83_FR_28505 83 FR 28387 - Snapper-Grouper Fishery of the South Atlantic Region; Temporary Measures to Reduce Overfishing of Golden Tilefish

83 FR 28387 - Snapper-Grouper Fishery of the South Atlantic Region; Temporary Measures to Reduce Overfishing of Golden Tilefish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range28387-28388
FR Document2018-13120

NMFS issues this temporary rule to extend the expiration date of interim measures to reduce overfishing of golden tilefish in Federal waters of the South Atlantic implemented by a temporary rule published by NMFS on January 2, 2018. This temporary rule extends the reduced total annual catch limit (ACL), commercial and recreational sector ACLs, and quotas for the hook-and-line and longline components of the commercial sector for an additional 186 days. The purpose of this temporary rule extension is to reduce overfishing of golden tilefish while the South Atlantic Fishery Management Council (Council) develops management measures to end overfishing of golden tilefish on a permanent basis.

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018) 
[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Rules and Regulations]
[Pages 28387-28388]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13120]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 170828813-7999-02]
RIN 0648-BH15


Snapper-Grouper Fishery of the South Atlantic Region; Temporary 
Measures to Reduce Overfishing of Golden Tilefish

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

ACTION: Temporary rule; interim measures extended.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this temporary rule to extend the expiration date 
of interim measures to reduce overfishing of golden tilefish in Federal 
waters of the South Atlantic implemented by a temporary rule published 
by NMFS on January 2, 2018. This temporary rule extends the reduced 
total annual catch limit (ACL), commercial and recreational sector 
ACLs, and quotas for the hook-and-line and longline components of the 
commercial sector for an additional 186 days. The purpose of this 
temporary rule extension is to reduce overfishing of golden tilefish 
while the South Atlantic Fishery Management Council (Council) develops 
management measures to end overfishing of golden tilefish on a 
permanent basis.

DATES: The expiration date for the final temporary rule published at 83 
FR 65 on January 2, 2018, is extended through January 3, 2019, unless 
NMFS publishes a superseding document in the Federal Register.

ADDRESSES: Electronic copies of the environmental assessment (EA) 
supporting these interim measures may be obtained from the Southeast 
Regional Office website at http://sero.nmfs.noaa.gov/sustainable_fisheries/s_atl/sg/2017/golden_tilefish_interim/index.html. 
The EA includes a Regulatory Flexibility Act (RFA) analysis.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, or email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery in the South 
Atlantic region includes golden tilefish and is managed under the 
Fishery Management Plan for Snapper-Grouper Fishery of the South 
Atlantic Region (FMP). The FMP was prepared by the Council and is 
implemented by NMFS through regulations at 50 CFR part 622 under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).
    On January 2, 2018, NMFS published the final temporary rule to 
implement interim measures to reduce overfishing of golden tilefish in 
South Atlantic Federal waters (83 FR 65). The final temporary rule 
reduced the total ACL for golden tilefish to 323,000 lb (146,510 kg), 
gutted weight, 361,760 lb (164,092 kg), round weight. In addition, the 
final temporary rule reduced the commercial and recreational sector 
ACLs and component commercial quotas, using the existing sector 
allocations, and the quotas for the hook-and-line and longline 
components of the commercial sector. Therefore, during the 
effectiveness of the final temporary rule and this temporary rule 
extension, the commercial ACL is 313,310 lb (142,115 kg), gutted 
weight; the commercial quota for the hook-and-line component is 78,328 
lb (35,529 kg), gutted weight; and the commercial quota for the 
longline component is 234,982 lb (106,586 kg), gutted weight. The 
recreational ACL during the effectiveness of the final temporary rule 
and this temporary rule extension is 2,187 fish, which is equivalent to 
9,690 lb (4,395 kg), gutted weight. This temporary rule extension 
continues the measures in the final temporary rule unchanged for an 
additional 186 days, unless this temporary rule extension is superseded 
by subsequent rulemaking. The purpose of these interim measures is to 
reduce the overfishing of golden tilefish in South Atlantic Federal 
waters, while long-term management measures are developed and 
implemented through Regulatory Amendment 28 to the FMP. The January 2, 
2018, final temporary rule stated that long-term management measures 
would be developed through Amendment 45 to the FMP. The Council 
subsequently determined that an FMP amendment was not required, and 
that the same management measures could be developed and implemented 
using the existing FMP framework procedures. Regulatory Amendment 28 
will include management measures to end overfishing of golden tilefish 
on a long-term basis.
    Regulatory Amendment 28 is scheduled to be approved by the Council 
at their June 2018 meeting and implemented prior to the expiration of 
the interim measures in this temporary rule extension in the 2019 
fishing year, which begins on January 1, 2019.

