82 FR 31924 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measures and Closure for Blueline Tilefish in the South Atlantic Region

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range		31924-31925
FR Document		2017-14441

NMFS implements accountability measures (AMs) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blueline tilefish are projected to reach the commercial annual catch limit (ACL) by July 18, 2017. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, July 18, 2017, and it will remain closed until the start of the next fishing year on January 1, 2018. This closure is necessary to protect the blueline tilefish resource.

Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017)

[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31924-31925]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14441]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XF525


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2017 Commercial Accountability Measures and Closure for Blueline 
Tilefish in the South Atlantic Region

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

[[Page 31925]]


ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for commercial 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings for blueline tilefish are projected to 
reach the commercial annual catch limit (ACL) by July 18, 2017. 
Therefore, NMFS is closing the commercial sector for blueline tilefish 
in the South Atlantic EEZ at 12:01 a.m., local time, July 18, 2017, and 
it will remain closed until the start of the next fishing year on 
January 1, 2018. This closure is necessary to protect the blueline 
tilefish resource.

DATES: This rule is effective at 12:01 a.m., local time, July 18, 2017, 
until 12:01 a.m., local time, January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, 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 under the authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    As specified at 50 CFR 622.193(z)(1)(i), the blueline tilefish 
commercial ACL is 87,521 lb (39,699 kg), round weight.
    The blueline tilefish commercial AM requires NMFS to close the 
commercial sector for blueline tilefish when the commercial ACL is 
reached, or is projected to be reached, by filing a notification to 
that effect with the Office of the Federal Register, as specified in 50 
CFR 622.193(z)(1)(i). NMFS has projected that the commercial ACL for 
South Atlantic blueline tilefish will be reached by July 18, 2017. 
Accordingly, the commercial sector for South Atlantic blueline tilefish 
is closed effective at 12:01 a.m., local time, July 18, 2017, until 
12:01 a.m., local time, January 1, 2018.
    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 July 18, 2017. During the commercial closure, all 
sale or purchase of blueline tilefish is prohibited. The harvest or 
possession of blueline tilefish in or from the South Atlantic EEZ is 
limited to the bag and possession limits specified in 50 CFR 
622.187(b)(2) and 622.187(c)(1), respectively, while the recreational 
sector for blueline tilefish is open. These bag and possession limits 
apply in the South Atlantic on board a vessel with a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper, and apply to the harvest of blueline tilefish in both 
state and Federal waters.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of blueline tilefish and the South Atlantic snapper-grouper 
fishery and is consistent with the Magnuson-Stevens Act and other 
applicable laws.
    This action is taken under 50 CFR 622.193(z)(1)(i) 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 sector for 
blueline 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 prior notice and 
opportunity for public comment are unnecessary and contrary to the 
public interest. Such procedures are unnecessary because the 
regulations at 50 CFR 622.193(z)(1)(i) 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 are contrary 
to the public interest because there is a need to immediately implement 
this action to protect blueline tilefish, since 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 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.

    Dated: July 5, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-14441 Filed 7-10-17; 8:45 am]
BILLING CODE 3510-22-P

31924 Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

B. Paperwork Reduction Act (PRA) power and responsibilities among the 1994). As addressed in Unit II.A., this
This action does not impose any new various levels of government. action would not materially alter the
information collection burden under the requirements for labeling composite
F. Executive Order 13175: Consultation
PRA, 44 U.S.C. 3501 et seq., because it wood products and finished goods
and Coordination With Indian Tribal
does not create any new reporting or containing composite wood products as
Governments
recordkeeping obligations. OMB has TSCA Title VI compliant. Rather, the
This action does not have tribal final rule will allow TSCA Title VI
previously approved the information implications as specified in Executive
collection activities contained in the compliant products to be labeled as
Order 13175 (65 FR 67249, November 9, such earlier sooner than currently
existing regulations and has assigned 2000). This final rule will not impose
OMB control number 2070–0185 (EPA permitted.
substantial direct compliance costs on
ICR No. 2446.02). Indian tribal governments. Thus, K. Congressional Review Act (CRA)
C. Regulatory Flexibility Act (RFA) Executive Order 13175 does not apply This action is subject to the CRA and
to this action. EPA will submit a rule report to each
The Agency certifies that this action
G. Executive Order 13045: Protection of House of the Congress and to the
will not have a significant economic
Children From Environmental Health Comptroller General of the United
impact on a substantial number of small
Risks and Safety Risks States. This action is not a ‘‘major rule’’
entities under the RFA, 5 U.S.C. 601 et
as defined by 5 U.S.C. 804(2).
seq. In making this determination, the This action is not subject to Executive
impact of concern is any significant Order 13045 (62 FR 19885, April 23, List of Subjects in 40 CFR Part 770
adverse economic impact on small 1997) because it is not economically Environmental protection,
entities. An agency may certify that a significant as defined in Executive Formaldehyde, Incorporation by
rule will not have a significant Order 12866, and because EPA does not reference, Reporting and recordkeeping
economic impact on a substantial believe the environmental health or requirements, Third-party certification,
number of small entities if the rule safety risks addressed by this action Toxic substances, Wood.
relieves regulatory burden, has no net present a disproportionate risk to
burden or otherwise has a positive Dated: June 21, 2017.
children. As addressed in Unit II.A., this
economic effect on the small entities Wendy Cleland-Hamnett,
action would not materially alter the
subject to the rule. This direct final rule requirements for labeling composite Acting Assistant Administrator, Office of
will allow regulated entities to Chemical Safety and Pollution Prevention.
wood products and finished goods
voluntarily label compliant products containing composite wood products as For the reasons set out in the
prior December 12, 2017. The direct TSCA Title VI compliant. Rather, the preamble, title 40, chapter I, of the Code
final rule will ease the transition of final rule will allow TSCA Title VI of Federal Regulations is amended as
panel producers, fabricators, importers, compliant products to be labeled as follows:
distributors, and retailers from CARB such earlier sooner than currently
labeling to TSCA labeling, since under permitted. PART 770—FORMALDEHYDE
the December 12, 2016 final rule, it STANDARDS FOR COMPOSITE WOOD
would be difficult for some of them to H. Executive Order 13211: Actions PRODUCTS
time their production and inventory so Concerning Regulations That
that products that are labeled as TSCA Significantly Affect Energy Supply, ■ 1. The authority citation for part 770
compliant are available starting on but Distribution, or Use continues to read as follows:
not before the compliance date. Since This action is not a ‘‘significant Authority: 15 U.S.C. 2697(d).
early labeling is voluntary, any firms energy action’’ as defined in Executive
that do not find this activity to be § 770.45 [Amended]
Order 13211 (66 FR 28355, May 22,
beneficial can wait until December 12, 2001), because it is not likely to have a ■ 2. In § 770.45, remove paragraph (f).
2017 to begin offering labeled products significant adverse effect on the supply, [FR Doc. 2017–14513 Filed 7–10–17; 8:45 am]
for sale. EPA therefore concludes that distribution or use of energy. BILLING CODE 6560–50–P
this action will have a nominally
positive economic effect on the small I. National Technology Transfer and
entities subject to the rule. Advancement Act (NTTAA)
This rulemaking does not involve DEPARTMENT OF COMMERCE
D. Unfunded Mandates Reform Act
technical standards that would require National Oceanic and Atmospheric
(UMRA)
the consideration of voluntary Administration
This action does not contain any consensus standards pursuant to
unfunded mandate as described in NTTAA section 12(d), 15 U.S.C. 272 50 CFR Part 622
UMRA, 2 U.S.C. 1531–1538, and does note.
not significantly or uniquely affect small [Docket No. 140501394–5279–02]
governments. The action imposes no J. Executive Order 12898: Federal
enforceable duty on any state, local or Actions To Address Environmental RIN 0648–XF525
tribal governments or the private sector. Justice in Minority Populations and
Low-Income Populations Fisheries of the Caribbean, Gulf of
E. Executive Order 13132: Federalism Mexico, and South Atlantic; 2017
EPA has determined that the human Commercial Accountability Measures
mstockstill on DSK30JT082PROD with RULES

This action does not have federalism health or environmental risk addressed and Closure for Blueline Tilefish in the
implications as specified in Executive by this action will not have potential South Atlantic Region
Order 13132 (64 FR 43255, August 10, disproportionately high and adverse
1999). It will not have substantial direct human health or environmental effects AGENCY: National Marine Fisheries
effects on the states, on the relationship on minority, low-income or indigenous Service (NMFS), National Oceanic and
between the national government and populations, as specified in Executive Atmospheric Administration (NOAA),
the states, or on the distribution of Order 12898 (59 FR 7629, February 16, Commerce.

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Document Created: 2018-11-14 10:22:06
Document Modified: 2018-11-14 10:22:06

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 at 12:01 a.m., local time, July 18, 2017, until 12:01 a.m., local time, January 1, 2018.
Contact		Nikhil Mehta, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation		82 FR 31924
RIN Number		0648-XF52

82 FR 31924 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measures and Closure for Blueline Tilefish in the South Atlantic Region

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 131 (July 11, 2017)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration