[Federal Register Volume 79, Number 43 (Wednesday, March 5, 2014)]
[Rules and Regulations]
[Pages 12411-12412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04858]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
RIN 0648-XD118
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2014 Commercial Accountability Measure and Closure for South Atlantic
Golden Tilefish Longline Component
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
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SUMMARY: NMFS implements accountability measures for the commercial
longline component for golden tilefish in the exclusive economic zone
(EEZ) of the South Atlantic. Commercial longline landings for golden
tilefish, as estimated by the Science and Research Director (SRD), are
projected to reach the longline component's commercial annual catch
limit (ACL) on March 5, 2014. Therefore, NMFS closes the commercial
longline component for golden tilefish in the South Atlantic EEZ on
March 5, 2014, and it will remain closed until the start of the next
fishing season, January 1, 2015. This closure is necessary to protect
the golden tilefish resource.
DATES: This rule is effective 12:01 a.m., local time, March 5, 2014,
until 12:01 a.m., local time, January 1, 2015.
FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, 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 under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act by regulations
at 50 CFR part 622.
On April 23, 2013, NMFS published a final rule for Amendment 18B to
the FMP (78 FR 23858). Amendment 18B to the FMP established a longline
endorsement program for the commercial golden tilefish component of the
snapper-grouper fishery and allocated the commercial golden tilefish
ACL among two gear groups, the longline and hook-and-line components.
The commercial ACL (commercial quota) for the longline component
for golden tilefish in the South Atlantic is 405,971 lb (184,145 kg),
gutted weight, for the current fishing year, January 1 through December
31, 2014, as specified in 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 ACL (commercial quota) has been reached, or is
projected to be reached, by filing a notification to that effect with
the Office of the Federal Register. After the commercial ACL for the
longline component is reached or projected to be reached, golden
tilefish may not be fished for or possessed by a vessel with a golden
tilefish longline endorsement. NMFS has determined that the commercial
ACL (commercial quota) for the longline component for golden tilefish
in the South Atlantic will have been reached by March 5, 2014.
Accordingly, the commercial longline component for South Atlantic
golden tilefish is closed effective 12:01 a.m., local time, March 5,
2014, until 12:01 a.m., local time, January 1, 2015.
During the commercial longline closure, golden tilefish may still
be harvested commercially using hook-and-line gear. However, vessels
with golden tilefish longline endorsements are not eligible to fish for
golden tilefish using hook-and-line gear under the hook-and-line trip
limit, as specified in 50 CFR 622.191(a)(2)(ii). The operator of a
vessel with a valid commercial vessel permit for South Atlantic
snapper-grouper and a valid commercial longline endorsement for golden
tilefish having golden tilefish onboard must have landed and bartered,
traded, or sold such golden tilefish prior to 12:01 a.m., local time,
March 5, 2014.
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, the FMP, 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 available scientific information
recently obtained from the fishery. The Assistant Administrator for
Fisheries, NOAA, (AA), finds that the need to immediately implement
this action to close 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 would be
unnecessary and contrary to the public interest. Such procedures would
be unnecessary because the rule itself has been subject to notice and
comment, and all that remains is to notify the public of the closure.
Allowing prior notice and opportunity for public comment is
contrary to the public interest because of the need to immediately
implement this action to protect golden tilefish since the capacity of
the fishing fleet allows for rapid harvest of the commercial ACL
(commercial quota) for the longline component. 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
(commercial quota) for the longline component.
[[Page 12412]]
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: February 28, 2014.
James P. Burgess,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2014-04858 Filed 2-28-14; 4:15 pm]
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