[[Page 28388]]

    Section 305(c)(2) of the Magnuson-Stevens Act provides the Council 
the authority to request interim measures, if necessary, to reduce 
overfishing. The Council sent a letter to NMFS, dated June 27, 2017, to 
request that NMFS implement interim measures to immediately reduce 
overfishing of golden tilefish while long-term management measures are 
developed to end overfishing of golden tilefish. Section 305(c)(3)(B) 
of the Magnuson-Stevens Act allows for interim measures to be extended 
for one additional period of 186 days provided that the public has had 
an opportunity to comment on the interim measures and that the Council 
is actively preparing an FMP amendment to address the overfishing on a 
permanent basis. NMFS published a proposed temporary rule on October 
30, 2017, and requested public comments on these interim measures (82 
FR 50101). NMFS responded to public comments in the final temporary 
rule published on January 2, 2018 (83 FR 65).

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined that the interim measures extended through this temporary 
rule are necessary for the conservation and management of the South 
Atlantic golden tilefish stock, until long-term measures are 
implemented, and are consistent with the FMP, the Magnuson-Stevens Act 
and other applicable laws.
    This temporary rule extension has been determined to be not 
significant for purposes of Executive Order 12866.
    This temporary rule extension is exempt from the procedures of the 
RFA, because the rule is issued without the opportunity for prior 
notice and public comment.
    NMFS prepared an EA for the interim measures contained in the 
January 2, 2018, final temporary rule (83 FR 65). The EA analyzed the 
impacts of reduced harvest through the 2018 fishing year, which 
includes the impacts related to extending the interim measures. 
Therefore, the impacts of extending the interim measures through this 
temporary rule have already been considered. Electronic copies of the 
EA are available from NMFS (see ADDRESSES).
    This temporary rule extension responds to the best scientific 
information available. The Assistant Administrator for NOAA Fisheries 
(AA) finds that the need to immediately implement this action 
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 extension are unnecessary and contrary to the public interest. 
Such procedures are unnecessary because NMFS already published a 
proposed temporary rule on October 30, 2017, and requested public 
comments on these interim measures, including their potential extension 
(82 FR 50101). NMFS responded to public comments in the final temporary 
rule published on January 2, 2018 (83 FR 65). This temporary rule 
extension continues the interim measures unchanged for an additional 
186 days.
    Prior notice and opportunity for public comment are contrary to the 
public interest because of the need to continue these interim measures 
without interruption to protect the golden tilefish stock until the 
Council and NMFS can prepare and possibly implement management measures 
under Regulatory Amendment 28 to end overfishing of golden tilefish on 
a permanent basis. Prior notice and opportunity for public comment 
would require time and could result in an interruption of the interim 
measures and, therefore, allow harvest in excess of ACLs and quotas 
implemented by this temporary rule extension, which would contribute to 
overfishing of golden tilefish. Allowing overfishing of golden tilefish 
to continue would be contrary to National Standard 1 of the Magnuson-
Stevens Act. National Standard 1 requires NMFS to conserve and manage 
ocean resources to prevent overfishing, while achieving the optimum 
yield from each fishery.
    The AA also finds good cause to waive the 30-day delay in this 
temporary rule extension's effectiveness, pursuant to the authority set 
forth in 5 U.S.C. 553(d)(3) as such procedure for this temporary rule 
extension is impracticable and contrary to the public interest. A delay 
in effectiveness is impracticable, because it would contribute to 
overfishing of golden tilefish, which is contrary to National Standard 
