[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]
 BILLING CODE 3510-22-P