83_FR_42612 83 FR 42449 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Blueline Tilefish

83 FR 42449 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Blueline Tilefish

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 163 (August 22, 2018)

Page Range42449-42449
FR Document2018-18133

NMFS implements an accountability measure (AM) for commercial blueline tilefish in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings of blueline tilefish are projected to reach the commercial annual catch limit (ACL) by August 22, 2018. Therefore, NMFS is closing the commercial sector for blueline tilefish in the South Atlantic EEZ at 12:01 a.m., local time, on August 22, 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 blueline tilefish resource.

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018) 
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Page 42449]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18133]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 140501394-5279-02]
RIN 0648-XG424


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2018 Commercial Accountability Measure and Closure for South Atlantic 
Blueline Tilefish

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for commercial 
blueline tilefish in the exclusive economic zone (EEZ) of the South 
Atlantic. Commercial landings of blueline tilefish are projected to 
reach the commercial annual catch limit (ACL) by August 22, 2018. 
Therefore, NMFS is closing the commercial sector for blueline tilefish 
in the South Atlantic EEZ at 12:01 a.m., local time, on August 22, 
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 
blueline tilefish resource.

DATES: This temporary rule is effective at 12:01 a.m., local time, on 
August 22, 2018, until 12:01 a.m., local time, on 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 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 by NMFS 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 commercial ACL for 
blueline tilefish is 87,521 lb (39,699 kg), round weight. The 
commercial AM for blueline tilefish requires NMFS to close the 
commercial sector 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 (50 CFR 622.193(z)(1)(i)). NMFS has projected 
that the commercial ACL for South Atlantic blueline tilefish will be 
reached by August 22, 2018. Accordingly, the commercial sector for 
South Atlantic blueline tilefish is closed effective at 12:01 a.m., 
local time, on August 22, 2018, until 12:01 a.m., local time, on 
January 1, 2019.
    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 August 22, 2018. 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: August 17, 2018.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2018-18133 Filed 8-17-18; 4:15 pm]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations 42449 Office of Management and Budget under 2018, until 12:01 a.m., local time, on snapper-grouper fishery and is 44 U.S.C. 3501 et seq. January 1, 2019. consistent with the Magnuson-Stevens F. Small Business Regulatory FOR FURTHER INFORMATION CONTACT: Act and other applicable laws. Enforcement Fairness Act Mary Vara, NMFS Southeast Regional This action is taken under 50 CFR Office, telephone: 727–824–5305, email: 622.193(z)(1)(i) and is exempt from This direct final rule is exempt from mary.vara@noaa.gov. Congressional review under 5 U.S.C. review under Executive Order 12866. SUPPLEMENTARY INFORMATION: The 801 since it relates solely to agency These measures are exempt from the snapper-grouper fishery of the South management and personnel. procedures of the Regulatory Flexibility Atlantic includes blueline tilefish and is Act because the temporary rule is issued List of Subjects in 41 CFR Part 102–84 managed under the Fishery Management Plan for the Snapper- without opportunity for prior notice and Federal buildings and facilities, comment. Government property management. Grouper Fishery of the South Atlantic Region (FMP). The South Atlantic This action responds to the best Dated: August 14, 2018. Fishery Management Council and scientific information available. The Emily W. Murphy, NMFS prepared the FMP, and the FMP Assistant Administrator for NOAA Administrator. is implemented by NMFS under the Fisheries (AA) finds that the need to authority of the Magnuson-Stevens immediately implement this action to PART 102–84—[REMOVED AND Fishery Conservation and Management close the commercial sector for blueline RESERVED] Act (Magnuson-Stevens Act) by tilefish constitutes good cause to waive ■ For the reasons stated in the preamble, regulations at 50 CFR part 622. the requirements to provide prior notice and under the authority of 40 U.S.C. As specified at 50 CFR