83 FR 43796 - Snapper-Grouper Fishery of the South Atlantic; 2018 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 167 (August 28, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 167 (August 28, 2018)
| Page Range | 43796-43797 | |
| FR Document | 2018-18621 |
[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)] [Rules and Regulations] [Pages 43796-43797] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18621] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120403249-2492-02] RIN 0648-XG440 Snapper-Grouper Fishery of the South Atlantic; 2018 Recreational 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 accountability measures (AMs) for the golden tilefish recreational sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2018 fishing year through this temporary rule. NMFS estimates recreational landings of golden tilefish in 2018 has reached the recreational annual catch limit (ACL). Therefore, NMFS closes the golden tilefish recreational sector in the South Atlantic EEZ on August 28, 2018. This closure is necessary to protect the golden tilefish resource. DATES: This rule is effective 12:01 a.m., local time, August 28, 2018, until 12:01 a.m., local time, January 1, 2019. FOR FURTHER INFORMATION CONTACT: Frank Helies, 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 January 2, 2018, as a result of golden tilefish being determined to be undergoing overfishing, NMFS published a final temporary rule in the Federal Register (83 FR 65) to reduce the combined ACL for golden tilefish in the South Atlantic to reduce overfishing of the stock. The final temporary rule was subsequently extended through January 3, 2019 (83 FR 28387; June 19, 2018). The recreational ACL in place during the effectiveness of the interim measures is 2,187 fish, during this current 2018 fishing year. As described in the final temporary rule, the 2,187 fish is equivalent to 9,960 lb (4,395 kg), gutted weight. In accordance with regulations at 50 CFR 622.193(a)(2)(i) for the recreational sector, if recreational landings of golden tilefish reach the recreational ACL, the Assistant Administrator for NOAA Fisheries (AA) will file a notification with the Office of the Federal Register to close the recreational sector for the remainder of the fishing year. Landings data from the NMFS Southeast Fisheries Science Center indicate that the golden tilefish recreational ACL of 2,187 fish has been reached. Therefore, this temporary rule implements an AM to close the golden tilefish recreational sector of the snapper-grouper fishery for the remainder of the 2018 fishing year. As a result, the recreational sector for golden tilefish in the South Atlantic EEZ will be closed effective 12:01 a.m., local time August 28, 2018. As the commercial sector, including both longline and hook-and-line components, are also closed, during the recreational closure, the bag and possession limits for golden tilefish in or from the South Atlantic EEZ are zero, and all harvest and possession of golden tilefish is prohibited. The recreational sector for golden tilefish will reopen on January 1, 2019, the beginning of the 2019 fishing year and the recreational fishing season. 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)(2)(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 AA finds that the need to immediately implement this action to close the recreational sector for golden tilefish constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule pursuant to 5 U.S.C. 553(b)(B), because such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the regulations at 50 CFR 622.193(a)(2)(i) have already been subject to notice and comment, [[Page 43797]] and all that remains is to notify the public of the recreational closure for golden tilefish for the remainder of the 2018 fishing year. Prior notice and opportunity for comment are contrary to the public interest because of the need to immediately implement this action to protect the golden tilefish resource. Time required for notice and public comment would allow for continued recreational harvest and further exceedance of the recreational 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 23, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-18621 Filed 8-23-18; 4:15 pm] BILLING CODE 3510-22-P
![43796 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations
The HTS codes applicable to the DEPARTMENT OF COMMERCE current 2018 fishing year. As described
products subject to the requirements of in the final temporary rule, the 2,187
the preliminary injunction may be National Oceanic and Atmospheric fish is equivalent to 9,960 lb (4,395 kg),
revised from time to time due to updates Administration gutted weight. In accordance with
to the HTS by the International Trade regulations at 50 CFR 622.193(a)(2)(i) for
Commission. Any such changes will be 50 CFR Part 622 the recreational sector, if recreational
notified to the trade community in [Docket No. 120403249–2492–02]
landings of golden tilefish reach the
accordance with CBP’s notification recreational ACL, the Assistant
RIN 0648–XG440 Administrator for NOAA Fisheries (AA)
procedures. In addition, NMFS and CBP
will file a notification with the Office of
will actively monitor the border Snapper-Grouper Fishery of the South the Federal Register to close the
operations of the trade restriction and Atlantic; 2018 Recreational recreational sector for the remainder of
the certification requirement in the Accountability Measure and Closure the fishing year. Landings data from the
initial weeks of implementation to for South Atlantic Golden Tilefish NMFS Southeast Fisheries Science
determine if the list of affected HTS Center indicate that the golden tilefish
AGENCY: National Marine Fisheries
codes can be adjusted to further recreational ACL of 2,187 fish has been
Service (NMFS), National Oceanic and
minimize disruption to trade while reached. Therefore, this temporary rule
Atmospheric Administration (NOAA),
maintaining compliance with the court implements an AM to close the golden
Commerce.
