83 FR 40156 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 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 83, Issue 157 (August 14, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 157 (August 14, 2018)
| Page Range | 40156-40157 | |
| FR Document | 2018-17388 |
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)] [Rules and Regulations] [Pages 40156-40157] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17388] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120404257-3325-02] RIN 0648-XG409 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 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 August 14, 2018. Therefore, NMFS closes the commercial hook-and-line component for golden tilefish in the South Atlantic EEZ on August 14, 2018, and it will remain closed until the start of the next fishing year on January 1, 2019. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective at 12:01 a.m., local time, August 14, 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 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 divided the commercial golden tilefish annual catch limit (ACL) between the commercial longline and commercial hook-and-line gear 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), effective through July 1, 2018. On June 19, 2018, NMFS published an extension of the interim measures for an additional 186 days, through January 3, 2019 (83 FR 28387). As a result of the interim measures, the total ACL for golden tilefish is 323,000 lb (146,510 kg), gutted weight, and the commercial ACL is 313,310 lb (142,115 kg), gutted weight. The current golden tilefish commercial quota (ACL) for the 2018 fishing year for the hook-and-line component is 78,328 lb (35,529 kg), gutted weight, with the remainder of the commercial quota assigned to the longline group. 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 quota (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 quota for the golden tilefish hook-and-line component in the South Atlantic will be reached on August 14, 2018. Accordingly, the hook-and-line component of South Atlantic golden tilefish is closed effective at 12:01 a.m., local time, August 14, 2018. The commercial longline component for South Atlantic golden tilefish closed on March 25, 2018, and will remain closed for the remainder of the fishing year, until 12:01 a.m., local time, January 1, 2019 (83 FR 12280; March 21, 2018). 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 will be closed effective at 12:01 a.m., local time, August 14, 2018, until 12:01 a.m., local time, January 1, 2019. 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, August 14, 2018. 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, August 14, 2018, and were [[Page 40157]] 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)(1)(ii). 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) 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 opportunity for public comment would require time and could 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: August 8, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-17388 Filed 8-9-18; 4:15 pm] BILLING CODE 3510-22-P
![40156 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations
Office of the Chief Counsel, National DEPARTMENT OF COMMERCE gear components (78 FR 23858; April
Telecommunications and Information 23, 2013). On January 2, 2018, NMFS
Administration, U.S. Department of National Oceanic and Atmospheric published a final temporary rule to
Commerce, 1401 Constitution Avenue Administration implement interim measures to reduce
NW, Room 4713, Washington, DC overfishing of golden tilefish in Federal
20230; telephone: (202) 482–1816; 50 CFR Part 622 waters of the South Atlantic (83 FR 65),
email: MVasquez@ntia.doc.gov. [Docket No. 120404257–3325–02]
effective through July 1, 2018. On June
19, 2018, NMFS published an extension
SUPPLEMENTARY INFORMATION: On August RIN 0648–XG409 of the interim measures for an
3, 2018, NTIA and NHTSA published a additional 186 days, through January 3,
joint final rule implementing revisions Fisheries of the Caribbean, Gulf of 2019 (83 FR 28387). As a result of the
to the 911 Grant Program (47 CFR part Mexico, and South Atlantic; 2018 interim measures, the total ACL for
400) as a result of the enactment of the Commercial Accountability Measure golden tilefish is 323,000 lb (146,510
Next Generation 911 (NG911) and Closure for South Atlantic Golden kg), gutted weight, and the commercial
Advancement Act of 2012. Final Rule, Tilefish Hook-and-Line Component ACL is 313,310 lb (142,115 kg), gutted
83 FR 38051. The final rule was AGENCY: National Marine Fisheries weight. The current golden tilefish
effective upon publication in the Service (NMFS), National Oceanic and commercial quota (ACL) for the 2018
Federal Register. The regulatory text Atmospheric Administration (NOAA), fishing year for the hook-and-line
contained numbering errors in §§ 400.4 Commerce. component is 78,328 lb (35,529 kg),
and 400.6. This correcting amendment ACTION: Temporary rule; closure.
gutted weight, with the remainder of the
corrects those errors. commercial quota assigned to the
SUMMARY: NMFS implements longline group.