1 of the Magnuson-Stevens Act as stated previously. Without this 
temporary rule extension becoming effective immediately after the 
duration of and without interruption from the final temporary rule, 
which would end after July 1, 2018, the commercial and recreational 
sectors would be able to harvest golden tilefish under higher ACLs and 
quotas than those implemented by the final temporary rule and continued 
through this temporary rule extension. These harvests could result in 
further overfishing of golden tilefish, contrary to NMFS' statutory 
obligations. By implementing this temporary rule extension immediately, 
the total harvest of golden tilefish would be reduced until the Council 
and NMFS can prepare and possibly implement management measures under 
Regulatory Amendment 28 to end overfishing of golden tilefish on a 
permanent basis.
    In addition, delaying the effectiveness of this final temporary 
rule for 30 days is contrary to the public interest because of the need 
to immediately implement this action to protect golden tilefish. The 
capacity of the fishing fleet allows for rapid harvest of the ACL. 
Delaying the effectiveness of this temporary rule extension would 
require time and could potentially result in a harvest in excess of the 
reduced ACLs implemented by this temporary rule extension, increasing 
the likelihood of future overfishing and more restrictive measures to 
address it.
    Accordingly, the 30-day delay in effectiveness of the measures 
contained in this temporary rule extension is waived.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: June 14, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-13120 Filed 6-18-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations 28387 paragraphs (c)(1) through (11) to read as DEPARTMENT OF COMMERCE (FMP). The FMP was prepared by the follows: Council and is implemented by NMFS National Oceanic and Atmospheric through regulations at 50 CFR part 622 1852.245–71 Installation-accountable Administration under authority of the Magnuson- Government Property. Stevens Fishery Conservation and * * * * * 50 CFR Part 622 Management Act (Magnuson-Stevens [Docket No. 170828813–7999–02] Act). INSTALLATION—ACCOUNTABLE On January 2, 2018, NMFS published GOVERNMENT PROPERTY (JUN 2018) RIN 0648–BH15 the final temporary rule to implement * * * * * interim measures to reduce overfishing (c) * * * Snapper-Grouper Fishery of the South of golden tilefish in South Atlantic l(1) Office space, work area space, and Atlantic Region; Temporary Measures Federal waters (83 FR 65). The final utilities. Government telephones are to Reduce Overfishing of Golden temporary rule reduced the total ACL available for official purposes only. Tilefish for golden tilefish to 323,000 lb (146,510 l(2) Office furniture. kg), gutted weight, 361,760 lb (164,092 l(3) Property listed in [Insert attachment AGENCY: National Marine Fisheries kg), round weight. In addition, the final number or ‘‘not applicable’’ if no equipment Service (NMFS), National Oceanic and temporary rule reduced the commercial is provided]. Atmospheric Administration (NOAA), and recreational sector ACLs and (i) If the Contractor acquires property, title Commerce. component commercial quotas, using to which vests in the Government pursuant ACTION: Temporary rule; interim the existing sector allocations, and the to other provisions of this contract, this measures extended. quotas for the hook-and-line and property also shall become accountable to the longline components of the commercial Government upon its entry into Government SUMMARY: NMFS issues this temporary sector. Therefore, during the records. rule to extend the expiration date of effectiveness of the final temporary rule (ii) The Contractor shall not bring to the interim measures to reduce overfishing and this temporary rule extension, the installation for use under this contract any of golden tilefish in Federal waters of commercial ACL is 313,310 lb (142,115 property owned or leased by the Contractor, the South Atlantic implemented by a kg), gutted weight; the commercial or other property