[Federal Register Volume 85, Number 50 (Friday, March 13, 2020)]
[Rules and Regulations]
[Pages 14602-14603]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-05130]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
[RTID 0648-XS027]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Re-Opening of Commercial Longline Fishery for South Atlantic Golden
Tilefish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; re-opening.
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SUMMARY: NMFS announces the re-opening of the commercial longline
component for golden tilefish in the exclusive economic zone (EEZ) of
the South Atlantic through this temporary rule. The most recent
commercial longline landings data for golden tilefish indicate the
commercial longline annual catch limit (ACL) for the 2020 fishing year
has not yet been reached. Therefore, NMFS re-opens the commercial
longline component for golden tilefish in the South Atlantic EEZ for 9
days to allow the commercial longline ACL to be caught while
[[Page 14603]]
minimizing the risk of the commercial ACL being exceeded.
DATES: This temporary rule is effective from 12:01 a.m. eastern time on
March 14, 2020, until 12:01 a.m. eastern time on March 23, 2020.
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.
The commercial sector for golden tilefish comprises the longline
and hook-and-line components. The commercial golden tilefish ACL is
allocated 75 percent to the longline component and 25 percent to the
hook-and-line component. The commercial ACL (equivalent to the
commercial quota) is 331,740 lb (150,475 kg) gutted weight, and the
longline component quota is 248,805 lb (112,856 kg) gutted weight (50
CFR 622.190(a)(2)(iii).
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 specified under 50 CFR 622.190(a)(2)(iii)
is reached or is projected to be reached by filing a notification to
that effect with the Office of the Federal Register. After the longline
component quota is reached or is projected to be reached, golden
tilefish may not be commercially fished or possessed by a vessel with a
golden tilefish longline endorsement. NMFS previously determined that
the commercial quota for the golden tilefish longline component in the
South Atlantic would be reached by February 18, 2020. Therefore, NMFS
published a temporary rule to close the commercial longline component
for South Atlantic golden tilefish from February 18, 2020, through the
end of the 2020 fishing year (85 FR 9398; February 19, 2020). However,
a recent landings estimation indicates that the commercial longline ACL
for golden tilefish has not been met.
In accordance with 50 CFR 622.8(c), NMFS temporarily re-opens the
commercial longline component for golden tilefish on March 14, 2020.
The commercial longline component will remain open for 9 days to allow
for the commercial longline ACL to be reached. The commercial longline
component will be closed from 12:01 a.m. eastern time on March 23,
2020, until January 1, 2021, the start of the next fishing year. NMFS
has determined that this re-opening will allow for an additional
opportunity to commercially harvest the golden tilefish longline
component quota while minimizing the risk of exceeding the commercial
ACL.
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 having golden tilefish on
board must have landed and bartered, traded, or sold such golden
tilefish prior to 12:01 a.m. eastern time on March 23, 2020. During the
subsequent commercial longline closure, golden tilefish may still be
commercially harvested using hook-and-line gear while the hook-and-line
component is open. 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. eastern time on March 23,
2020. 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 South Atlantic 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. eastern time on March 23,
2020, and 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
FMP, the Magnuson-Stevens Act, and other applicable laws.
This action is taken under 50 CFR 622.8(c) 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 re-open 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. Such
procedures are unnecessary, because the applicable regulations have
already been subject to notice and comment, and all that remains is to
notify the public of the re-opening.
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 9, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-05130 Filed 3-10-20; 4:15 pm]
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