and opportunity for public comment 121(c), GSA is removing and reserving 622.193(z)(1)(i), the commercial ACL for pursuant to the authority set forth in 5 41 CFR part 102–84, consisting of blueline tilefish is 87,521 lb (39,699 kg), U.S.C. 553(b)(B), as such prior notice sections 102–84.5 through 102–84.55. round weight. The commercial AM for and opportunity for public comment are blueline tilefish requires NMFS to close unnecessary and contrary to the public [FR Doc. 2018–18041 Filed 8–21–18; 8:45 am] the commercial sector when the BILLING CODE 6820–14–P interest. Such procedures are commercial ACL is reached, or is unnecessary because the regulations at projected to be reached, by filing a 50 CFR 622.193(z)(1)(i) have already notification to that effect with the Office DEPARTMENT OF COMMERCE of the Federal Register (50 CFR been subject to notice and comment, 622.193(z)(1)(i)). NMFS has projected and all that remains is to notify the National Oceanic and Atmospheric that the commercial ACL for South public of the closure. Prior notice and Administration Atlantic blueline tilefish will be reached opportunity for public comment are by August 22, 2018. Accordingly, the contrary to the public interest because 50 CFR Part 622 commercial sector for South Atlantic there is a need to immediately [Docket No. 140501394–5279–02] blueline tilefish is closed effective at implement this action to protect 12:01 a.m., local time, on August 22, blueline tilefish, since the capacity of RIN 0648–XG424 2018, until 12:01 a.m., local time, on the fishing fleet allows for rapid harvest Fisheries of the Caribbean, Gulf of January 1, 2019. of the commercial ACL. Prior notice and Mexico, and South Atlantic; 2018 The operator of a vessel with a valid opportunity for public comment would Commercial Accountability Measure Federal commercial vessel permit for require time and would potentially and Closure for South Atlantic Blueline South Atlantic snapper-grouper having result in a harvest well in excess of the Tilefish blueline tilefish on board must have established commercial ACL. landed and bartered, traded, or sold AGENCY: National Marine Fisheries For the aforementioned reasons, the such blueline tilefish prior to August 22, Service (NMFS), National Oceanic and AA also finds good cause to waive the 2018. During the commercial closure, all Atmospheric Administration (NOAA), 30-day delay in the effectiveness of this sale or purchase of blueline tilefish is Commerce. prohibited. The harvest or possession of action under 5 U.S.C. 553(d)(3). ACTION: Temporary rule; closure. blueline tilefish in or from the South Authority: 16 U.S.C. 1801 et seq. Atlantic EEZ is limited to the bag and Dated: August 17, 2018. SUMMARY: NMFS implements an possession limits specified in 50 CFR accountability measure (AM) for Alan D. Risenhoover, 622.187(b)(2) and 622.187(c)(1), commercial blueline tilefish in the respectively, while the recreational Director, Office of Sustainable Fisheries, exclusive economic zone (EEZ) of the sector for blueline tilefish is open. National Marine Fisheries Service. South Atlantic. Commercial landings of These bag and possession limits apply [FR Doc. 2018–18133 Filed 8–17–18; 4:15 pm] blueline tilefish are projected to reach in the South Atlantic on board a vessel BILLING CODE 3510–22–P the commercial annual catch limit with a valid Federal commercial or (ACL) by August 22, 2018. Therefore, charter vessel/headboat permit for NMFS is closing the commercial sector South Atlantic snapper-grouper, and for blueline tilefish in the South apply to the harvest of blueline tilefish Atlantic EEZ at 12:01 a.m., local time, in both state and Federal waters. on August 22, 2018, and it will remain amozie on DSK3GDR082PROD with RULES closed until the start of the next fishing Classification year on January 1, 2019. This closure is The Regional Administrator for the necessary to protect the blueline tilefish NMFS Southeast Region has determined resource. this temporary rule is necessary for the DATES: This temporary rule is effective conservation and management of at 12:01 a.m., local time, on August 22, blueline tilefish and the South Atlantic VerDate Sep<11>2014 16:01 Aug 21, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\22AUR1.SGM 22AUR1


Document Created: 2018-08-22 00:38:20
Document Modified: 2018-08-22 00:38:20
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; closure.
DatesThis temporary rule is effective at 12:01 a.m., local time, on August 22, 2018, until 12:01 a.m., local time, on January 1, 2019.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 42449 
RIN Number0648-XG42
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