that the Contractor is temporary rule published by NMFS on quota for the hook-and-line component accountable for under any other Government January 2, 2018. This temporary rule is 78,328 lb (35,529 kg), gutted weight; contract, without the Contracting Officer’s extends the reduced total annual catch and the commercial quota for the prior written approval. limit (ACL), commercial and longline component is 234,982 lb l(4) Supplies from stores stock. recreational sector ACLs, and quotas for (106,586 kg), gutted weight. The l(5) Publications and blank forms stocked the hook-and-line and longline recreational ACL during the by the installation. components of the commercial sector effectiveness of the final temporary rule l(6) Safety and fire protection for for an additional 186 days. The purpose and this temporary rule extension is Contractor personnel and facilities. of this temporary rule extension is to 2,187 fish, which is equivalent to 9,690 l(7) Installation service facilities: [Insert reduce overfishing of golden tilefish lb (4,395 kg), gutted weight. This the name of the facilities or ‘‘none’’]. while the South Atlantic Fishery temporary rule extension continues the l(8) Medical treatment of a first-aid nature Management Council (Council) measures in the final temporary rule for Contractor personnel injuries or illnesses develops management measures to end unchanged for an additional 186 days, sustained during on-site duty. overfishing of golden tilefish on a unless this temporary rule extension is l(9) Cafeteria privileges for Contractor permanent basis. superseded by subsequent rulemaking. employees during normal operating hours. DATES: The expiration date for the final The purpose of these interim measures l(10) Building maintenance for facilities temporary rule published at 83 FR 65 on is to reduce the overfishing of golden occupied by Contractor personnel. January 2, 2018, is extended through tilefish in South Atlantic Federal l(11) Moving and hauling for office January 3, 2019, unless NMFS publishes waters, while long-term management moves, movement of large equipment, and a superseding document in the Federal measures are developed and delivery of supplies. Moving services may be Register. implemented through Regulatory provided on-site, as approved by the Contracting Officer. ADDRESSES: Electronic copies of the Amendment 28 to the FMP. The January environmental assessment (EA) 2, 2018, final temporary rule stated that * * * * * long-term management measures would supporting these interim measures may 1852.247–71 [Amended] be obtained from the Southeast Regional be developed through Amendment 45 to Office website at http:// the FMP. The Council subsequently ■ 10. Amend section 1852.247–71 by— sero.nmfs.noaa.gov/sustainable_ determined that an FMP amendment fisheries/s_atl/sg/2017/golden_tilefish_ was not required, and that the same ■ a. In the clause heading, removing interim/index.html. The EA includes a management measures could be ‘‘(JUL 2015)’’ and adding ‘‘(JUN 2018)’’ Regulatory Flexibility Act (RFA) developed and implemented using the in its place; and existing FMP framework procedures. analysis. ■ b. Removing from paragraph (a) Regulatory Amendment 28 will include ‘‘Mammals’’ and adding ‘‘Mammal’’ in FOR FURTHER INFORMATION CONTACT: management measures to end its place. Mary Vara, NMFS Southeast Regional overfishing of golden tilefish on a long- Office, telephone: 727–824–5305, or term basis. [FR Doc. 2018–13088 Filed 6–18–18; 8:45 a.m.] email: mary.vara@noaa.gov. daltland on DSKBBV9HB2PROD with RULES Regulatory Amendment 28 is BILLING CODE 7510–13–P SUPPLEMENTARY INFORMATION: The scheduled to be approved by the snapper-grouper fishery in the South Council at their June 2018 meeting and Atlantic region includes golden tilefish implemented prior to the expiration of and is managed under the Fishery the interim measures in this temporary Management Plan for Snapper-Grouper rule extension in the 2019 fishing year, Fishery of the South Atlantic Region which begins on January 1, 2019. VerDate Sep<11>2014 20:20 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1