order. tilefish recreational sector of the
ACTION: Temporary rule; closure.
Importers are advised to determine if snapper-grouper fishery for the
other NMFS program requirements (e.g., SUMMARY: NMFS implements remainder of the 2018 fishing year. As
Tuna Tracking and Verification accountability measures (AMs) for the a result, the recreational sector for
Program, Seafood Import Monitoring golden tilefish recreational sector in the golden tilefish in the South Atlantic
Program) or other agency requirements exclusive economic zone (EEZ) of the EEZ will be closed effective 12:01 a.m.,
South Atlantic for the 2018 fishing year local time August 28, 2018.
(e.g., Fish and Wildlife Service, State
through this temporary rule. NMFS As the commercial sector, including
Department, Food and Drug both longline and hook-and-line
Administration) have Automated estimates recreational landings of
golden tilefish in 2018 has reached the components, are also closed, during the
Commercial Environment (ACE) data recreational closure, the bag and
recreational annual catch limit (ACL).
reporting requirements applicable to the possession limits for golden tilefish in
Therefore, NMFS closes the golden
HTS codes identified in Table 1 as or from the South Atlantic EEZ are zero,
tilefish recreational sector in the South
subject to certification under the MMPA Atlantic EEZ on August 28, 2018. This and all harvest and possession of golden
import provisions. In such cases, the closure is necessary to protect the tilefish is prohibited. The recreational
other reporting requirements still golden tilefish resource. sector for golden tilefish will reopen on
pertain in addition to the Certification DATES: This rule is effective 12:01 a.m.,
January 1, 2019, the beginning of the
of Admissibility requirements imposed local time, August 28, 2018, until 12:01 2019 fishing year and the recreational
to effectuate the court order. a.m., local time, January 1, 2019. fishing season.
Until such time as the Court of FOR FURTHER INFORMATION CONTACT: Classification
International Trade (or other court of Frank Helies, NMFS Southeast Regional The Regional Administrator for the
competent appellate jurisdiction) lifts Office, telephone: 727–824–5305, email: NMFS Southeast Region has determined
the preliminary injunction, trade frank.helies@noaa.gov. this temporary rule is necessary for the
restrictions on these products harvested SUPPLEMENTARY INFORMATION: The conservation and management of South
by gillnets in the UGC of Mexico within snapper-grouper fishery of the South Atlantic golden tilefish and is consistent
the vaquita’s range will continue and Atlantic includes golden tilefish and is with the Magnuson-Stevens Act and
Certification of Admissibility will be managed under the Fishery other applicable laws.
required for the HTS codes listed in this Management Plan for the Snapper- This action is taken under 50 CFR
notice. Grouper Fishery of the South Atlantic 622.193(a)(2)(i) and is exempt from
Authority: 16 U.S.C. 1361 et seq.
Region (FMP). The FMP was prepared review under Executive Order 12866.
by the South Atlantic Fishery These measures are exempt from the
Dated: August 23, 2018. Management Council and is procedures of the Regulatory Flexibility
Samuel D. Rauch III, implemented by NMFS under the Act because the temporary rule is issued
Deputy Assistant Administrator for authority of the Magnuson-Stevens without opportunity for prior notice and
Regulatory Programs, National Marine Fishery Conservation and Management comment.
