[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Rules and Regulations]
[Pages 8559-8560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03317]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120404257-3325-02]
RIN 0648-XD735
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
2015 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 an accountability measure for the commercial
longline component for golden tilefish in the exclusive economic zone
(EEZ) of the South Atlantic. Commercial longline landings for golden
tilefish are projected to reach the longline component's commercial
annual catch limit (ACL; commercial quota) on February 19, 2015.
Therefore, NMFS closes the commercial longline component for golden
tilefish in the South Atlantic EEZ on February 19, 2015, and it will
remain closed until the start of the next fishing season, January 1,
2016. This closure is necessary to protect the golden tilefish
resource.
DATES: This rule is effective 12:01 a.m., local time, February 19,
2015, until 12:01 a.m., local time, January 1, 2016.
FOR FURTHER INFORMATION CONTACT: Britni LaVine, 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 (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
On April 23, 2013, NMFS published a final rule to implement
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 as commercial quotas.
The 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, 2015, 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 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 quota 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 quota for the
longline component for golden tilefish in the South Atlantic will be
reached on February 19, 2015. Accordingly, the commercial longline
component for South Atlantic golden tilefish is closed effective 12:01
a.m., local time, February 19, 2015, until 12:01 a.m., local time,
January 1, 2016.
During the commercial longline closure, golden tilefish may still
be harvested commercially using hook-and-line gear. 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 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 on board must have landed and bartered,
traded, or sold such golden tilefish prior to 12:01 a.m., local time,
February 19, 2015. During the commercial longline closure, the 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, and the sale or purchase of longline-
caught golden tilefish taken from the EEZ is prohibited. 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., local time, February 19, 2015, and were
held in cold storage by a dealer or processor. Additionally, the bag
and possession limits and the sale and purchase provisions of the
commercial closure apply to a person on
[[Page 8560]]
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, 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)(ii) 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 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 for this temporary rule would be unnecessary and
contrary to the public interest. Such procedures are unnecessary,
because the regulations at 50 CFR 622.193(a)(1)(ii) itself have already
been subject to notice and comment, and all that remains is to notify
the public of the closure. Such procedures are contrary to the public
interest, because there is a need to immediately implement this action
to protect the golden tilefish resource since the capacity of the
fishing fleet allows for rapid harvest of the 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 quota for the longline component.
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 12, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-03317 Filed 2-12-15; 4:15 pm]
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