List of Subjects in 47 CFR Part 400 accountability measures for the Under 50 CFR 622.193(a)(1)(i), NMFS
commercial hook-and-line component is required to close the commercial
Grant programs, Telecommunications, for golden tilefish in the exclusive hook-and-line component for golden
Emergency response capabilities (911). economic zone (EEZ) of the South tilefish when the hook-and-line
Accordingly, 47 CFR part 400 is Atlantic. NMFS projects commercial component’s commercial quota (ACL)
hook-and-line landings for golden has been reached, or is projected to be
corrected by making the following
tilefish will reach the hook-and-line reached, by filing a notification to that
correcting amendments:
component’s commercial annual catch effect with the Office of the Federal
PART 400—911 GRANT PROGRAM limit (ACL) on August 14, 2018. Register. NMFS has determined that the
Therefore, NMFS closes the commercial commercial quota for the golden tilefish
hook-and-line component for golden hook-and-line component in the South
■ 1. The authority citation for part 400 Atlantic will be reached on August 14,
continues to read as follows: tilefish in the South Atlantic EEZ on
August 14, 2018, and it will remain 2018. Accordingly, the hook-and-line
Authority: 47 U.S.C. 942. closed until the start of the next fishing component of South Atlantic golden
year on January 1, 2019. This closure is tilefish is closed effective at 12:01 a.m.,
§ 400.4 [Amended] local time, August 14, 2018.
necessary to protect the golden tilefish
resource. The commercial longline component
■ 2. In § 400.4, redesignate paragraphs
for South Atlantic golden tilefish closed
(b)(4) and the paragraph following it DATES: This rule is effective at 12:01
on March 25, 2018, and will remain
(which is incorrectly designated as (b)) a.m., local time, August 14, 2018, until closed for the remainder of the fishing
as paragraphs (b)(4)(i) and (ii). 12:01 a.m., local time, January 1, 2019. year, until 12:01 a.m., local time,
FOR FURTHER INFORMATION CONTACT: January 1, 2019 (83 FR 12280; March 21,
§ 400.6 [Amended] Mary Vara, NMFS Southeast Regional 2018). Therefore, because the
■ 3. In § 400.6(a), redesignate the second Office, telephone: 727–824–5305, email: commercial longline component is
paragraph (a)(2) as paragraph (a)(3). mary.vara@noaa.gov. already closed, and NMFS is closing the
SUPPLEMENTARY INFORMATION: The commercial hook-and-line component
Dated: August 9, 2018. snapper-grouper fishery of the South through this temporary rule, all
Kathy D. Smith, Atlantic includes golden tilefish and is commercial fishing for South Atlantic
Chief Counsel, National Telecommunications managed under the Fishery golden tilefish will be closed effective at
and Information Administration. Management Plan for the Snapper- 12:01 a.m., local time, August 14, 2018,
John Donaldson, Grouper Fishery of the South Atlantic until 12:01 a.m., local time, January 1,
Assistant Chief Counsel, National Highway Region (FMP). The FMP was prepared 2019.
Traffic Safety Administration. by the South Atlantic Fishery The operator of a vessel with a valid
[FR Doc. 2018–17423 Filed 8–13–18; 8:45 am]
Management Council and is Federal commercial vessel permit for
implemented by NMFS under the South Atlantic snapper-grouper having
BILLING CODE 3510–60–P
authority of the Magnuson-Stevens golden tilefish on board must have
Fishery Conservation and Management landed and bartered, traded, or sold
Act (Magnuson-Stevens Act) by such golden tilefish prior to 12:01 a.m.,
regulations at 50 CFR part 622. local time, August 14, 2018. During the
Amendment 18B to the FMP closure, the sale or purchase of golden
established a longline endorsement tilefish taken from the EEZ is
amozie on DSK3GDR082PROD with RULES
program for the commercial golden prohibited. The prohibition on sale or
tilefish component of the snapper- purchase does not apply to the sale or
grouper fishery and divided the purchase of golden tilefish that were
commercial golden tilefish annual catch harvested by hook-and-line, landed
limit (ACL) between the commercial ashore, and sold prior to 12:01 a.m.,
longline and commercial hook-and-line local time, August 14, 2018, and were
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![Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Rules and Regulations 40157
held in cold storage by a dealer or Dated: August 8, 2018. public that it made this determination.
processor. For a person on board a Jennifer M. Wallace, NMFS must also publish the date that
vessel for which a Federal commercial Acting Director, Office of Sustainable the catch is projected to reach 95
or charter vessel/headboat permit for the Fisheries, National Marine Fisheries Service. percent of the quota, and the date when
South Atlantic snapper-grouper fishery [FR Doc. 2018–17388 Filed 8–9–18; 4:15 pm] prohibitions on catch and landings for
has been issued, the sale and purchase BILLING CODE 3510–22–P the remainder of the fishing year
provisions of the commercial closure for become effective.
golden tilefish would apply regardless The Regional Administrator has
of whether the fish are harvested in state DEPARTMENT OF COMMERCE
determined, based on dealer reports and
or Federal waters, as specified in 50 other available information, that the
National Oceanic and Atmospheric
CFR 622.190(c)(1)(ii). Administration Illex squid fleet will catch 95 percent of
Classification the total Illex squid DAH quota for the
50 CFR Part 648 2018 season through December 31,
The Regional Administrator, 2018, by August 15, 2018. Therefore,
[Docket No. 140902739–5224–02]
Southeast Region, NMFS, has effective 1200 hr local time, August 15,
determined this temporary rule is RIN 0648–XG349 2018, federally permitted vessels may
necessary for the conservation and not fish for, catch, possess, transfer, or
management of South Atlantic golden Fisheries of the Northeastern United land more than 10,000 lb (4,535 kg) of
tilefish and is consistent with the States; Atlantic Mackerel, Squid, and
Illex squid more than once per calendar
Magnuson-Stevens Act and other Butterfish Fishery; 2018 Illex Squid
day. Vessels that have entered port
Quota Harvested
applicable laws. before 1200 hr on August 15, 2018, may
This action is taken under 50 CFR AGENCY: National Marine Fisheries offload and sell more than 10,000 lb
622.193(a)(1) and is exempt from review Service (NMFS), National Oceanic and (4,535 kg) of Illex squid from that trip.
under Executive Order 12866. Atmospheric Administration (NOAA), Also, federally permitted dealers may
Commerce. not receive Illex squid from federally
These measures are exempt from the ACTION: Temporary rule; reduction of permitted Illex squid vessels that
procedures of the Regulatory Flexibility possession limit. harvest more than 10,000 lb (4,535 kg)
Act because the temporary rule is issued of Illex squid through 2400 hr,
without opportunity for prior notice and SUMMARY: Beginning August 15, 2018,
December 31, 2018, unless it is from a
comment. through December 31, 2018, Federal
trip landed by a vessel that entered port
This action responds to the best Illex squid vessel permit holders are
before 1200 hr on August 15, 2018.
scientific information available. The prohibited from fishing for, catching,
possessing, transferring or landing more Classification
Assistant Administrator for Fisheries,
than 10,000 lb (4,535 kg) on Illex squid
NOAA (AA), finds that the need to This action is required by 50 CFR part
per trip per calendar day. This
immediately implement this action to 648 and is exempt from review under
prohibition is effective when NMFS
close the commercial hook-and-line projects that 95 percent of the 2018 Executive Order 12866.
component for golden tilefish annual catch limit will have been NMFS finds good cause pursuant to 5
constitutes good cause to waive the caught by the effective date. This action U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3)
requirements to provide prior notice is intended to prevent over harvest of to waive prior notice and the
and opportunity for public comment Illex squid for the fishing year. opportunity for public comment and the
pursuant to the authority set forth in 5 DATES: Effective 1200 hr local time, delayed effectiveness because it would
U.S.C. 553(b)(B), as such procedures are August 15, 2018, through December 31, be contrary to the public interest and
unnecessary and contrary to the public 2018. impracticable. Data and other
interest. Such procedures are FOR FURTHER INFORMATION CONTACT: information indicating the Illex squid
unnecessary because the rule itself has Alyson Pitts, Fishery Management fleet will have landed at least 95 percent
been subject to notice and comment, Specialist, (978) 281–9352. of the 2018 DAH quota have only
and all that remains is to notify the SUPPLEMENTARY INFORMATION: recently become available. Landings
public of the closure. Such procedures Regulations for the Illex squid fishery data are updated on a weekly basis, and
are contrary to the public interest are at 50 CFR part 648. The regulations NMFS monitors catch data on a daily
because the capacity of the fishing fleet at § 648.24(a)(2) require that when the basis as catch increases toward the
allows for rapid harvest of the Regional Administrator projects that limit. Further, high-volume catch and
commercial ACL for the hook-and-line Illex squid catch will reach 95 percent landings in this fishery increases total
component, and there is a need to of the domestic annual harvest (DAH) catch relative to the quota quickly. The
immediately implement this action to quota, NMFS must prohibit Federal Illex regulations at § 648.24(a)(2) require such
protect golden tilefish. Prior notice and squid vessel permit holders from action to ensure that Illex squid vessels
opportunity for public comment would directed fishing. Vessels may not catch, do not exceed the 2018 DAH quota. If
require time and could potentially result possess, transfer, or land more than implementation of this action is
in a harvest well in excess of the 10,000 lb (4,535 kg) of Illex squid per delayed, the quota for the 2018 fishing
established commercial ACL. trip, or land more than 10,000 lb (4,535
year may be exceeded, thereby
kg) per calendar day. The Regional
amozie on DSK3GDR082PROD with RULES
For the aforementioned reasons, the undermining the conservation
Administrator monitors the Illex squid
AA also finds good cause to waive the objectives of the FMP. Also, the public
fishery catch annually based on dealer
30-day delay in the effectiveness of this had prior notice and full opportunity to
reports, state data, and other available
action under 5 U.S.C. 553(d)(3). information. When 95 percent of the comment on this process when these
Authority: 16 U.S.C. 1801 et seq. DAH has been reached, NMFS must provisions were put in place.
provide at least 72 hours of notice to the Authority: 16 U.S.C. 1801 et seq.
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Document Created: 2018-08-14 02:18:50
Document Modified: 2018-08-14 02:18:50
| 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, August 14, 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 40156 | |
| RIN Number | 0648-XG40 |
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