Fisheries Service. Act (Magnuson-Stevens Act) by This action responds to the best
[FR Doc. 2018–18628 Filed 8–24–18; 4:15 pm] regulations at 50 CFR part 622. scientific information available. The AA
BILLING CODE 3510–22–P
On January 2, 2018, as a result of finds that the need to immediately
golden tilefish being determined to be implement this action to close the
undergoing overfishing, NMFS recreational sector for golden tilefish
published a final temporary rule in the constitutes good cause to waive the
Federal Register (83 FR 65) to reduce requirements to provide prior notice
the combined ACL for golden tilefish in and opportunity for public comment on
the South Atlantic to reduce overfishing this temporary rule pursuant to 5 U.S.C.
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of the stock. The final temporary rule 553(b)(B), because such procedures are
was subsequently extended through unnecessary and contrary to the public
January 3, 2019 (83 FR 28387; June 19, interest. Such procedures are
2018). The recreational ACL in place unnecessary because the regulations at
during the effectiveness of the interim 50 CFR 622.193(a)(2)(i) have already
measures is 2,187 fish, during this been subject to notice and comment,
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![Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations 43797
and all that remains is to notify the GOA exclusive economic zone delay the directed fishing closure of
public of the recreational closure for according to the Fishery Management Pacific cod by catcher vessels greater
golden tilefish for the remainder of the Plan for Groundfish of the Gulf of than or equal to 50 feet LOA using hook-
2018 fishing year. Prior notice and Alaska (FMP) prepared by the North and-line gear in the Central Regulatory
opportunity for comment are contrary to Pacific Fishery Management Council Area of the GOA. NMFS was unable to
the public interest because of the need under authority of the Magnuson- publish a notice providing time for
to immediately implement this action to Stevens Fishery Conservation and public comment because the most
protect the golden tilefish resource. Management Act. Regulations governing recent, relevant data only became
Time required for notice and public fishing by U.S. vessels in accordance available as of August 22, 2018.
comment would allow for continued with the FMP appear at subpart H of 50 The AA also finds good cause to
recreational harvest and further CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective
exceedance of the recreational ACL. Regulations governing sideboard date of this action under 5 U.S.C.
For the aforementioned reasons, the protections for GOA groundfish 553(d)(3). This finding is based upon
AA also finds good cause to waive the fisheries appear at subpart B of 50 CFR the reasons provided above for waiver of
30-day delay in the effectiveness of this part 680. prior notice and opportunity for public
action under 5 U.S.C. 553(d)(3). The annual allowance of the 2018 comment.
Pacific cod total allowable catch (TAC) This action is required by § 679.20
Authority: 16 U.S.C. 1801 et seq.
apportioned to catcher vessels greater and is exempt from review under
Dated: August 23, 2018. than or equal to 50 feet LOA using hook- Executive Order 12866.
Margo B. Schulze-Haugen, and-line gear in the Central Regulatory
Authority: 16 U.S.C. 1801 et seq.
Acting Director, Office of Sustainable Area of the GOA is 404 metric tons (mt),
Fisheries, National Marine Fisheries Service. as established by the final 2018 and Dated: August 23, 2018.
[FR Doc. 2018–18621 Filed 8–23–18; 4:15 pm] 2019 harvest specifications for Margo B. Schulze-Haugen,
BILLING CODE 3510–22–P groundfish of the GOA (83 FR 8768, Acting Director, Office of Sustainable
March 1, 2018). Fisheries, National Marine Fisheries Service.