28388 Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Rules and Regulations Section 305(c)(2) of the Magnuson- authority set forth in 5 U.S.C. 553(b)(B), implementing this temporary rule Stevens Act provides the Council the as such procedures for this temporary extension immediately, the total harvest authority to request interim measures, if rule extension are unnecessary and of golden tilefish would be reduced necessary, to reduce overfishing. The contrary to the public interest. Such until the Council and NMFS can Council sent a letter to NMFS, dated procedures are unnecessary because prepare and possibly implement June 27, 2017, to request that NMFS NMFS already published a proposed management measures under Regulatory implement interim measures to temporary rule on October 30, 2017, and Amendment 28 to end overfishing of immediately reduce overfishing of requested public comments on these golden tilefish on a permanent basis. golden tilefish while long-term interim measures, including their In addition, delaying the effectiveness management measures are developed to potential extension (82 FR 50101). of this final temporary rule for 30 days end overfishing of golden tilefish. NMFS responded to public comments in is contrary to the public interest because Section 305(c)(3)(B) of the Magnuson- the final temporary rule published on of the need to immediately implement Stevens Act allows for interim measures January 2, 2018 (83 FR 65). This this action to protect golden tilefish. to be extended for one additional period temporary rule extension continues the The capacity of the fishing fleet allows of 186 days provided that the public has interim measures unchanged for an for rapid harvest of the ACL. Delaying had an opportunity to comment on the additional 186 days. the effectiveness of this temporary rule interim measures and that the Council Prior notice and opportunity for extension would require time and could is actively preparing an FMP public comment are contrary to the potentially result in a harvest in excess amendment to address the overfishing public interest because of the need to of the reduced ACLs implemented by on a permanent basis. NMFS published continue these interim measures this temporary rule extension, a proposed temporary rule on October without interruption to protect the increasing the likelihood of future 30, 2017, and requested public golden tilefish stock until the Council overfishing and more restrictive comments on these interim measures and NMFS can prepare and possibly measures to address it. (82 FR 50101). NMFS responded to implement management measures under Accordingly, the 30-day delay in public comments in the final temporary Regulatory Amendment 28 to end effectiveness of the measures contained rule published on January 2, 2018 (83 overfishing of golden tilefish on a in this temporary rule extension is FR 65). permanent basis. Prior notice and waived. opportunity for public comment would Classification Authority: 16 U.S.C. 1801 et seq. require time and could result in an The Regional Administrator for the interruption of the interim measures Dated: June 14, 2018. NMFS Southeast Region has determined and, therefore, allow harvest in excess Samuel D. Rauch, III, that the interim measures extended of ACLs and quotas implemented by Deputy Assistant Administrator for through this temporary rule are this temporary rule extension, which Regulatory Programs, National Marine necessary for the conservation and would contribute to overfishing of Fisheries Service. management of the South Atlantic golden tilefish. Allowing overfishing of [FR Doc. 2018–13120 Filed 6–18–18; 8:45 am] golden tilefish stock, until long-term golden tilefish to continue would be BILLING CODE 3510–22–P measures are implemented, and are contrary to National Standard 1 of the consistent with the FMP, the Magnuson- Magnuson-Stevens Act. National Stevens Act and other applicable laws. Standard 1 requires NMFS to conserve DEPARTMENT OF COMMERCE This temporary rule extension has and manage ocean resources to prevent been determined to be not significant for overfishing, while achieving the National Oceanic and Atmospheric purposes of Executive Order 12866. optimum yield from each fishery. Administration This temporary rule extension is The AA also finds good cause to exempt from the procedures of the RFA, waive the 30-day delay in this 50 CFR Part 648 because the rule is issued without the temporary rule extension’s [Docket No. 180202111–8353–02] opportunity for prior notice and public effectiveness, pursuant to the authority comment. set forth in 5 U.S.C. 553(d)(3) as such RIN 0648–XG267 NMFS prepared an EA for the interim procedure for this temporary rule measures contained in the January 2, Fisheries of the Northeastern United extension is impracticable and contrary 2018, final temporary rule (83 FR 65). States; Atlantic Sea Scallop Fishery; to the public interest. A delay in The EA analyzed the impacts of reduced effectiveness is impracticable, because it Closure of the Closed Area I Scallop harvest through the 2018 fishing year, would contribute to overfishing of Access Area to General Category which includes the impacts related to golden tilefish, which is contrary to Individual Fishing Quota Scallop extending the interim measures. National Standard 1 of the Magnuson- Vessels Therefore, the impacts of extending the Stevens Act as stated previously. AGENCY: National Marine Fisheries interim measures through this Without this temporary rule extension Service (NMFS), National Oceanic and temporary rule have already been becoming effective immediately after Atmospheric Administration (NOAA), considered. Electronic copies of the EA the duration of and without interruption Commerce. are available from NMFS (see from the final temporary rule, which ACTION: Temporary rule; closure. ADDRESSES). would end after July 1, 2018, the This temporary rule extension commercial and recreational sectors SUMMARY: NMFS announces that the responds to the best scientific would be able to harvest golden tilefish Closed Area I Scallop Access Area is information available. The Assistant closed to Limited Access General daltland on DSKBBV9HB2PROD with RULES under higher ACLs and quotas than Administrator for NOAA Fisheries (AA) those implemented by the final Category Individual Fishing Quota finds that the need to immediately temporary rule and continued through scallop vessels for the remainder of the implement this action constitutes good this temporary rule extension. These 2018 fishing year. No vessel issued a cause to waive the requirements to harvests could result in further Limited Access General Category provide prior notice and opportunity for overfishing of golden tilefish, contrary Individual Fishing Quota permit may public comment, pursuant to the to NMFS’ statutory obligations. By fish for, possess, or land scallops from VerDate Sep<11>2014 20:20 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\19JNR1.SGM 19JNR1


Document Created: 2018-07-02 11:21:15
Document Modified: 2018-07-02 11:21:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; interim measures extended.
DatesThe expiration date for the final temporary rule published at 83 FR 65 on January 2, 2018, is extended through January 3, 2019, unless NMFS publishes a superseding document in the Federal Register.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, or email: [email protected]
FR Citation83 FR 28387 
RIN Number0648-BH15
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR