83 FR 12280 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 55 (March 21, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 55 (March 21, 2018)
| Page Range | 12280-12281 | |
| FR Document | 2018-05714 |
[Federal Register Volume 83, Number 55 (Wednesday, March 21, 2018)] [Rules and Regulations] [Pages 12280-12281] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05714] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257-3325-02] RIN 0648-XF971 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Golden Tilefish AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- 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 quota on March 25, 2018. Therefore, NMFS closes the commercial longline component of golden tilefish in the South Atlantic EEZ on March 25, 2018. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective 12:01 a.m., local time, March 25, 2018, until 12:01 a.m., local time, January 1, 2019. 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 authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. 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 annual catch limit (ACL) between two gear groups, as commercial quota: The longline and hook-and-line components (78 FR 23858; April 23, 2013). On January 2, 2018, NMFS published a final temporary rule to implement interim measures to reduce overfishing of golden tilefish in Federal waters of the South Atlantic (83 FR 65). As a result of the interim measures, the total ACL for golden tilefish for the 2018 fishing year is 323,000 lb (146,510 kg), gutted weight, and the commercial ACL is 313,310 lb (142,115 kg), gutted weight. The current commercial quota for the 2018 fishing year for the longline component is 234,982 lb (106,586 kg), gutted weight. The interim measures implemented through the temporary final rule are effective through July 1, 2018. NMFS is evaluating extension of the interim measures for up to an additional 186 days. 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. Based on projected landings, NMFS has determined that the commercial quota for the golden tilefish longline component in the South Atlantic will be reached on March 25, 2018. Accordingly, the commercial longline component of South Atlantic golden tilefish is closed effective 12:01 a.m., local time, March 25, 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 with golden tilefish on board must have landed and bartered, traded, or sold such golden tilefish prior to 12:01 a.m., local time, March 25, 2018. 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, March 25, 2018, 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)(v) 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)(v) 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 [[Page 12281]] 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. Dated: March 16, 2018. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-05714 Filed 3-16-18; 4:15 pm] BILLING CODE 3510-22-P
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suitability for reduction in the Fishery Conservation and Management tilefish prior to 12:01 a.m., local time,
production of a stamp. Act (Magnuson-Stevens Act) by March 25, 2018. During the commercial
(b) The 2018 Contest. In 2018 only, regulations at 50 CFR part 622. longline closure, the recreational bag
entries will also be judged on how well Amendment 18B to the FMP limit and possession limits specified in
they illustrate the theme of ‘‘celebrating established a longline endorsement 50 CFR 622.187(b)(2)(iii) and (c)(1),
our waterfowl hunting heritage.’’ program for the commercial golden respectively, apply to all harvest or
Dated: February 27, 2018. tilefish component of the snapper- possession of golden tilefish in or from
grouper fishery and allocated the the South Atlantic EEZ by a vessel with
Jason Larrabee,
commercial golden tilefish annual catch a golden tilefish longline endorsement.
Principal Deputy Assistant Secretary for Fish
limit (ACL) between two gear groups, as The sale or purchase of longline-caught
and Wildlife and Parks, exercising the
authority of the Assistant Secretary for Fish commercial quota: The longline and golden tilefish taken from the EEZ is
and Wildlife and Parks. hook-and-line components (78 FR
prohibited during the commercial
23858; April 23, 2013). On January 2,
[FR Doc. 2018–05588 Filed 3–20–18; 8:45 am] longline closure. The prohibition on
2018, NMFS published a final
BILLING CODE 4333–15–P
temporary rule to implement interim sale or purchase does not apply to the
measures to reduce overfishing of sale or purchase of longline-caught
golden tilefish in Federal waters of the golden tilefish that were harvested,
DEPARTMENT OF COMMERCE landed ashore, and sold prior to 12:01
South Atlantic (83 FR 65). As a result
of the interim measures, the total ACL a.m., local time, March 25, 2018, and
National Oceanic and Atmospheric those that were held in cold storage by
Administration for golden tilefish for the 2018 fishing
year is 323,000 lb (146,510 kg), gutted a dealer or processor. Additionally, the
weight, and the commercial ACL is recreational bag and possession limits
50 CFR Part 622 and the sale and purchase provisions of
313,310 lb (142,115 kg), gutted weight.
[Docket No. 120404257–3325–02] The current commercial quota for the the commercial closure apply to a
RIN 0648–XF971 2018 fishing year for the longline person on board a vessel with a golden
component is 234,982 lb (106,586 kg), tilefish longline endorsement, regardless
Fisheries of the Caribbean, Gulf of gutted weight. The interim measures of whether the golden tilefish are
Mexico, and South Atlantic; 2018 implemented through the temporary harvested in state or Federal waters, as
Commercial Accountability Measure final rule are effective through July 1, specified in 50 CFR 622.190(c)(1).
and Closure for South Atlantic Golden 2018. NMFS is evaluating extension of
Tilefish the interim measures for up to an Classification
AGENCY: National Marine Fisheries additional 186 days. The Regional Administrator for the
Under 50 CFR 622.193(a)(1)(ii), NMFS NMFS Southeast Region has determined
Service (NMFS), National Oceanic and
is required to close the commercial this temporary rule is necessary for the
Atmospheric Administration (NOAA),
longline component for golden tilefish conservation and management of South
Commerce.
when the longline component’s
ACTION: Temporary rule; closure. Atlantic golden tilefish and is consistent
commercial quota has been reached, or
with the Magnuson-Stevens Act and
SUMMARY: NMFS implements an is projected to be reached, by filing a
other applicable laws.
accountability measure for the notification to that effect with the Office
of the Federal Register. After the This action is taken under 50 CFR
commercial longline component for
commercial quota for the longline 622.193(a)(1)(v) and is exempt from
golden tilefish in the exclusive
component is reached or projected to be review under Executive Order 12866.
economic zone (EEZ) of the South
Atlantic. Commercial longline landings reached, golden tilefish may not be These measures are exempt from the
for golden tilefish are projected to reach commercially fished or possessed by a procedures of the Regulatory Flexibility
the longline component’s commercial vessel with a golden tilefish longline Act, because the temporary rule is
quota on March 25, 2018. Therefore, endorsement. Based on projected issued without opportunity for prior
NMFS closes the commercial longline landings, NMFS has determined that the notice and comment.
component of golden tilefish in the commercial quota for the golden tilefish This action responds to the best
South Atlantic EEZ on March 25, 2018. longline component in the South scientific information available. The
This closure is necessary to protect the Atlantic will be reached on March 25,
Assistant Administrator for NOAA
golden tilefish resource. 2018. Accordingly, the commercial
Fisheries (AA) finds that the need to
longline component of South Atlantic
DATES: This rule is effective 12:01 a.m., immediately implement this action to
golden tilefish is closed effective 12:01
local time, March 25, 2018, until 12:01 close the commercial longline
a.m., local time, March 25, 2018.
a.m., local time, January 1, 2019. During the commercial longline component for golden tilefish
FOR FURTHER INFORMATION CONTACT: closure, golden tilefish may still be constitutes good cause to waive the
Mary Vara, NMFS Southeast Regional harvested commercially using hook- requirements to provide prior notice
Office, telephone: 727–824–5305, email: and-line gear. However, a vessel with a and opportunity for public comment
mary.vara@noaa.gov. golden tilefish longline endorsement is pursuant to the authority set forth in 5
SUPPLEMENTARY INFORMATION: The not eligible to fish for or possess golden U.S.C. 553(b)(B), as such procedures for
snapper-grouper fishery of the South tilefish using hook-and-line gear under this temporary rule would be
Atlantic includes golden tilefish and is the hook-and-line commercial trip limit, unnecessary and contrary to the public
managed under the Fishery as specified in 50 CFR 622.191(a)(2)(ii). interest. Such procedures are
sradovich on DSK3GMQ082PROD with RULES
Management Plan for the Snapper- The operator of a vessel with a valid unnecessary, because the regulations at
Grouper Fishery of the South Atlantic Federal commercial vessel permit for 50 CFR 622.193(a)(1)(v) have already
Region (FMP). The FMP was prepared South Atlantic snapper-grouper and a been subject to notice and comment,
by the South Atlantic Fishery valid commercial longline endorsement and all that remains is to notify the
Management Council (Council) and is for golden tilefish with golden tilefish public of the closure. Prior notice and
implemented by NMFS under the on board must have landed and opportunity for public comment on this
authority of the Magnuson-Stevens bartered, traded, or sold such golden action are contrary to the public
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![Federal Register / Vol. 83, No. 55 / Wednesday, March 21, 2018 / Rules and Regulations 12281
interest, because there is a need to FOR FURTHER INFORMATION CONTACT: necessary for the conservation and
immediately implement this action to Nikhil Mehta, NMFS Southeast Regional management of South Atlantic black sea
protect the golden tilefish resource since Office, telephone: 727–824–5305, email: bass and is consistent with the
the capacity of the fishing fleet allows nikhil.mehta@noaa.gov. Magnuson-Stevens Act and other
for rapid harvest of the commercial SUPPLEMENTARY INFORMATION: The South applicable laws.
quota for the longline component. Prior Atlantic snapper-grouper fishery This action is taken under 50 CFR
notice and opportunity for public includes black sea bass and is managed 622.193(e)(2) and is exempt from review
comment would require time and would under the Fishery Management Plan for under Executive Order 12866.
potentially result in a harvest well in the Snapper-Grouper Fishery of the These measures are exempt from the
excess of the established commercial South Atlantic Region (FMP). The South procedures of the Regulatory Flexibility
quota for the longline component. Atlantic Fishery Management Council Act because the temporary rule is issued
For the aforementioned reasons, the prepared the FMP and the FMP is without opportunity for prior notice and
AA also finds good cause to waive the implemented by NMFS under the comment.
30-day delay in the effectiveness of this authority of the Magnuson-Stevens This action responds to the best
action under 5 U.S.C. 553(d)(3). Fishery Conservation and Management scientific information available. The
Act (Magnuson-Stevens Act) by Assistant Administrator for Fisheries,
Authority: 16 U.S.C. 1801 et seq.
regulations at 50 CFR part 622. NOAA (AA), finds that the need to
Dated: March 16, 2018. The final rule implementing immediately implement the notice of
Emily H. Menashes, Regulatory Amendment 14 to the FMP the recreational season length
Acting Director, Office of Sustainable revised the recreational fishing year for constitutes good cause to waive the
Fisheries, National Marine Fisheries Service. black sea bass to be April 1 through requirements to provide prior notice
[FR Doc. 2018–05714 Filed 3–16–18; 4:15 pm] March 31 (79 FR 66316; November 7, and opportunity for public comment
BILLING CODE 3510–22–P 2014). The final rule also revised the pursuant to the authority set forth in 5
recreational AMs for black sea bass. U.S.C. 553(b)(B), because prior notice
Prior to the April 1 start of each and opportunity for public comment on
DEPARTMENT OF COMMERCE recreational fishing year, NMFS projects this temporary rule is unnecessary.
the length of the upcoming recreational Such procedures are unnecessary,
National Oceanic and Atmospheric fishing season based on when NMFS because the rule establishing the AM
Administration projects the recreational ACL will be has already been subject to notice and
met and announces the recreational comment, and all that remains is to
50 CFR Part 622 season end date in the Federal Register notify the public of the recreational
[Docket No. 130403320–4891–02] (50 CFR 622.193(e)(2)). The purpose of season length.
this AM is to have a more predictable For the aforementioned reasons, the
RIN 0648–XG056 recreational season length while still AA also finds good cause to waive the
constraining harvest at or below the 30-day delay in the effectiveness of this
Fisheries of the Caribbean, Gulf of recreational ACL to protect the stock action under 5 U.S.C. 553(d)(3).
Mexico, and South Atlantic; Snapper- from experiencing adverse biological Authority: 16 U.S.C. 1801 et seq.
Grouper Resources of the South consequences.
Atlantic; 2018–2019 Recreational NMFS estimates that recreational Dated: March 16, 2018.
Fishing Season for Black Sea Bass landings for the 2018–2019 fishing year Emily H. Menashes,
will be less than the 2018–2019 Acting Director, Office of Sustainable
AGENCY: National Marine Fisheries Fisheries, National Marine Fisheries Service.
recreational ACL. To make this
Service (NMFS), National Oceanic and
determination, NMFS compared [FR Doc. 2018–05703 Filed 3–20–18; 8:45 am]
Atmospheric Administration (NOAA),
landings in the last 3 fishing years to the BILLING CODE 3510–22–P
Commerce.
recreational ACL for the 2018–2019
ACTION: Temporary rule; recreational black sea bass fishing year of 848,455 lb
season length. (384,853 kg), gutted weight, 1,001,177 lb DEPARTMENT OF COMMERCE
(454,126 kg), round weight. The
SUMMARY: NMFS announces that the National Oceanic and Atmospheric
recreational ACL was set through the
length of the recreational fishing season Administration
final rule for Regulatory Amendment 19
for black sea bass in the exclusive
to the FMP (78 FR 58249; September 23,
economic zone (EEZ) of the South 50 CFR Part 679
2013). Landings in each of the past 3
Atlantic will extend throughout the
fishing years have been substantially [Docket No. 170816769–8162–02]
species’ 2018–2019 fishing year.
below the 2018–2019 recreational ACL;
Announcing the length of recreational RIN 0648–XF906
therefore, recreational landings in 2018–
season for black sea bass is one of the 2019 are projected to be below the
accountability measures (AMs) for the Fisheries of the Exclusive Economic
2018–2019 recreational ACL.
recreational sector. This announcement Zone Off Alaska; Pacific Cod by Hook-
Accordingly, the recreational sector for
allows recreational fishers to maximize and-Line Catcher/Processors in the
black sea bass is not expected to close
their opportunity to harvest the Western Regulatory Area of the Gulf of
as a result of reaching its ACL, and the
recreational annual catch limit (ACL) for Alaska
season end date for recreational fishing
black sea bass during the fishing season for black sea bass in the South Atlantic AGENCY: National Marine Fisheries
sradovich on DSK3GMQ082PROD with RULES
while managing harvest to protect the EEZ south of 35°15.9′ N lat. is March 31, Service (NMFS), National Oceanic and
black sea bass resource. 2019. Atmospheric Administration (NOAA),
DATES: This rule is effective from 12:01 Commerce.
a.m., local time, April 1, 2018, until Classification
ACTION: Temporary rule; closure.
12:01 a.m., local time, April 1, 2019, The Regional Administrator,
unless changed by subsequent Southeast Region, NMFS, has SUMMARY: NMFS is prohibiting directed
notification in the Federal Register. determined this temporary rule is fishing for Pacific cod by hook-and-line
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Document Created: 2018-03-21 00:45:35
Document Modified: 2018-03-21 00:45:35
| 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, March 25, 2018, until 12:01 a.m., local time, January 1, 2019. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 12280 | |
| RIN Number | 0648-XF97 |
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