In accordance with § 679.20(d)(1)(i), [FR Doc. 2018–18622 Filed 8–27–18; 8:45 am]
DEPARTMENT OF COMMERCE the Administrator, Alaska Region, BILLING CODE 3510–22–P
NMFS (Regional Administrator) has
National Oceanic and Atmospheric determined that the annual allowance of
Administration the 2018 Pacific cod TAC apportioned DEPARTMENT OF COMMERCE
to catcher vessels greater than or equal
50 CFR Part 679 to 50 feet LOA using hook-and-line gear National Oceanic and Atmospheric
[Docket No. 170816769–8162–02]
in the Central Regulatory Area of the Administration
GOA will soon be reached. Therefore,
RIN 0648–XG394 the Regional Administrator is 50 CFR Part 679
establishing a directed fishing
Fisheries of the Exclusive Economic allowance of 344 mt and is setting aside [Docket No. 170817779–8161–02]
Zone Off Alaska; Pacific Cod by the remaining 60 mt as bycatch to
Catcher Vessels Greater Than or Equal support other anticipated groundfish RIN 0648–XG429
to 50 Feet Length Overall Using Hook- fisheries. In accordance with
and-Line Gear in the Central § 679.20(d)(1)(iii), the Regional Fisheries of the Exclusive Economic
Regulatory Area of the Gulf of Alaska Administrator finds that this directed Zone Off Alaska; Pacific Cod in the
AGENCY: National Marine Fisheries fishing allowance has been reached. Bering Sea and Aleutian Islands
Service (NMFS), National Oceanic and Consequently, NMFS is prohibiting Management Area
Atmospheric Administration (NOAA), directed fishing for Pacific cod by
catcher vessels greater than or equal to AGENCY: National Marine Fisheries
Commerce. Service (NMFS), National Oceanic and
50 feet LOA using hook-and-line gear in
ACTION: Temporary rule; closure. Atmospheric Administration (NOAA),
the Central Regulatory Area of the GOA.
While this closure is effective the Commerce.
SUMMARY: NMFS is prohibiting directed
maximum retainable amounts at ACTION: Temporary rule; modification of
fishing for Pacific cod by catcher vessels
greater than or equal to 50 feet length § 679.20(e) and (f) apply at any time a closure; request for comments.
overall (LOA) using hook-and-line gear during a trip.
SUMMARY: NMFS is opening directed
in the Central Regulatory Area of the Classification fishing for Pacific cod by catcher vessels
Gulf of Alaska (GOA). This action is less than 60 feet (18.3 meters) length
This action responds to the best
necessary to prevent exceeding the overall (LOA) using hook-and-line or
available information recently obtained
annual allowance of the 2018 Pacific pot gear in the Bering Sea and Aleutian
from the fishery. The Assistant
cod total allowable catch apportioned to Islands Management Area (BSAI). This
Administrator for Fisheries, NOAA
catcher vessels greater than or equal to action is necessary to fully use the 2018
(AA), finds good cause to waive the
50 feet LOA using hook-and-line gear in total allowable catch of Pacific cod
requirement to provide prior notice and
the Central Regulatory Area of the GOA. allocated to catcher vessels less than 60
opportunity for public comment
DATES: Effective 1200 hours, Alaska pursuant to the authority set forth at 5 feet LOA using hook-and-line or pot
local time (A.l.t.), September 1, 2018, U.S.C. 553(b)(B) as such requirement is gear in the BSAI.
daltland on DSKBBV9HB2PROD with RULES
through 2400 hours, A.l.t., December 31, impracticable and contrary to the public DATES: Effective 1200 hours, Alaska
2018. interest. This requirement is local time (A.l.t.), September 1, 2018,
FOR FURTHER INFORMATION CONTACT: impracticable and contrary to the public through 2400 hours, A.l.t., December 31,
Obren Davis, 907–586–7228. interest as it would prevent NMFS from 2018. Comments must be received at the
SUPPLEMENTARY INFORMATION: NMFS responding to the most recent fisheries following address no later than 4:30
manages the groundfish fishery in the data in a timely fashion and would p.m., A.l.t., September 12, 2018.
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Document Created: 2018-08-28 00:23:15
Document Modified: 2018-08-28 00:23:15
| 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, August 28, 2018, until 12:01 a.m., local time, January 1, 2019. | |
| Contact | Frank Helies, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 43796 | |
| RIN Number | 0648-XG44 |
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