), which is the decision- As with past surveys, it was conducted
making body; the Joint Technical collaboratively between the Department
asabaliauskas on DSK3SPTVN1PROD with RULES

TABLE 1—2017 PACIFIC WHITING Committee (JTC), which conducts the of Fisheries and Oceans Canada and
ALLOCATIONS stock assessment; the Scientific Review NMFS.
Group (SRG), which reviews the stock The stock is currently estimated to be
2017 Pacific assessment; and the Advisory Panel at its highest level since the 1980s as a
whiting (AP), which provides stakeholder input result of large 2010 and 2014 cohorts.
Sector allocation
(mt) to the JMC (The Agreement, Art. II; 16 The female spawning biomass estimate
U.S.C. 7001–7005). The Agreement is above 2 million mt, an estimated 89
Tribal ..................................... 77,251 establishes a default harvest policy (F– percent of the unfished levels. As with

VerDate Sep<11>2014 14:41 May 05, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\08MYR1.SGM 08MYR1

Document Created: 2017-05-06 02:21:54
Document Modified: 2017-05-06 02:21:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary rule; closure.
Dates		This rule is effective 12:01 a.m., local time, May 9, 2017, until 12:01 a.m., local time, January 1, 2018.
Contact		Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		82 FR 21316
RIN Number		0648-XF38

82 FR 21316 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Longline Component

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 87 (May 8, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration