82 FR 55952 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 226 (November 27, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 226 (November 27, 2017)
| Page Range | 55952-55953 | |
| FR Document | 2017-25559 |
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)] [Rules and Regulations] [Pages 55952-55953] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-25559] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257-3325-02] RIN 0648- XF854 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2017 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish Hook-and-Line Component AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures for the commercial hook-and-line component for golden tilefish in the exclusive economic zone (EEZ) of the South Atlantic. NMFS projects commercial hook-and- line landings for golden tilefish will reach the hook-and-line component's commercial annual catch limit (ACL) on November 29, 2017. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on November 29, 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 golden tilefish resource. DATES: This rule is effective 12:01 a.m., local time, November 29, 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 for Amendment 18B to the FMP (78 FR 23858). Amendment 18B to the FMP established a longline endorsement program for the commercial golden tilefish component of the snapper-grouper fishery and allocated the commercial golden tilefish ACL among two gear types, the longline and hook-and-line components. The commercial ACL (equivalent to the commercial quota) for the hook-and-line component for golden tilefish in the South Atlantic is 135, 324 lb (61,382 kg), gutted weight, for the current fishing year, January 1 through December 31, 2017, as specified in 50 CFR 622.190(a)(2)(ii). Under 50 CFR 622.193(a)(1)(i), NMFS is required to close the commercial hook-and-line component for golden tilefish when the hook- and-line component's commercial ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial ACL for the hook-and-line component for golden tilefish in the South Atlantic will be reached by November 29, 2017. Accordingly, the commercial hook-and-line component for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, November 29, 2017, until 12:01 a.m., local time, January 1, 2018. The commercial longline component for South Atlantic golden tilefish closed on May 9, 2017, for the remainder of the current fishing year, until 12:01 a.m., local time, January 1, 2018 (82 FR 21316; May 8, 2017). Therefore, because the commercial longline component is already closed, and NMFS is closing the commercial hook- and-line component through this temporary rule, all commercial fishing for South Atlantic golden tilefish is closed effective 12:01 a.m., local time, November 29, 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 golden tilefish on board must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, November 29, 2017. During the closure, the sale or purchase of golden tilefish taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of golden tilefish that were harvested by hook-and- line, landed ashore, and sold prior to 12:01 a.m., local time, November 29, 2017, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/headboat permit for the South Atlantic snapper-grouper fishery has been issued, the sale and purchase provisions of the commercial closure for golden tilefish would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c). Classification The Regional Administrator, Southeast Region, NMFS, 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)(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 Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the commercial hook- and-line 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 are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself has been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because the capacity of the fishing fleet allows for rapid harvest of the commercial ACL for the hook-and-line component, and there is a need to immediately implement this action to protect golden tilefish. Prior notice and [[Page 55953]] opportunity for public comment would require time and could potentially result in a harvest well in excess of the established commercial ACL for the hook-and-line 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. Dated: November 21, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2017-25559 Filed 11-21-17; 4:15 pm] BILLING CODE 3510-22-P
![55952 Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations
based upon the proposed action also FOR FURTHER INFORMATION CONTACT: The operator of a vessel with a valid
published on October 5, 2017 (82 FR Mary Vara, NMFS Southeast Regional Federal commercial vessel permit for
46433). Office, telephone: 727–824–5305, email: South Atlantic snapper-grouper having
mary.vara@noaa.gov. golden tilefish on board must have
List of Subjects in 40 CFR Part 52
SUPPLEMENTARY INFORMATION: The landed and bartered, traded, or sold
Environmental protection, Air snapper-grouper fishery of the South such golden tilefish prior to 12:01 a.m.,
pollution control, Best available retrofit Atlantic includes golden tilefish and is local time, November 29, 2017. During
technology, Incorporation by reference, managed under the Fishery the closure, the sale or purchase of
Intergovernmental relations, Nitrogen Management Plan for the Snapper- golden tilefish taken from the EEZ is
oxides, Particulate matter, Reporting Grouper Fishery of the South Atlantic prohibited. The prohibition on sale or
and recordkeeping requirements, Region (FMP). The FMP was prepared purchase does not apply to the sale or
Regional haze, Sulfur dioxide, by the South Atlantic Fishery purchase of golden tilefish that were
Visibility, Volatile organic compounds. Management Council and is harvested by hook-and-line, landed
Dated: November 16, 2017. implemented by NMFS under the ashore, and sold prior to 12:01 a.m.,
James B. Gulliford, authority of the Magnuson-Stevens local time, November 29, 2017, and
Fishery Conservation and Management were held in cold storage by a dealer or
Regional Administrator, Region 7.
Act (Magnuson-Stevens Act) by processor. For a person on board a
■ Accordingly, the direct final rule regulations at 50 CFR part 622. vessel for which a Federal commercial
published at 82 FR 46415, October 5, On April 23, 2013, NMFS published or charter vessel/headboat permit for the
2017, is withdrawn effective November a final rule for Amendment 18B to the South Atlantic snapper-grouper fishery
27, 2017. FMP (78 FR 23858). Amendment 18B to has been issued, the sale and purchase
[FR Doc. 2017–25428 Filed 11–24–17; 8:45 am] the FMP established a longline provisions of the commercial closure for
BILLING CODE 6560–50–P endorsement program for the golden tilefish would apply regardless
commercial golden tilefish component of whether the fish are harvested in state
of the snapper-grouper fishery and or Federal waters, as specified in 50
allocated the commercial golden tilefish CFR 622.190(c).
DEPARTMENT OF COMMERCE ACL among two gear types, the longline Classification
National Oceanic and Atmospheric and hook-and-line components.
The commercial ACL (equivalent to The Regional Administrator,
Administration Southeast Region, NMFS, has
the commercial quota) for the hook-and-
line component for golden tilefish in the determined this temporary rule is
50 CFR Part 622 necessary for the conservation and
South Atlantic is 135, 324 lb (61,382
[Docket No. 120404257–3325–02] kg), gutted weight, for the current management of South Atlantic golden
fishing year, January 1 through tilefish and is consistent with the
RIN 0648- XF854 December 31, 2017, as specified in 50 Magnuson-Stevens Act and other
CFR 622.190(a)(2)(ii). applicable laws.
Fisheries of the Caribbean, Gulf of Under 50 CFR 622.193(a)(1)(i), NMFS This action is taken under 50 CFR
Mexico, and South Atlantic; 2017 is required to close the commercial 622.193(a)(1)(i) and is exempt from
Commercial Accountability Measure hook-and-line component for golden review under Executive Order 12866.
and Closure for South Atlantic Golden tilefish when the hook-and-line These measures are exempt from the
Tilefish Hook-and-Line Component component’s commercial ACL has been procedures of the Regulatory Flexibility
reached, or is projected to be reached, Act because the temporary rule is issued
AGENCY: National Marine Fisheries by filing a notification to that effect with without opportunity for prior notice and
Service (NMFS), National Oceanic and the Office of the Federal Register. NMFS comment.
Atmospheric Administration (NOAA), has determined that the commercial This action responds to the best
Commerce. ACL for the hook-and-line component scientific information available. The
ACTION: Temporary rule; closure. for golden tilefish in the South Atlantic Assistant Administrator for Fisheries,
will be reached by November 29, 2017. NOAA (AA), finds that the need to
SUMMARY: NMFS implements Accordingly, the commercial hook-and- immediately implement this action to
accountability measures for the line component for South Atlantic close the commercial hook-and-line
commercial hook-and-line component golden tilefish is closed effective 12:01 component for golden tilefish
for golden tilefish in the exclusive a.m., local time, November 29, 2017, constitutes good cause to waive the
economic zone (EEZ) of the South until 12:01 a.m., local time, January 1, requirements to provide prior notice
Atlantic. NMFS projects commercial 2018. and opportunity for public comment
hook-and-line landings for golden The commercial longline component pursuant to the authority set forth in 5
tilefish will reach the hook-and-line for South Atlantic golden tilefish closed U.S.C. 553(b)(B), as such procedures are
component’s commercial annual catch on May 9, 2017, for the remainder of the unnecessary and contrary to the public
limit (ACL) on November 29, 2017. current fishing year, until 12:01 a.m., interest. Such procedures are
Therefore, NMFS closes the commercial local time, January 1, 2018 (82 FR unnecessary because the rule itself has
hook-and-line component for golden 21316; May 8, 2017). Therefore, because been subject to notice and comment,
tilefish in the South Atlantic EEZ on the commercial longline component is and all that remains is to notify the
November 29, 2017, and it will remain already closed, and NMFS is closing the public of the closure. Such procedures
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closed until the start of the next fishing commercial hook-and-line component are contrary to the public interest
year on January 1, 2018. This closure is through this temporary rule, all because the capacity of the fishing fleet
necessary to protect the golden tilefish commercial fishing for South Atlantic allows for rapid harvest of the
resource. golden tilefish is closed effective 12:01 commercial ACL for the hook-and-line
DATES: This rule is effective 12:01 a.m., a.m., local time, November 29, 2017, component, and there is a need to
local time, November 29, 2017, until until 12:01 a.m., local time, January 1, immediately implement this action to
12:01 a.m., local time, January 1, 2018. 2018. protect golden tilefish. Prior notice and
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![Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Rules and Regulations 55953
opportunity for public comment would prevent exceeding the 2017 Pacific § 679.20(e) and (f) apply at any time
require time and could potentially result Ocean perch total allowable catch (TAC) during a trip.
in a harvest well in excess of the in the Bering Sea subarea of the BSAI.
Classification
established commercial ACL for the DATES: Effective 1200 hrs, Alaska local
hook-and-line component. time (A.l.t.), November 21, 2017, This action responds to the best
For the aforementioned reasons, the through 2400 hrs, A.l.t., December 31, available information recently obtained
AA also finds good cause to waive the 2017. from the fishery. The Assistant
30-day delay in the effectiveness of this FOR FURTHER INFORMATION CONTACT: Josh Administrator for Fisheries, NOAA
action under 5 U.S.C. 553(d)(3). Keaton, 907–586–7228. (AA), finds good cause to waive the
Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: NMFS requirement to provide prior notice and
Dated: November 21, 2017. manages the groundfish fishery in the opportunity for public comment
Emily H. Menashes, BSAI according to the Fishery pursuant to the authority set forth at 5
Management Plan for Groundfish of the U.S.C. 553(b)(B) as such requirement is
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service. Bering Sea and Aleutian Islands impracticable and contrary to the public
Management Area (FMP) prepared by interest. This requirement is
[FR Doc. 2017–25559 Filed 11–21–17; 4:15 pm]
the North Pacific Fishery Management impracticable and contrary to the public
BILLING CODE 3510–22–P
Council under authority of the interest as it would prevent NMFS from
Magnuson-Stevens Fishery responding to the most recent fisheries
Conservation and Management Act. data in a timely fashion and would
DEPARTMENT OF COMMERCE
Regulations governing fishing by U.S. delay the directed fishing closure of
National Oceanic and Atmospheric vessels in accordance with the FMP Pacific Ocean perch in the Bering Sea
Administration appear at subpart H of 50 CFR part 600 subarea of the BSAI. NMFS was unable
and 50 CFR part 679. to publish a notice providing time for
50 CFR Part 679 The 2017 Pacific ocean perch TAC in public comment because the most
the Bering Sea subarea of the BSAI is recent, relevant data only became
[Docket No. 161020985–7181–02] 9,350 metric tons (mt) as established by available as November 14, 2017.
RIN 0648–XF851
the final 2017 and 2018 harvest The AA also finds good cause to
specifications for groundfish in the waive the 30-day delay in the effective
Fisheries of the Exclusive Economic BSAI (82 FR 11826, February 27, 2017). date of this action under 5 U.S.C.
Zone Off Alaska; Pacific Ocean Perch The Regional Administrator has 553(d)(3). This finding is based upon
in the Bering Sea Subarea of the determined that the 2017 TAC for the reasons provided above for waiver of
Bering Sea and Aleutian Islands Pacific Ocean perch in the Bering Sea prior notice and opportunity for public
Management Area subarea of the BSAI will soon be
comment.
reached. Therefore, the Regional
AGENCY: National Marine Fisheries Administrator is establishing a directed This action is required by § 679.20
Service (NMFS), National Oceanic and fishing allowance of 9,335 mt, and is and is exempt from review under
Atmospheric Administration (NOAA), setting aside the remaining 15 mt as Executive Order 12866.
Commerce. bycatch to support other anticipated Authority: 16 U.S.C. 1801 et seq.
ACTION: Temporary rule; closure. groundfish fisheries. Consequently, in
Dated: November 21, 2017.
accordance with § 679.20(d)(1)(iii),
SUMMARY: NMFS is prohibiting directed NMFS is prohibiting directed fishing for Emily H. Menashes,
fishing for Pacific ocean perch in the Pacific ocean perch in the Bering Sea Acting Director, Office of Sustainable
Bering Sea subarea of the Bering Sea subarea of the BSAI. Fisheries, National Marine Fisheries Service.
and Aleutian Islands management area After the effective date of this closure [FR Doc. 2017–25562 Filed 11–21–17; 4:15 pm]
(BSAI). This action is necessary to the maximum retainable amounts at BILLING CODE 3510–22–P
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Document Created: 2017-11-25 01:09:16
Document Modified: 2017-11-25 01:09:16
| 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, November 29, 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 55952 |
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